Council archive · source document
SPA Decision Notice - 010.2010.00000712.001 [As Published] · 172010.712
Officer: Glen Conforti
Direct Telephone: (07) 5449 5379
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2010/712
Your Reference:
7 June 2010
SMJ Nominees Pty Ltd
CARE Kidd & Co Designers
PO Box 262
NOOSA HEADS QLD 4567
Dear Sir
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 7 June 2010 Council decided to approve the application
in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2010/712
Street address: 18 Noosa Parade NOOSA HEADS
Real property description: Lot 8 N21841
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Preliminary Approval for Building Works assessable against the Planning Scheme
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and may
be amended by these conditions and annotations on the plans.
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2010/712
Plan No. Rev. Plan Name – Prepared by Date
P.101 Perspectives – Kidd & Co No Date
WD.204 P2 Proposed First Floor – Kidd & Co 21 April 2010
WD.201 P2 Existing Ground Floor – Kidd & Co 21 April 2010
WD.203 P2 Existing First Floor – Kidd & Co 21 April 2010
WD.503 P2 Proposed Elevations – Kidd & Co 21 April 2010
WD.504 P2 Proposed Elevations – Kidd & Co 21 April 2010
Relevant Period
2. The Preliminary Approval lapses if the works have not happened by 7 June 2012, unless an
application to extend the currency is approved by Council.
Building Height
3. The building height shall not exceed 8.0 metres above the natural ground level, finished
ground level and 2 storeys.
Landscaping
4. Existing trees on the site and within road reserves shall be retained, except where required to
be removed due to building operations or the conduct of the approved use. In this regard, the
removal of vegetation shall not extend beyond 3 metres of the building footprint of the
Detached House.
5. All other vegetation shall be protected from interference resulting from clearing or construction
activities by:
5.1. Clearly marking vegetation to be retained with flagging tape;
5.2. Installing protective fencing around the drip line of the vegetation;
5.3. Stockpiling, storage and vehicle parking occurs in already cleared areas and does not
cause interference with vegetation; and
5.4. Low impact construction techniques are used around vegetation to minimise
interference with the vegetation.
6. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:
6.1. Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a
minimum of 10 metres between edges of heaps.
6.2. Disposal for firewood.
6.3. Disposal for landscaping purposes.
7. The applicant is advised that burning off is an unacceptable method of disposal.
Water Storage
8. All new hot water systems installed shall be either solar; electric heat pump; or gas (LPG or
natural).
General
9. The development shall be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood due to the creation of excessive noise, lighting
nuisance, or other emissions.
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2010/712
10. Buildings and structures (including swimming pools, sheds, tennis courts, or outbuildings) shall
not be constructed under overhead electricity transmission lines, or within any easements.
Earthworks
11. Earthworks required on site shall be carried out in accordance with Council’s Planning
Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or concentrate or direct overland flow on to an
adjoining property.
Sediment and Erosion Control
12. Sediment and erosion control measures shall be in place prior to the building works. If such
measures are not in place or are not satisfactory, ‘on the spot’ fines may be issued. Such fines
can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system or natural waterways.
5 REFERRAL AGENCY CONDITIONS
Not applicable.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan No. Rev. Plan Name – Prepared by Date
P.101 Perspectives – Kidd & Co No Date
WD.204 P2 Proposed First Floor – Kidd & Co 21 April 2010
WD.201 P2 Existing Ground Floor – Kidd & Co 21 April 2010
WD.203 P2 Existing First Floor – Kidd & Co 21 April 2010
WD.503 P2 Proposed Elevations – Kidd & Co 21 April 2010
WD.504 P2 Proposed Elevations – Kidd & Co 21 April 2010
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:
1.1. On a Sunday or public holiday, at any time; or
1.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
2. Prior to the commencement of the development, a plumbing assessment must be obtained
from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage
Act 2002 (as applicable).
For preliminary approvals, for properties located in the catchment area for the Coastal Major Road
Network Infrastructure Charges Plan, an Infrastructure Charge to be issued in accordance with the
Infrastructure Charges Plan and Chapter 8 of the “Sustainable Planning Act 2009” may be triggered
when further development permit/s is/are issued.
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2010/712
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage.” It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable.
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit All building Works
11 SELF ASSESSABLE CODES
The following codes for self-assessable development related to the development approval issued
under this Decision Notice must be complied with.
Detached House Driveways Code
12 SUBMISSIONS
Not applicable.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.
14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a “negotiated decision notice” will be
issued. Only one “negotiated decision notice” may be given. Taking this step will defer your appeal
period, which will commence again from the start the day after you receive a “negotiated decision
notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing
decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act
2009.)
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15 OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,
Glen Conforti
Planning Technical Officer
Enc: Approved Plans/Documents
Appeal Rights
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Appeal Rights
SUNSTAINABLE PLANNING ACT 2009 & SUSTAINABLE
PLANNING REGULATION 2009
<
The following is an extract from the Sustainable (ii) the length of a period mentioned in
Planning Act 2009 (Chapter 6). section 341 for the approval.
(3) However, a submitter may not appeal if the
MATERIAL CHANGE OF USE, RECONFIGURING A submitter—
LOT & OPERATIONAL WORKS
(a) withdraws the submission before the
Division 8 - Appeals to court relating to application is decided; or
development applications
(b) has given the assessment manager a
461 Appeals by applicants notice under section 339(1)(b)(ii).
(1) An applicant for a development application (4) The appeal must be started within 20
may appeal to the court against any of the business days (the submitter’s appeal
following- period) after the decision notice or
(a) the refusal, or the refusal in part, of a negotiated decision notice is given to the
development application; submitter.
