Council archive · source document
23176DA Change a Decision Notice [As Published] · 132003.220653.3
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2003/220653
5 July 2010
CBD Settlers Cove Pty Ltd
PO Box 1923
NOOSA HEADS QLD 4567
Dear Sir
Change to an Existing Approval
Integrated Planning Act 1997
I refer to your request of extension to relevant period and to make a change to an existing approval.
On 1 July 2010 Council decided your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 23176 DA (2003/220653)
Street address: Serenity Close, Noosa Heads
Real property description: Lot 7 SP 195871
Planning Scheme: Superceded Planning Scheme (1997)
2 DECISION DETAILS
Council on 4 November 2004 decided to approve the application and grant a Development Permit,
subject to conditions.
In relation to representations made by the Applicant, Council on 10 March 2005 decided to:
A. Approve a change to conditions 97, 122.5 & 122.8;
B. Delete condition 122.7.
In relation to a request to change the development approval, Council on 24 August 2005 decided to:
A. Approve a change to Conditions 1 and 121;
B. Include 2 additional conditions;
C. Issue a Compiled Decision Notice.
In relation to the request to make a change to the existing approval, Council on 1 July 2010 decided
to:
A. Approve a change to the development approval with changes to Conditions 1, 5, 10, 77, 78,
81, 82, 83, 84, 85, 86 & 110 and Advisory Notes 7 & 8.
B. Include additional Condition 133.
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2003/220653
C. Include additional Advisory Note 9.
D. Extend the relevant period until 4 November 2011.
E. Issue a Change to an Existing Approval.
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and as
may be amended by these conditions.
Plan No. Rev. Plan / Document Name Drawn By Date
A-WD-1-1-01 G MASTERPLAN VILLA LOWER LEVEL DBI Design Pty Ltd Sep 2008
A-WD-1-1-02 G MASTERPLAN BASEMENT LEVEL + UPPER DBI Design Pty Ltd Sep 2008
VILLA LEVEL
A-WD-1-1-03 H MASTERPLAN LEVEL 1 GROUND DBI Design Pty Ltd Sep 2008
A-WD-1-1-04 G MASTERPLAN LEVEL 2 DBI Design Pty Ltd Sep 2008
A-WD-1-1-05 G MASTERPLAN LEVEL 3 DBI Design Pty Ltd Sep 2008
A-WD-1-1-06 G MASTERPLAN LEVEL 4 DBI Design Pty Ltd Sep 2008
A-WD-1-1-07 G MASTERPLAN ROOF PLAN DBI Design Pty Ltd Sep 2008
A-WD-2-1-10 L LOT 7 – BASEMENT FLOOR PLAN DBI Design Pty Ltd Sep 2008
A-WD-2-1-11 K LOT 7 – LEVEL 1 GROUND FLOOR PLAN DBI Design Pty Ltd Sep 2008
A-WD-2-1-12 K LOT 7 – LEVEL 2 FLOOR PLAN DBI Design Pty Ltd Sep 2008
A-WD-2-1-13 K LOT 7 – LEVEL 3 FLOOR PLAN DBI Design Pty Ltd Sep 2008
A-WD-2-1-14 K LOT 7 – LEVEL 4 FLOOR PLAN DBI Design Pty Ltd Sep 2008
A-WD-2-1-15 K LOT 7 – ROOF PLAN FINISHED DBI Design Pty Ltd Sep 2008
A-WD-3-1-01 F LOT 7 ELEVATION – SHEET 1 SOUTH and DBI Design Pty Ltd Sep 2008
WEST ELEVATION
A-WD-3-1-02 F LOT 7 ELEVATION – SHEET 2 NORHT and DBI Design Pty Ltd Sep 2008
EAST ELEVATION
A-WD-6-1-01 C GYM - LOT 7 PLAN, ROOF AND R.CP DBI Design Pty Ltd Sep 2008
PLANS
A-WD-6-1-02 C GYM - LOT 7 ELEVATION AND SECTIONS DBI Design Pty Ltd Sep 2008
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2. 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.
3. The open space and setback areas within the area of the site able to be developed excluding
the area of the site included on the Future Urban zone, are to be landscaped in accordance
with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan.
Such landscaping is to be completed prior to the premises being occupied and maintained at
all times thereafter and shall include:
3.1 retention of existing trees within the side and front setback areas, except where their
removal would be necessary as a result of approved building or operational works;
3.2 retention of existing trees between the building and the area of the site identified as
Open Space Conservation & Waterway on Drawing No. 881228/E, titled ‘Metes &
Bounds Plan for Private Open Space for Conservation and Waterways Protection on
Residential High Density (RHD) and dated 30 June 2004, except where their removal
would be necessary as a result of approved building or operational works or the
requirements of the Bushfire Management Plan; and
3.3 incorporation of koala and glossy black cockatoo food trees.
4. Any fencing provided in conjunction with the development is to be setback at least 1 metre
from the road frontage with at least half of any fence setback 2 metres. Dense landscaping is
to be provided between the road frontage and any fencing.
5. The natural ground shall be reinstated around the lower level of the buildings to minimise their
visual bulk, as indicated on the approved plans.
6. Existing trees on the site and within road reserves are to be retained except where required to
be removed due to building operations, requirements of the Bushfire Management Plan & the
Ecological Restoration Plan or the conduct of the approved use.
7. Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
8. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 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.
9. 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.
10. This Development Permit for a material change of use lapses if the use has not happened by 4
November 2011, unless an application to extend the relevant period is approved by Council.
11. 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.
12. 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). All tap ware and shower roses shall not exceed a maximum flow
of 9 litres per min. Dishwashers, baths, spa baths and washing machines are excluded from
this requirement.
Environmental
13. The development over the subject site shall comply with the following:
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13.1 All necessary stormwater, erosion and sediment and water quality management and
control devices shall be located within the development precinct. That is, areas shown
as ‘Selective Clearing’ on the Vegetation Clearing Plan dated 23.7.04.
