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Decision Letter - Change to an Existing Approval - 010.2006.00000174.003 [As Published] · 142006.174.03
Officer: Ron Read
Direct Telephone: (07) 5449 5263
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2006/174
Your Reference:
16 September 2009
John Burgess Architects
PO Box 2044
BYRON BAY NSW 2481
Dear Sir
Change to an Existing Approval
Integrated Planning Act 1997
I refer to your request to make a change to an existing approval. On 16 September 2009 Council
decided your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 2006/174
Street address: 46 & 48 Seaview Terrace SUNSHINE BEACH,
Real property description: LOT: 59 RP: 81810, LOT: 60 RP: 81810, LOT: 60 SP: 215913
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 7 March 2007 decided to issue the following type of approval:-
Operational Works - Landscaping, Stormwater Disposal, Sediment & Erosion Controls,
Access, Car Parking and Excavation of the Site
In relation to the request to make a change to the existing approval, Council on 16 September 2009
decided to:
A. Approve a change to Condition 6.
B. 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.
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2006/174
4 ASSESSMENT MANAGER CONDITIONS
Land Use
1. The site is to be landscaped in accordance with Council’s Policy on Landscaping Guidelines
and the approved Plan of Development. The approved plan is titled and numbered Landscape
for Operational Works Approval, Job Number LGRR 1168, Drawing Number LA 01, Sheet 1 of
1, Issue A, prepared by Land Graphics dated December 2006 and may be amended by these
conditions.
2. All manholes, inspection pits and grates are to be raised to finished surface levels and kept
free of cover and be visible at all times to ensure prompt access in case of emergency.
3. The landscape construction is to be implemented in accordance with the amended landscape
plan, planting schedule and horticultural industry best practices.
4. All trees must be planted a minimum of 1 metre from all services.
5. This Development Permit lapses if the development has not happened by 7 March 2009,
unless application to extend the currency is approved by Council.
Land Development
6. The development shall be carried out in accordance with Engineering Drawings Nos:-
06668-C1A dated 15 December 2006 by Tod Noosa
06668-C2A dated 15 December 2006 by Tod Noosa
06668-C3A dated 15 December 2006 by Tod Noosa
06668-C4A dated 15 December 2006 by Tod Noosa
06668-C5A dated 15 December 2006 by Tod Noosa
07138-H-401 dated 4 September 2008 by Burnett Lynch MRP
07138-H-402 dated 4 September 2008 by Burnett Lynch MRP
07138-H-403 dated 4 September 2008 by Burnett Lynch MRP
06668-S20J dated August 2009 by Tod Noosa
or as modified herein.
7. Roof and surface runoff connection to internal infiltration drainage system shall be as shown
on drawing Nos. 07138-H-401,07138-H-402 & 07138-H-403 (Burnett Lynch MRP).
8. Prior to the commencement of works a Traffic Management Plan shall be submitted to Council
prior to the pre start meeting. The Traffic Management Plan shall address:-
8.1. The movement of trucks to and from the site, in particular when removing excavated
material from the site.
8.2. The provision of signage and traffic controllers, so as delays to general traffic using the
streets in the vicinity of the development are avoided.
9. Suitable sediment control devices ("in pit” pollution control devices) shall be temporarily
installed into the first existing external downstream stormwater structure.
These devices are to be checked and cleaned on a regular basis and specifically after each
rain event.
These devices are to remain in place during the civil works and construction phases of the
development.
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The location and type of device to be installed shall be established at the “pre start” meeting
with Council’s Construction Technical Officer and shall be installed prior to the
commencement of any works.
10. Council’s Construction Technical Officer – Mike Conroy (ph 0410 512 505), shall be given
seven (7) days’ notice of intention to commence works to arrange a “pre start” meeting
regarding the civil works.
11. The principal contractor must have all the appropriate insurance and public liability
documentation to carry out the works. The principal contractor is also responsible to ensure
that any sub contractors also have the appropriate insurance and public liability
documentation.
12. Prior to the “pre start” meeting, the principal contractor must be provided with a copy of
Council’s signed approved drawings and conditions by the applicant.
