Decision Notice - 010.2008.00000056.001 [As Published] · 142008.56

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NOOSA COUNCIL IDAS Development Application Decision Notice                                              2 of 6

10.    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                 Subject of the required Development Permit
 Nil

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                              Date:       7/02/08




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                    3 of 6




                                     Noosa Council Conditions
                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


1.     The site is to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and the
       approved plan of Development. The approved plans are titled Serenity Close Streetscape Improvement
       Strategy and numbered SK/01 and SK/02 prepared by CBD Settlers Cove and dated DEC. 2007 and may
       be amended by these conditions.

2.     All manholes, inspection pits and grates are to be raised to finish surface level 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 approved landscape plan,
       planting schedule and horticultural industry best practices.

4.     The existing street trees (Peltophorum pterocarpum) indicated in the approved plans are to be retained.

5.     Prior to the commencement of construction, all trees nominated for retention on the approved landscape
       plans shall be cordoned off with protective barricade fencing to prevent impact from stock piling of soils or
       materials, parked cars and machinery.

6.     All trees are to be planted a minimum of 1 metre from all underground services.

7.     All boulders are to be securely placed to avoid any movement.

8.     Mounding is to have a finished level that is equal to or less than the mounding height that currently exists
       on site.

9.     The type of construction material to be used for the ‘path crossover’ shown in drawing number SK/02 is
       required to be submitted to the Manager of Land Use and approved by Council, prior to works
       commencing.

10.    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.

11.    Council’s Construction Technical Officer – Mick 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 landscaping works.

12.    The person acting on this permit shall ensure that its consultants and contractors take all reasonable care
       during the construction of the landscaping 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
       landscaping works, the Applicant and/or its Contractors shall forthwith notify the Manager Land
       Development and shall forthwith rectify the damage to that property or facility at its cost and to the
       satisfaction of the Manager Land Development.
       All rectification works are to be completed within 10 business days of the completion of construction works
       or, alternatively, the Applicant may request that Council carry out the rectification work at the Applicant’s
       cost, such cost being paid by the Applicant to the Council within 10 business days of the completion of
       construction works.
       In the case of any emergency the Council shall be entitled to rectify such damage at the cost of the
       Applicant, such cost being paid within 10 business days of the completion of construction works.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                 4 of 6


13.    Prior to acceptance of landscaping works "On Maintenance", the lodgement of satisfactory “As
       Constructed” records shall be submitted to Council. Transparent copies of the design plans showing “As
       Constructed” details are required for Council’s records. Such copies will be required prior to works being
       accepted “On Maintenance”, where applicable. Requirements for “As Constructed” information are
       detailed in Council’s Engineering Design Standards Manual.

14.    The Applicant is required to maintain the works until they are accepted “Off Maintenance”, which will be 3
       years after Council accepts the works “On Maintenance”.

15.    These works are also to be in compliance with any relevant conditions or management plans approved
       with Development Permit No. 23118DA.

16.    This Development Permit lapses if the development has not happened by 6 February 2010, unless
       application to extend the currency is approved by Council.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                           5 of 6



                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

   The following is an extract from the Integrated                           (6) If an application involves assessment against
   Planning Act (Chapter 4).                                              a concurrence agency code, appeal rights for
                                                                          submitters for the application are not available
   Division 8 - Appeals to                   court      relating     to
                                                                          against the part of the approval that represents the
   development applications
                                                                          concurrence agency’s 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
   may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
   (a) the refusal, or the refusal                 in   part,   of   a    a development approval for a development
       development application;                                           application if-
   (b) a matter stated in a development approval,                         (a) the development application involves impact
       including any condition applying to the                                assessment; and
       development, and the identification of a code                      (b) the advice agency told the applicant and the
                            1
       under section 3.1.6;                                                   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 currency 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                   Appeals for matters arising after approval given
   be started within 20 business days (the “applicant’s                   (co-respondents)
   appeal 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
       (3) An appeal under subsection (1)(e) may be                       the following notices have been given may appeal to
   started at any time after the last day a decision on the               the court against the decision in the notice-
   matter should have been made.
                                                                          (a) a notice giving a decision on a request for
   Appeals by submitters                                                      extension of the currency period for an approval;
   4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
   may appeal to the court about-                                             minor change to an approval.
   (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
       any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
       provisions of the approval; or                                     to the person.
   (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
       (2) The appeal must be started within 20 business                  approval resulted from a development application
                                                                          (superseded planning scheme) that was assessed as
   days (the “submitters appeal period”) after the day
                                                                          if it were an application under a superseded planning
   the decision notice or negotiated decision notice is
                                                                          scheme.
   given to 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
      (4) If an application involves both impact
                                                                          started at any time after the last day the decision on
   assessment and code assessment, appeal rights for
                                                                          the matter should have been made.
   submitters are 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                        (no co-respondents)
   application are available only for the aspects of the
   development that would have required public                            4.1.31.(1) A person to whom any of the following
   notification under the repealed Act.                                   notices have been given may appeal to the court
                                                                          against the 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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NOOSA COUNCIL IDAS Development Application Decision Notice                                             6 of 6

                                      2
(b) a notice under section 6.1.44 giving a decision to
    change or cancel a condition of a development
    approval.
    (2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
   (3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
    (4) An appeal under subsection (3) may be
started at any time after the last day the decision on
the matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
    (2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.




2
     Section 6.1.44 (Conditions may be changed or cancelled by
    assessment manager or concurrence agency in certain
    circumstances)




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