13.2 No clearing or removal of native vegetation (other than that specified in the Ecological
Restoration Plan) shall be undertaken within the area of ‘Retained and Enhanced
Vegetation’ shown on the Vegetation Clearing Plan dated 23.7.04.
13.3 The building set back line between the ‘Private Open Space for Conservation &
Waterways Protection’ area and any development on proposed Lot 7 of the Residential
High Density Development shall be 6.0 metres, apart from accessible open decks and
balconies which shall maintain a setback of 3.0 metres.
Management Plans
14. The Applicant shall prepare various management plans that relate to the design, construction
and operational phases of the development. These plans are to be prepared by appropriately
qualified persons to the reasonable satisfaction of Council prior to any further approvals being
issued, unless any other condition herein or in a subsequent development permit require
otherwise.
The plans are to provide specific matters detailed in the conditions of this approval. The plans
to be submitted include:
14.1 Environmental Management Plan
14.2 Ecological Restoration Plan and Specifications
14.3 Fauna Management Plan
14.4 Fire Management Plan
14.5 Construction Management Plan (including Traffic Management Plan)
14.6 Sediment and Erosion Control Plan
14.7 Stormwater and Water Quality Management Plan
14.8 Acid Sulphate Soils Management Plan
Fees Payable
15. The Applicant shall pay Council all reasonable costs for the assessment of the management
plans and also the costs associated with ensuring the development complies with the
requirements of this approval. These costs shall be limited to a maximum of $30,000 including
the cost of external consultants should they be required.
16. The further approvals required to allow development to occur shall be subject to the fees
contained in Council’s Fees and Charges Schedule.
Environmental Covenant
17. An environmental covenant as defined by Part 6, Division 4a of the Land Title Act 1994, shall
be registered in favour of Council on the title of proposed Lot 7 having an area described by
metes and bounds on Drawing No. 881128/E M & B dated 30/06/04, described as Private
Open Space Conservation & Waterway Protection area.
18. The environmental covenant shall cater for the requirements of the conditions of approval by
protecting vegetation described as the ‘Retained and Enhanced Vegetation’ as shown on the
Vegetation Clearing Plan dated 23 July 2004.
Private Open Space for Conservation & Waterways Protection
19. The area of the site known as the ‘Private Open Space for Conservation & Waterway
Protection’ area on Drawing No. 881128/E M & B and dated 30/06/04 shall be:
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19.1 Managed to protect and reinforce its environmental values, particularly its Koala habitat
and corridor values, Glossy Black Cockatoo habitat values, scenic amenity values and
water quality protection function.
19.2 Managed and maintained in accordance with the approved Environmental Management
Plan, Fauna Management Plan, Fire Management Plans and Ecological Restoration
Plan.
19.3 Separated from adjacent development by a 1.2 m high fence. The fence shall be ‘fauna-
friendly’ but shall deter unauthorized people from entering the area. A suitably located
lockable gate may be provided to allow appropriate access by authorised personnel
subject to the reasonable satisfaction of the Manager – Land Use.
19.4 Have signs placed on the fence to inform people that the ‘Private Open Space for
Conservation & Waterways Protection’ area is for conservation and waterway protection
purposes and access is prohibited.
19.5 Maintained by authorized people only permitted in this area as appointed by the owner
responsible for the management and protection of the ‘Private Open Space for
Conservation & Waterways Protection’.
19.6 Protected from infrastructure, tracks, drainage, water control devices, etc. or other
development.
19.7 Protected so that native trees and vegetation are not removed, pruned, lopped,
damaged or otherwise adversely affected without written approval from Council’s
Manager – Environmental Services.
19.8 The ‘Private Open Space for Conservation & Waterways Protection’ area shall be
restored and managed in accordance with the Ecological Restoration Plan.
Vegetation Removal, Disposal and Protection in the Development Area
20. Vegetation protection, removal and disposal within the development area shall be undertaken
in general accordance with the Fauna Management Plan by James Warren & Associates
(dated May 2003) and the Vegetation Management Plan by Greening Australia (dated May
2003).
21. Vegetation removal, tree felling and lopping shall be undertaken in an environmentally
sensitive manner to avoid damaging surrounding vegetation, trees and habitat.
22. Prior to felling or lopping all trees are to be checked for wildlife (eg. koalas, cockatoos,
possums). If wildlife species are present, the tree shall not be felled or lopped until the wildlife
has left the tree.
23. All cleared vegetation shall be suitably processed or removed from the site by a method
approved by Council.
24. Environmental weed species cleared from the site shall not be mulched. Vegetation material
from environmental weed species shall be removed from the site and disposed of in a Council
approved refuse tip.
25. Burning off is not considered an acceptable means of disposal and is not to take place.
26. During construction, the boundaries of areas of retained and protected vegetation shall be
clearly marked for the purpose of preventing access into these areas thereby protecting the
vegetation and habitat values.
27. All underground services, drainage, footpaths, bikepaths, roads and other site works shall be
located to minimize adverse impacts on retained vegetation, particularly their root system.
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28. Vegetation and individual trees retained in the development area shall be healthy and vigorous
with an expected life span of at least 50 years. A risk assessment by a qualified arborist shall
be undertaken on all individual trees and stands of vegetation to be retained within the
development area. An arborist’s written report shall be included in the relevant Operational
Works applications.
29. Prior to the commencement of any works on site a photographic survey of the existing
vegetation within the escarpment area (the area of the site zoned Non-Urban) shall be
undertaken and submitted to Council. Following the completion of all ecological restoration
works a further photographic survey shall be undertaken annually and submitted to Council as
evidence of the vegetation that is to be protected on site.
Koalas and Koala Habitat Protection
30. Koalas and their habitat require special protection and particular consideration shall be given
to:
30.1 The protection and restoration of koala habitat, habitat linkages and corridors on the site
as shown on Figure 7 by Environmental Science and Services, dated October 2003.
30.2 The protection and restoration of existing and new vegetation to facilitate Koala
movement throughout the entire site.