(b) any condition of a development approval, 463 Additional and extended appeal rights for
another matter stated in a development submitters for particular development
approval and the identification or inclusion applications
of a code under section 242 (1) This section applies to a development
(c) the decision to give a preliminary application to which chapter 9, part 7
approval when a development permit was applies.
applied for; (2) A submitter of a properly made submission
(d) the length of a period mentioned in for the application may appeal to the court
section 341;; about a referral agency’s response made by
(e) a deemed refusal of the development a prescribed concurrence agency for the
application. application.
(3) However, the submitter may only appeal
(2) An appeal under subsection (1)(a), (b), (c) or
against a referral agency’s response to the
(d) must be started within 20 business days
extent it relates to—
(the applicant’s appeal period) after—
(a) if a decision notice or negotiated decision (a) if the prescribed concurrence agency is
notice is given—the day the decision the chief executive (environment)—
notice or negotiated decision notice is development for an aquacultural ERA; or
given to the applicant; or (b) if the prescribed concurrence agency is
(b) otherwise—the day a decision notice was the chief executive (fisheries)—
required to be given to the applicant. development that is—
(3) An appeal under subsection (1)(e) may be (i) a material change of use of
started at any time after the last day a premises for aquaculture; or
decision on the matter should have been (ii) operational work that is the removal,
made. damage or destruction of a marine
plant
462 Appeals by submitters - general
(4) Despite section 462(1), the submitter may
(1) A submitter for a development application
appeal against the following matters for the
may appeal to the court only against-
application even if the matters relate to code
(a) the part of the approval relating to the assessment—
assessment manager’s decision about
(a) a decision about a matter mentioned in
any part of the application requiring
section 462(2) if it is a decision of the
impact assessment under section 314; or
chief executive (fisheries);
(b) the part of the approval relating to the
(b) a referral agency’s response mentioned in
assessment manager’s decision under
subsection (2).
section 327.
464 Appeals by advice agency submitters
(2) To the extent an appeal may be made under
subsection (1), the appeal may be against 1 (1) Subsection (2) applies if an advice agency, in
or more of the following— its response for an application, told the
assessment manager to treat the response
(a) the giving of a development approval; as a properly made submission.
(b) any provision of the approval including— (2) The advice agency may, within the limits of its
(i) a condition of, or lack of condition jurisdiction, appeal to the court about—
for, the approval; or
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2010/712
(a) any part of the approval relating to the 467 Appeals about changing or cancelling
assessment manager’s decision about conditions imposed by assessment
any part of the application requiring manager or concurrence agency
impact assessment under section 314; or (1) A person to whom a notice under section
(b) any part of the approval relating to the 378(9)(b) giving a decision to change or
assessment manager’s decision under cancel a condition of a development approval
section 327 has been given may appeal to the court
(3) The appeal must be started within 20 against the decision in the notice.
business days after the day the decision (2) The appeal must be started within 20
notice or negotiated decision notice is given business days after the day the notice of the
to the advice agency as a submitter. decision is given to the person.
(4) However, if the advice agency has given the For Building Works Only
assessment manager a notice under section 532 Appeals by applicants
339(1)(b)(ii), the advice agency may not
appeal the decision. (1) If—
465 Appeals about decisions relating to (a) a person has been given, or is entitled to
extensions for approvals be given—
(1) For a development approval given for a (i) an information notice under the
development application, a person to whom a Building Act about a decision
notice is given under section 389, other than other than a decision under
a notice for a decision under section 386(2), that Act made by the
may appeal to the court against the decision Queensland Building Services
in the notice. Authority; or
(2) The appeal must be started within 20 (ii) an information notice under the
business days after the day the notice of the Plumbing and Drainage Act
decision is given to the person. 2002 about a decision under
part 4 or 5 of that Act; or
(3) Also, a person who has made a request
under section 383 may appeal to the court (b) a person—
against a deemed refusal of the request (i) was an applicant for a building
(4) An appeal under subsection (3) may be development approval; and r
started at any time after the last day the (ii) is dissatisfied with a decision
decision on the matter should have been under the Building Act by a
made. building certifier or referral
agency about inspection of
466 Appeals about decisions relating to
building work the subject of the
permissible changes)
approval; the person may
(1) For a development approval given for a appeal against the decision to
development application, the following a building and development
persons may appeal to the court against a committee.
decision on a request to make a permissible
(2) An appeal under subsection (1) must be
change to the approval—
started within 20 business days after the day
(a) if the responsible entity for making the the person is given notice of the decision.
change is the assessment manager for (3) If—
the application—
(a) under the Building Act, a person makes
(i) the person who made the request; an application other than a building
or development application to a local
(ii) an entity that gave a notice under government; and
section 373 or a pre-request (b) the period required under that Act for the
response notice about the request
local government to decide the
(b) if the responsible entity for making the application (the decision period) has
change is a concurrence agency for the passed; and
application—the person who made the (c) the local government has not decided
request.. the application; the person may appeal
(2) The appeal must be started within 20 to a building and development
business days after the day the person is committee against the lack of the
given notice of the decision on the request decision and for the committee to decide
under section 376. the application as if it were the local
(3) Also, a person who has made a request government.
under section 369 may appeal to the court (4) An appeal under subsection (3) must be
against a deemed refusal of the request. started within 20 business days after the end
(4) An appeal under subsection (3) may be of the decision period..
started at any time after the last day the
decision on the matter should have been
made.
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