13. Please provide one copy (A3 size) of the approved plans and a copy of the job specifications
for Council’s Construction Technical Officer.
14. Prior to works commencing, Council is to be advised of the Engineer (RPEQ) supervising the
project. (This person will be the contact for the project).
15. Council standards shall apply to these works unless otherwise modified herein.
16. The person acting on this permit shall ensure that its consultants and contractors take all
reasonable care during the construction of the engineering works to ensure that Council
property, road pavements or facilities (such as underground drainage, water supply,
sewerage, footpaths, kerbing, landscaping, street furniture etc.) are protected against any
damage or interference whatsoever.
If any Council property or facilities should be damaged by the Applicant or any of its
Consultants or Contractors through any cause whatsoever in the course of, directly or
indirectly, carrying out the engineering works, the Applicant and/or its Contractors shall
forthwith notify the CEO and shall forthwith rectify the damage to that property or facility at its
cost and to the satisfaction of the CEO, prior to the commencement of the use or, alternatively,
the Applicant may request the Council to carry out the rectification work at the Applicant’s cost,
such cost being paid by the Applicant to the Council prior to the commencement of the use,
provided that in the case of emergency the Council shall be entitled to rectify such damage at
the cost of the Applicant, such cost being paid prior to the commencement of the use.
A management strategy to ensure no damage occurs to Council services shall be given to
Council for assessment prior to the pre start meeting.
17. The development of the site shall be carried out in such a manner as to prevent dust and/or
sand nuisance to residents and/or tenants in the vicinity of the development.
18. Construction work and other associated activities are permitted only during the hours of 7.00
am and 6.00 pm Monday to Saturday. No work is permitted on Sundays or public holidays,
except where extended hours are approved by the CEO or his nominee.
19. All signage, including that for safety during construction shall be in accordance with the
Manual of Uniform Traffic Control Devices and Traffic Infrastructure (Roads) Act.
20. Sediment and erosion control measures must be in place prior to works commencing. 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. Although the sediment and erosion control
measures have been approved on Drawing No. 06668-C5A, Council’s CEO may request
further controls to be installed should approved measures be inefficient.
21. These works are also to be in compliance with the relevant conditions of Development Permit
No. 2005/2200.
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2006/174
22. Notwithstanding that Council has checked the plans with due care, where it is found during
construction that variations from Council's standards exist, then Council standards shall apply.
5 REFERRAL AGENCY CONDITIONS
Not Applicable.
6 APPROVED PLANS
The approved plans for this development approval are listed in the following table:
Plan / Document No. Rev. Plan / Document Name Date
06668-C1A General Notes by Tod Consultants 15 December 2006
06668-C2A Earthworks Plan by Tod Consultants 15 December 2006
06668-C3A Earthworks Sections by Tod Consultants 15 December 2006
06668-C4A Driveway Plan by Tod Consultants 15 December 2006
Sediment & Erosion Control Plan by Tod
06668-C5A 15 December 2006
Consultants
07138-H-401 B Stormwater Drainage by Burnett Lynch MRP 4 September 2008
07138-H-402 B Stormwater Drainage by Burnett Lynch MRP 4 September 2008
07138-H-403 B Stormwater Drainage by Burnett Lynch MRP 4 September 2008
06668-S20 J Frontage Works Plan by Tod Noosa August 2009
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
Should any changes or modifications to the approved plans be required as a result of construction
constraints, a Change to an Existing Approval Application under the Integrated Planning Act must be
made. Amended plans clearly indicating the changes must be lodged with this application along with
the appropriate fees.
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.
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2006/174
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
Not Applicable.
11 SELF ASSESSABLE CODES
Not Applicable.
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
Integrated Planning Act 1997 is attached.
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.
Decision Notice History
7 March 2007 Original Decision Notice.
8 September 2008 - Change to Existing Approval with amendments to Conditions 6 & 7
16 September 2009 Change to Existing Approval with amendment to Condition 6
Yours faithfully
Ron Read
SENIOR ENGINEERING OFFICER
OPERATIONAL WORKS ASSESSMENT BRANCH
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2006/174
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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2006/174
(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)
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