30.3 The protection of Koalas during the construction and operation phases of the
development.
30.4 The planting of additional koala food and habitat tree species as part of the landscaping
in the development area.
31. Known Koala habitat trees within development precincts shall be protected unless specific
approval exists for their removal or lopping, or their removal or lopping would be necessary as
a result of approved operational or building works.
32. Rehabilitation/re-establishment of the Koala habitat and habitat links shown in Figure 7 by
Environment Science & Services dated October 2003 within the site shall be given priority in
the Ecological Restoration Plan and the landscaping plans for the development area of the
site.
33. All swimming pools provided for by any development shall have a rope installed to allow
Koalas to exit the pool.
Glossy Black Cockatoos and their protection
34. Glossy Black Cockatoos and their habitats require special protection and particular
consideration shall be given to:
34.1 The protection and restoration of Glossy Black Cockatoo habitat on the site.
34.2 The protection of Glossy Black Cockatoos during the construction and operation phases
of the development.
34.3 The planting of additional Glossy Black Cockatoo food and habitat tree species as part of
the landscaping in the development precincts.
34.4 Rehabilitation/re-establishment of Glossy Black Cockatoo habitat within the development
precincts shall be given priority in the Landscape Master Plan.
34.5 Nesting boxes for cockatoos shall be installed on trees.
Weed and Pest Species Control
35. Weed control shall be undertaken in general accordance with the Vegetation Analysis Report,
dated December 2002, prepared by Greening Australia.
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36. All plants listed as environmental weeds by the Queensland Herbarium or listed as
Undesirable Plant Species by Noosa Council shall be removed and/or treated as per condition
35.
37. Prior to entering the site, all construction machinery and vehicles shall be washed down to
remove soil that may contain weed seeds, soil pathogens and pest species.
38. All nursery stock shall be weed, pest and disease free and certified as such by the supplier.
The certificates are to be obtained prior to the commencement of any landscaping works on
site and shall be made available to Council upon request.
39. All mulch produced on site by mulching cleared vegetation and trees shall specifically exclude
material (particularly seeds) from environmental weed species (eg. lantana, asparagus and
umbrella trees).
40. Soil disturbance shall be kept to a minimum to avoid weed proliferation.
41. The eradication and control of environmental weeds will be an integral part of both the
Ecological Restoration Plan and any landscaping plans for the development. Vegetation used
in restoration work and landscaping shall exclude environmental weed species.
Ecological Restoration Plan and Specifications
42. An Ecological Restoration Plan and Specifications shall be prepared by a specialist restoration
ecologist, to the reasonable satisfaction of the Council. The applicant shall implement the Plan
and Specifications. It shall identify all the areas designated as ‘retained and enhanced’
vegetation that require ecological restoration and specify actions and works necessary to
result in robust, self-sustaining viable plant communities and habitat. (Note: The dense she-
oak and wattle areas are a stalled seral stage of a Eucalyptus and Callitris open forest. These
areas need special management to ‘kick-start’ the natural regeneration processes and enable
the vegetation to develop into self-sustaining open forests. It is not just a matter of removing
weeds and planting some trees.). The following, inter alia, shall be addressed and included in
the Plan and Specifications:
42.1 Document the current status of the areas requiring ecological restoration in terms of
structure, floristics, missing elements, health, vigour, etc.
42.2 Formulate structural and floristic models for the plant communities requiring ecological
restoration.
42.3 Specify the required works and actions for each area in terms of:
site preparation (this may include thinning, removal of dense leaf litter, weed
removal and control, etc.),
establishment of the missing floristic and structural elements,
habitat creation and reinforcement for native fauna and reinforcement of habitat
linkages and corridors,
creating opportunities for regeneration from the seed bed, natural recruitment and
the establishment of wildlings,
planting and mulching procedures,
fertilizing procedures noting the low nutrient status of these ecosystems,
watering procedures,
protection from wildfire, particularly during the establishment phase,
erosion and sediment control,
on-going maintenance,
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environmental safeguards, and
incorporation of the relevant requirements of all the management plans required
by this approval, particularly the Fauna Management Plan, Fire Management
Plan, and the Environmental Management Plan.
43. The Ecological Restoration Plan and Specifications shall include all parts of the site
designated as ‘Retained and Enhanced Vegetation’. This area is shown in green on the
Vegetation Clearing Plan dated 23.7.04.
Fauna Management Plan
44. A Fauna Management Plan shall be prepared to the reasonable satisfaction of the Council and
shall be implemented by the applicant. The Fauna Management Plan shall be generally in
accordance with James Warren’s & Associates Fauna Management Plan dated May 2003.
45. The Fauna Management Plan shall specify the numbers and types of forage and habitat trees
(particularly for Koalas and Glossy Black Cockatoos) to be planted in the ‘retained and
enhanced’ vegetation area shown on the Vegetation Clearing Plan dated 23.7.04. Particular
attention shall be paid to the following areas:
45.1 Planting of Allocasuarina littoralis (for Glossy Black Cockatoos) also appropriate hollow
developing trees throughout all areas of retained vegetation and areas to be
rehabilitated.
45.2 The ‘Private Open Space for Conservation & Waterways Protection’ area within
proposed Lot 7. Nesting boxes of a range of sizes shall be installed in nominated trees.
The number, type, size, location and purpose of the nesting boxes is to be specified.
The manner in which these nesting boxes are to be maintained shall be specified.
46. No cats and dogs shall be permitted on the subject land either during construction or by
owners of any premises unless kept in purpose-built cat or dog runs (eg. large caged or fenced
areas).
Fire Management Plan
47. A Fire Management Plan shall be prepared, to the reasonable satisfaction of the Council, for
the subject land and shall be implemented by the owner.
48. The Fire Management Plan shall address:
48.1 Fire management and protection within the site.
48.2 Bushfire management and control in all the area of Retained and Enhanced Vegetation.
49. The Bushfire Management component of the Fire Management Plan shall be generally in
accordance with the Bushfire Management Plan prepared by Greening Australia Queensland,
dated May 2003. It shall incorporate recommendations for fuel reduction other than by fire.
Further the Fire Management Plan will address provision of some fire hydrants on the
proposed firebreaks on the adjoining land, as required.
50. The Fire Management Plan is to be implemented by the Developer and future owners of the
site and is to be referenced in any community management statement(s).
51. The Fire Management Plan shall demonstrate a high level of environmental care and
responsibility and be consistent with best practice for developments of this type in similar
environments.
52. Fire hydrants shall be supplied and located at the boundary of the development at the point
where they abut or include areas of native vegetation.
53. The Fire Management Plan for the developed areas shall address, inter alia, the following:
setback zones from retained native vegetation;
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access between structures and vegetated areas;
proposed building construction methods, materials and designs to reduce fire risks;
gutter treatments to avoid the collection of leaves and other fire-prone material;
location of fire hydrants and water points;
access for fire fighters and emergency workers;
fire suppression and evacuation procedures;
landscaping measures to reduce fire risk;
owners and operators training and responsibilities;
implementation procedures.
54. The Fire Management Plan shall meet the provisions of the Queensland Fire and Rescue
Authority Act 1990 and shall be endorsed by the Queensland Fire & Rescue Authority.
55. The Applicant shall provide a bushfire information kit to the body corporate manager. The
bushfire information kit shall be submitted to Council for approval as part of the Fire
Management Plan.
56. The Fire Management Plan shall incorporate all the relevant requirements of, and be
consistent with, all the other management plans required by this approval.
Environmental Management Plan
57. An Environmental Management Plan (EMP) shall be prepared and implemented to ensure that
the impact of the development on the environment is minimised and that the environmental
values of the site are protected and enhanced. The EMP is to:
57.1 Comply with AS14000.
57.2 Demonstrate a high level of environmental care and responsibility and be consistent with
best practice for developments of this type in similar environments.
57.3 Detail the developer’s environmental policy and the proposed environmental
management system for the site.
58. The Environmental Management Plan shall specify to the reasonable satisfaction of Council:
the performance targets, including those derived from the conditions and other requirements
arising from legislation and other approvals;
how the performance targets are to be achieved;
when the performance targets will be satisfied;
how performance will be monitored;
corrective actions and contingency measures to be undertaken;
reporting arrangements (including monthly reports to Council during construction);
auditing arrangements;
how the requirements are to be incorporated into construction and works contracts;
how the developers employees, contractors and the contractor’s employees will be
informed and trained with respect to the environmental protection requirements;
enforcement; and
penalties for non-compliance.
59. The EMP shall apply to all works and activities on the site and the adjacent road reserve.
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60. In particular, but without limitation, the EMP shall address the following issues in relation to the
construction and operational phases of the development:
legislative compliance;
vegetation protection;
fauna and fauna habitat protection;
aquatic ecosystem protection;
weed control;
pest control (particularly mosquitoes)
soil erosion and sediment control;
water quality protection;
groundwater protection;
air quality protection;
acid sulphate soil management;
storage and handling of hazardous substances;
noise and vibration management;
waste management;
cultural heritage management;
visual amenity protection;
bushfire control;
environmental emergencies;
community liaison.
61. The Environmental Management Plan shall incorporate the requirement for monthly
environmental compliance monitoring and annual audit reports to be submitted to Council for
the construction stages of the development. The format and content of these reports shall be
in hard copy and digital form, generally in accordance with the following:
61.1 Include tables of the monitoring results (digital form should be in Excel).
61.2 Include individual charts plotting the results for all parameters required in the
monitoring.
61.3 Include a brief written discussion of the results and recommend any necessary
actions.
62. The Applicant and all future owners of the site shall comply with the EMP and compliance with
the EMP shall be referenced in any community management statement for any group title
development over the site.
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Sediment and Erosion Control Plan
63. Detailed staged Sediment and Erosion Control Plans shall be prepared for the site, to the
reasonable satisfaction of Council and implemented by the owner. The Plans shall be in
accordance with the Institution of Engineers Australia ‘Engineering Guidelines for Queensland
Soil and Sediment Control’ (June 1996) and in particular using Checklist No. 3 from that
document. The Sediment and Erosion Control Plans shall cover all development on site
(during the construction, establishment and operational phases), ecological restoration and
remediation works. 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.
64. The Sediment and Erosion Control Plans shall also apply to the area of ‘Retained and
Enhanced Vegetation’ shown on the Vegetation Clearing Plan dated 23.7.04, and shall:
- identify existing erosion problems, and
- specify appropriate remedial actions.
65. All necessary erosion and sediment control devices shall be incorporated within the
development area of the site. That is the area shown as ‘Selective Clearing’ on the
Vegetation Clearing Plan dated 23.7.04.
Stormwater and Water Quality Management Plan
66. A Stormwater and Water Quality Management Plan for the site shall be prepared to the
reasonable satisfaction of Council and implemented by the owner.
67. The Stormwater and Water Quality Management Plan shall take into account matters specified
in section 19.4 of the Environmental Protection (Water) Policy 1997.
68. Key water quality objectives to be reflected in the Stormwater and Water Quality Management
Plan are for the protection of aquatic ecosystems in the waterways, wetlands and wet
heathlands of the site and the receiving waters of Noosa Inlet and the Noosa River. The low
nutrient and pH environment of the wetlands and wet heathlands of the site are the key factors
in determining appropriate performance targets. Specifically, water quality objectives shall
include the following performance targets, subject to the constraints of the catchments external
to the site:
- Total nitrogen levels – 0.34 mg/l
- Total phosphorous levels – 0.035 mg/l
- pH – 4 to 5.
69. The Stormwater and Water Quality Management Plan shall comply with and address, inter
alia, the following issues in relation to the construction, establishment and operation phases of
the development:
69.1 All necessary stormwater treatment and water quality devices associated with the
development shall be located within the approved boundaries of the site.
69.2 During the construction phase, monthly water quality monitoring and monitoring after
significant rainfall events (at least two per year) shall be undertaken for:
suspended solids and turbidity,
temperature,
salinity,
total nitrogen,
total phosphorous,
pH,
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trash and gross pollutants, and
dissolved oxygen.
69.3 During the establishment and operation phases, water quality monitoring shall be
undertaken every third month and monitoring after significant rainfall events (at least two
per year) shall be undertaken for:
total nitrogen,
total phosphorous,
suspended solids and turbidity,
pH,
salinity,
temperature,
dissolved oxygen,
trash and gross pollutants,
algal count and identification, and
faecal coliforms.
70. The Developer shall continue this water quality monitoring for a period of 3 years from
completion of the final stage of construction.
71. In addition, the Developer shall undertake inspections for erosion and deposition, the build-up
of trash and gross pollutants, and other water pollution. These inspections will be carried out
every third month as well as after significant rainfall events, for a period of 3 years from
completion of the final stage of construction.
72. An operational phase Water Quality Management Plan shall be prepared to the reasonable
satisfaction of Council and address water quality performance targets, water treatment
devices, water quality maintenance, requirements for stormwater management measures and
devices, contingency measures for aquatic plant growth, loss of vegetation in swales and filter
strips, pollution response and algal blooms. It shall also include a mosquito management
strategy. The plan shall demonstrate compliance with the prescribed water quality objectives.
72.1 Responsibilities shall be clearly delineated.
72.2 Non-compliance with prescribed water quality standards will trigger the implementation
of measures to rectify the problem(s).
72.3 Reports on monitoring, incidents, corrective action and plan updates shall be submitted
to Council every three (3) months with Council being notified if any incident is recorded.
These reports shall include information collected during the monthly monitoring
program, shall highlight any non-standard results, and be submitted in a form
acceptable to Council. The format and content of these reports shall be in hard copy
and digital form, generally in accordance with the following:
including tables of the monitoring results (digital form should be in Excel);
include individual charts plotting the results for all parameters required in the
monitoring (digital form should be in Excel);
include a brief written discussion of the results and recommend any necessary
actions.
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Water Quality Devices
73. Water quality control devices shall be installed generally in accordance with the Stormwater
and Water Quality Management Plan. Detailed staging plans and specifications, based on and
generally in accordance with the Plan shall be prepared and submitted (after consultation with
officers of the Council) with the relevant applications for operational works.
Drainage Works
74. The Developer shall complete the drainage works progressively in conjunction with
development of the site and generally in accordance with the approved Stormwater and Water
Quality Management Plan. Detailed drainage plans and specifications, based on and
generally in accordance with the approved Drainage Plan, the EMP and these Conditions,
shall be prepared and submitted (after consultation with officers of the Council) with the
relevant applications for operational works.
75. All drainage works as required by the Drainage Plan shall be provided by the Developer at its
own cost.
76. A holding tank shall be provided on site with a capacity to hold at least 20,000 l for the
purposes of providing a water supply for non-potable uses such as landscaping.
Land Development
Vehicle Access
77. A 5.5 metre wide concrete crossover driveway shall be constructed from Serenity Close
generally in accordance with Council’s Standard Drawing R-0051.
78. 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 level difference. Should any driveways be
constructed to grades that do not comply with Council’s Standards or AS/NZS 2890.1-2004,
Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred
to have the footpath continue at a constant grade to minimise the potential for pedestrians to
trip or fall.
79. All vehicles shall enter and leave the site in a forward direction.
80. Full engineering details of the proposed driveway and carparking area shall be submitted for
approval prior to obtaining a Development Permit for Operational Works.
Internal Driveways
81. The development shall have an internal driveway that complies with the width requirements as
set out in AS/NZS 2890.1-2004.
Service Bay
82. One of the carparking spaces towards the frontage of the development shall be used as a
shared service bay for small delivery/maintenance vehicles. This space shall be clearly line-
marked and sign posted for use by Service Vehicles between the hours of 6am to 6pm.
Outside of the specified hours the space could be used as a standard visitor space.
Carparking
83. Carparking shall be provided within the site as generally shown on drawing number A-WD-2-1-
10 M dated September 2008 by DBI Design, except as modified herein.
84. A minimum of 38 carpark spaces shall be provided on site, comprising:
84.1 36 covered carpark spaces (within the basement), consisting of 18 resident spaces and
18 visitor spaces (including 1 disabled space),
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84.2 Two (2) uncovered carpark spaces (towards the frontage of the development).
85. All carparking areas shall be designed to comply with the provisions of AS/NZS 2890.1-2004
and AS/NZS 2890.6:2009 with a minimum head clearance (headroom) at any point of 2.2m on
the vehicle paths and 2.5m within disabled spaces and adjacent shared areas.
86. All carpark spaces shall be clearly defined by line marking each space and by providing
appropriate signage defining the space usage purpose as indicated on plan number A-WD-2-
1-10 M dated September 2008 by DBI Design. To this extent:
86.1 One (1) of the single carpark spaces within the basement must be line-marked and
signed specifically as a disabled carparking space.
86.2 The tandem carpark spaces within the basement must be line-marked and signed so
that visitors can only park behind the car parking space assigned to the resident that
they are visiting.
86.3 One (1) of the uncovered carpark spaces (towards the frontage of the development)
must be line-marked and signed specifically as a disabled carparking space.
86.4 One (1) of the uncovered carpark spaces (towards the frontage of the development)
must be line-marked and signed specifically for “Service Vehicles” between the hours of
6am to 6pm.
86.5 The uncovered carpark spaces (towards the frontage of the development) must be line-
marked and signed specifically for “Visitor Parking Only”.
86.6 All carparking spaces as defined shall remain as parking spaces and are not to be
converted to storage or enclosed.
The requirements of this condition are to be included in the Community Management
Statement for the development.
87. Access to the visitor car parking in the basement shall be controlled via an intercom system,
which ensures that these spaces are available to visitors.
88. A small sign shall be installed within the site (in a clearly visible location for all vehicles to see
near the entry gates) to advise visitors that visitor car parking spaces are provided within the
basement carpark and to use the intercom system to contact the manager or the unit they are
visiting to enable entry to the basement and to these spaces.
Vegetation Protection
89. All trees to be retained shall be clearly defined on all drawings and clearly marked on site to
prevent any damage occurring to these trees.
90. Any works required within the drip zone of any trees to be retained shall be carried out by
hand, not by machinery.
91. The internal driveway (or any other form of hard pavement for that matter) within the drip zone
of any trees on site to be retained shall be designed to allow the flow of water through the
pavement or be designed to direct stormwater runoff to the trees root system. To this extent
the uncovered visitor spaces towards the frontage of the development may be able to
incorporate Grass Rings or a similar device that allows water penetration.
92. All pavements shall be constructed so as not to damage the root system of any trees to be
retained and in this regard temporary fencing shall be provided around the trees during
construction to help protect them.
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93. Plans shall be submitted to the Council for approval that clearly show the type and extent of
pavements proposed, how they comply with the above conditions and also illustrating any
temporary fencing to protect the trees prior to obtaining a Development Permit for Operational
Works.
Frontage Works
94. Footpath improvements such as topsoiling, grassing, and tree planting are required to the
Serenity Close frontage of the site (if not already provided) in accordance with Planning
Scheme Policy PSP1 Landscaping Guidelines. Grass shall be couch, free of weeds.
95. A new 1.5 metre wide concrete path shall be constructed along the Serenity Close frontage of
the site (if not already provided) in accordance with Council’s design standards and to an
alignment that protects any significant vegetation or any underground services.
96. All paths shall be designed and constructed to ensure pedestrian safety using non-slip
materials and to produce an evenly graded surface finish.
Stormwater Drainage
97. A stormwater management plan shall be prepared by a RPEQ, specialising in stormwater and
water quality management incorporating the principles of the Environmental Management Plan
for the Settlers Cove Development 23118 DA, that demonstrates water reuse strategies,
infrastructure capacity and effective treatment methodology. The use of rainwater harvesting
tanks for irrigation purposes shall be incorporated in the overall design plans. These plans
shall be submitted to Council for approval prior to obtaining a Development Permit for
Operational Works.
98. All stormwater drainage shall be collected on site and discharged so there is no net increase in
stormwater runoff from the site.
99. On site swale drains will be required to capture and direct any overland stormwater runoff to
the Infiltration Pits proposed on site. These swales shall be sized to carry a 3-month storm
event and plans detailing their capacity, location, length, width and grades shall be submitted
to Council for approval.
100. To ensure polluted run-off does not enter any of the proposed Infiltration Pits, and ultimately
the water table, stormwater run-off from the carparking areas and the driveways shall have the
first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor (or similar
device) provided on site prior to discharging into the infiltration pits.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
arrestors, which shall be submitted to the Council for approval prior to obtaining a
Development Permit for Operational Works.
All other clean stormwater, such as roof water, can be collected on site and discharged directly
into the infiltration pits, bypassing the grease/oil arrestor.
A Development Permit for Building Works shall not be granted until a Development Permit or
Operational Works has been issued in regard to the drainage scheme.
101. All site stormwater drainage shall be by means of a gravity system.
102. Plans of the entire on site drainage design shall be prepared by a Registered Professional Civil
Engineer and submitted to Council prior to obtaining a Development Permit for Operational
Works.
Sewer Mains
103. The site shall be connected to Council’s existing sewerage reticulation systems and be
constructed in accordance with Council’s standards and requirements at no cost to Council.
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Town Water Supply
104. 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.
105. Each water connection to the water reticulation system shall extend to the property boundary
and be metered. Where multiple units are served by a single service, multiple water meters to
each individual unit and for the body corporate shall be installed. All fees for the supply of
water meters shall be paid to the Council.
Service Easements
106. All existing and proposed easements within the site shall be shown on the plans submitted for
Operational Works / Building Works approval.
107. Registered easements shall be created over any Council service within the subject site in
accordance with Council’s requirements (if not already created) and at no cost to Council.
The Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that
the Title Deed and the easement documents will be lodged at the Land Titles Office and any
additional Titles Office forms or requisitions requiring the consent of Council will be attended to
promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the
use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
Earthworks
108. Plans and details outlining the extent of earthworks required on site and any trees to be
retained shall be submitted to Council for approval prior to obtaining a Development Permit for
Operational Works.
109. All major excavations (including the basement and driveways) shall be shored to prevent
batters extending into areas and vegetation that are to be retained. All trees to be retained
should be adequately tagged to Council’s satisfaction and enclosed with a barrier fence to the
drip line to prevent damage.
110. A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site,
determine the soil classification, establish whether any measures are required to protect the
stability of adjoining buildings and/or structures and/or land, and make recommendations on
the type of foundation system(s) best suited for the proposed development. The
recommendations of this report shall be incorporated into the design and construction of the
proposed development.
111. Earthworks shall not cause the ponding of water on any adjoining lands or the blockage of, or
interference with, any natural watercourses or overland flow path.
Erosion and Sediment Control
112. 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, controlled
disposal of waste, catch drains, and temporary infiltration or sump pump-outs will be
necessary.
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.
The applicant is advised that a simple silt fence by itself is unlikely to meet the objectives of
best practice for Erosion & Sediment Control.
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Construction Issues
113. A Construction Management Plan addressing all construction phases, including traffic
management, shall be prepared and submitted to Council for approval prior to obtaining a
Development Permit for Operational Works.
The report should aim to address every foreseeable problem that could occur during the
construction process and include recommendations on how these can be overcome or
minimised. The report shall be to the reasonable satisfaction of the Manager Land
Development.
Community Management Statement Requirements
114. The Applicant and all future owners of the site shall comply with the Environmental
Management Plan (EMP) for Settlers Cove Development 23118 DA and compliance with the
EMP shall be referenced in any community management statement over the site.
115. The Fire Management Plan is to be implemented by the Developer and future owners of the
site and is to be referenced in any community management statement.
116. The owners of the allotment shall not object to the construction of a boardwalk along Noosa
Inlet beside allotment 7 for the purpose of providing public access. Any Community
Management Statement established over any allotment shall also detail that the body
corporate will not object to the provision of a boardwalk as detailed above.
General
117. A Registered Professional Engineer of Queensland shall certify engineering drawings and
specifications for all engineering works, which shall be submitted in conjunction with an
application for a Development Permit for Operational Works.
118. 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.
119. 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.
120. 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.
Building
121. To meet the needs of people across a range of abilities and ages and be adaptable for the
changing needs of people over time, at least 3 dwelling units shall include the following:
121.1 All doors to habitable rooms, kitchen, laundry and bathrooms are a minimum of
870mm wide; and
121.2 Hallways are a minimum of 1.2m wide; and
121.3 All entries into the dwelling unit and internal doorways, have no more than a 10mm
change in level, other than access to balconies where building code sill weatherseal is
to be maintained. A ramp can be retrofitted to provide access in accordance with
Australian Standards 1428.1 – 1993 Design for Access and Mobility Chapter 7
Doorways, Doors and Circulation Space at Doorways – Ramped Threshold; and
121.4 Has an accessible toilet and bathroom, complete with reinforced walls, that can be
reached along an accessible path; and
121.5 A sliding door or window, no higher than 600mm from the floor is provided in at least 1
bedroom to allow for a seated person to look out of and open and close the sliding
door or window; and
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121.6 A minimum of one power point to each habitable room is placed up from the floor
(minimum 600mm) and out from the corner (minimum 500mm) to facilitate disabled
access.
122. The following shall be complied with the development of the site:
122.1 There is to be no uncontrolled discharge of water onto the slope;
122.2 Stripping of vegetation for construction purposes should be minimised. If vegetation is
destroyed it should be reinstated immediately after construction is completed;
122.3 The recommendations of all Golder Associates Pty Ltd reports on slope stability over
the Settlers Cove site are to be adhered to for the design, construction and
supervision of the development;
122.4 Additional load due to fill, construction equipment or stockpiled materials should not be
located on the dune slope;
122.5 Vibration monitoring shall be carried out by the geotechnical engineer and appropriate
action taken should vibration effects be a concern;
122.6 A condition survey is to be carried out of adjoining buildings, structures and services
prior to any demolition works or construction works taking place on site. If distress
already exists, a photographic survey shall be undertaken, the distress measured and
a plan to monitor changes to distress shall be implemented. A copy of this report is to
be submitted to Council within 5 business days of survey and prior to construction
work proceeding;
122.7 Deleted.
122.8 A RPEQ shall be engaged by the client to oversee any piling works.
122.9 The construction of the whole of the foundations is to be carried out in accordance
with the recommendations of the applicant’s consulting Geotechnical engineer,
including any on-site supervision required by these recommendations. Such works
shall only be carried out during dry weather conditions and if there is a risk of sand
movement occurring, all work shall be suspended until such steps, approved by the
applicant’s Geotechnical engineer have been taken to ensure that no further slippage
will result.
123. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of the work confirming compliance with the
maximum building height above natural and finished surface, required by the provisions of the
Planning Scheme.
Environmental Health
124. The developer shall comply with the Refuse Management Plan Reference Ryter Planning RCU
1005.
125. The developer must provide a suitably screened imperviously paved area large enough for all
refuse and recycling containers. A wash down area is required with a cold-water tap, hose and
drain outlet connected to sewer. The drain outlet is to be designed to prevent stormwater entry
to the sewerage system.
126. Street litter bins to a design approved by Council, shall be supplied and installed at the
developers expense at agreed locations.
127. Refuse chutes must be provided, in accordance with Council’s Policy for Refuse Chutes and
Accessories in Multi Storey Buildings.
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128. Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or
located in a manner which prevents a noise nuisance beyond the subject land in accordance
with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot
fines apply for such offences.
129. Air conditioning units shall be located in a manner which prevents noise nuisance beyond the
subject land in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998 and Council’s Local Law No. 12 - Control of Nuisances. On the spot fines
apply for such offences.
An occupier of premises where there is air-conditioning equipment must not use or allow the
use of the equipment -
129.1 before 7am or after 10pm on any day if it makes noise or causes noise to be made
of more than the higher of the following -
- 40 dB(A)
- 3 dB(A) above the background noise level from 7am to 7pm on any day if it
makes noise or causes noise to be made of more than the lower of either of
the following -
- 50 dB(A)
- 5 dB(A) above the background noise level
129.2 from 7pm to 10pm on any day if it makes noise or causes noise to be made of
more than 3 dB(A) above the background noise level.
130. The area is in close proximity to vector breeding areas and the following conditions are
required.
130.1 All windows and doors shall be screened with mosquito-proof gauze not coarser
then 1mm aperture to prevent the ingress of mosquitoes. It should be noted that
these screens will not necessarily restrict the ingress of Biting Midge due to their
reduced size.
130.2 The developer is to undertake a public education/awareness program for all persons
visiting the premises on the potential health risk of and ways to prevent being bitten
by Mosquitoes and Biting Midge.
130.3 A notation shall be added to Council’s records whereby any applicant undertaking a
health/property search is advised that this premises is located near major breeding
areas of Mosquitoes and Biting Midge and may be subject to associated problems.
131. All rooftop terrace and accessway balustrades and upstands are to be constructed of open or
transparent materials.
132. The rooftop terrace shall not be covered with any fixed structure or the like.
Additional Condition - Access & Services Easement (1/7/2010)
133. An access and services easement shall be created over the proposed shared driveway that
gives access to the basement carparking of Lot 8 on SP195871 through Lot 7 on SP195871
and over any services that supply Lot 8 on SP 195871 but stand within Lot 7 on SP195871.
The easement shall be of sufficient width to encompass the whole of the driveway and any
manoeuvring area (with the width being increased where necessary to accommodate passing
lanes or to provide the specified clearances from cut/fill batters) and shall be of sufficient width
to permit maintenance and replacement of the services. The easement shall be to the benefit
Lot 8 on SP195871 and burden Lot 7 on SP195871.
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In this regard, plans submitted for Operational Works approval shall accurately show the
location of the easement.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged at the
Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of
Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the
use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
Should the subject site (Lot 7 on SP195871) be amalgamated with the adjoining site (Lot 8 on
SP195871) the requirement for the access and services easement shall not apply.
5 REFERRAL AGENCY CONDITIONS
Not applicable.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in Item 4
Assessment manager conditions, condition 1.
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities
under the Disabled Discrimination Act (DDA) in regard to the installation of disabled access
and the provision of disabled facilities, and that access to this building and the provision of
sanitary facilities may need to comply with the requirements of Section D Part D3 and Section
F Clause F2.4 of the Building Code of Australia.
2. The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from
making noise from:-
2.1. Monday to Saturday, before 7:00am or after 6:30pm
2.2. Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under these provisions.
3. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint,
cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where
it could reasonably be expected to move into a roadside gutter, stormwater drain or a water
course. On the spot fines apply for such offences.
4. 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 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.
5. A Registered Professional Engineer of Queensland shall certify engineering drawings and
specifications for all engineering works, which shall be submitted in conjunction with an
application for a Development Permit for Operational Works.
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6. All designs for engineering works involving the construction of pavements, kerb and channel,
vehicular access, footpaths, turnouts, stormwater drainage, water supply or sewerage
reticulation shall be prepared in accordance with the requirements of Council's Engineering
Design Standards, shall reference where applicable to Council’s Standard Drawings and shall
incorporate best engineering practice.
7. The applicant is informed that this development permit will trigger a revised Infrastructure
Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for
the estimated amount of $38,706.00 and is subject to variations in the Consumer Price Index,
All Groups Brisbane from March 2010 until the date of payment. An Infrastructure Charge
Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
8. Please contact Council's Infrastructure Charges Officer (email:
[email protected]) a minimum of 5 business days prior to payment of the
infrastructure contributions and/or charge notice so a payment advice detailing the amounts
applicable at the time of payment may be issued to accompany the payment.
Additional Advisory Note (1/7/2010)
9. 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 Approved
Existing Quantity
Use / Use Quantity
Vacant Land
(credit for 1
Multiple Housing -
Detached House 20 x 3 Bedroom
Detached House Type 4 –
per Lot Units
Conventional
Reconfiguration
23118 DA)
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable.
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.
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10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works Multiple Dwelling (20 Dwelling Units)
Development Permit for Operational Landscaping, car parking and access, frontage
Works works, stormwater disposal, sediment and erosion
controls filling of the site, roadworks, sewer
reticulation (including new mains, relocations,
diversions, pump stations and rising mains), water
reticulation, earthworks;
11 SELF ASSESSABLE CODES
Not applicable.
12 SUBMISSIONS
Not applicable.
13 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
14 OTHER DETAILS
Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice is attached in compliance with Chapter 5 of the Integrated Planning Act
1997.
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Decision Notice History
4 November 2004 Original Decision Notice
24 August 2005 Compiled Decision Notice
1 July 2010 Approved Change to Conditions
1,5,10,77,78,81,82,83,84,85,86 &
110 and Advisory Notes 7 & 8,
addition of Condition 133 &
Advisory Notes 9 and extend the
relevant period
Yours faithfully,
Denis Wallace
Senior Development Planner
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
for the application are not available against the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications 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 its
may appeal to the court against any of the following- jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application if-
application; (a) the development application involves impact
(b) a matter stated in a development approval, including assessment; and
any condition applying to the development, and the (b) the advice agency told the applicant and the
identification of a code under section 3.1.6;1 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 relevant 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 be Appeals for matters arising after approval given
started within 20 business days (the “applicant’s appeal
(co-respondents)
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 the
(3) An appeal under subsection (1)(e) may be started
following notices have been given may appeal to the
at any time after the last day a decision on the matter
court against the decision in the notice-
should have been made.
(a) a notice giving a decision on a request for extension
Appeals by submitters
of the relevanrt period for an approval;
4.1.28.(1) A submitter for a development application may
(b) a notice giving a decision on a request to make a
appeal to the court about-
minor change to an approval.
(a) the giving of a development approval, including any
(2) The appeal must be started within 20 business
conditions (or lack of conditions) or other provisions
days after the day the notice of the decision is given to
of the approval; or
the person.
(b) the length of a relevant period for the approval.
(3) Subsection (1)(a) does not apply if the approval
(2) The appeal must be started within 20 business resulted from a development application (superseded
days (the “submitters appeal period”) after the day the planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to application under a superseded planning scheme.
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 started at
(4) If an application involves both impact assessment any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are should have been made.
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 application (no co-respondents)
are available only for the aspects of the development that 4.1.31.(1) A person to whom any of the following notices
would have required public notification under the have been given may appeal to the court against the
repealed Act. 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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2003/220653
(b) a notice under section 6.1.442 giving a decision to (c) the decision to give a preliminary approval when a
change or cancel a condition of a development development permit was applied for;
approval. (d) the length of a period mentioned in section 3.5.21
(2) The appeal must be started within 20 business relevant period;
days after the day the notice of the decision is (e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
(3) Also, a person who has made a request started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the period”) after the day the decision notice or negotiated
court against a deemed refusal of the request. decision notice is given to the applicant.
(4) An appeal under subsection (3) may be started at (3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the at any time after the last day a decision on the matter
matter should have been made. should have been made.
Appeals against decisions to change approval conditions The Registrar for the Building and Development
under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(a) the decision; or (1) This section applies to a person who has been
(b) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the
(a) whether a charge in the notice is so unreasonable
decision or the conditions applied. that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the have imposed it; or
applicant.
(b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to charges schedule or regulated State infrastructure
development applications charges schedule.
Appeals by applicants
4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) 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;3
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override local
planning instrument)
Page 24 of 24
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