Council archive · source document
Decision Notice - 010.2008.00000853.001 [As Published] · 142008.853
Officer: Kerri Coyle
Direct Telephone: (07) 5449 5223
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/853
Your Reference:
17 September 2008
CBD Settler Cove Pty Ltd
PO Box 1923
NOOSA HEADS QLD 4567
Dear Sir
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 17 September 2008 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/853
Street address: 1 Serenity Close, Noosa Heads
Real property description: Lot 603 SP 188270
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Operational Works - Landscaping
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
Landscaping
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 / Rev. Plan / Document Name Date
Document No.
601 P2 Planting Plan – Place Planning & 27.06.2008
Design
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Page 2
2008/853
602 P2 Planting Plan – Place Planning & 27.06.2008
Design
603 P2 Planting Plan – Place Planning & 27.06.2008
Design
604 P2 Planting Plan – Place Planning & 27.06.2008
Design
605 P2 Planting Plan – Place Planning & 27.06.2008
Design
606 P2 Overall Planting Plan – Place Planning 27.06.2008
& Design
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. The number of Ophiopogon japonicos ‘Dwarf’, Gardenia florida and Curuligo captitata
Trachelospermum jasminoides Varieagata shall be at least halved and replaced with native
groundcover species. Where these species are used, their use shall be limited to the
courtyards and pool areas.
6. A 1.2 metre high fauna friendly fence shall be constructed as a separation between the Private
Open Space for Conservation and Waterway Protection and Lots 5 & 6. The fence shall be
constructed in accordance with Landscape Master Plan (May 2005) Specifications Table 21.1
Residential Single Lots - Private Open Space for Conservation and Waterway Protection.
7. Reticulated water taps shall be located at the rear boundary fence line of Lots 5 & 6 that abuts
the Private Open Space for Conservation and Waterway Protection
8. 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.
9. This Development Permit lapses if the works have not happened by 17 September 2010,
unless application to extend the currency is approved by Council.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
601 P2 Planting Plan – Place Planning & 27.06.2008
Design
Page 2 of 6
Page 3
2008/853
602 P2 Planting Plan – Place Planning & 27.06.2008
Design
603 P2 Planting Plan – Place Planning & 27.06.2008
Design
604 P2 Planting Plan – Place Planning & 27.06.2008
Design
605 P2 Planting Plan – Place Planning & 27.06.2008
Design
606 P2 Overall Planting Plan – Place Planning 27.06.2008
& Design
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
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 for Operational Footpath to Proposed Jetty Site
Works
11 SELF ASSESSABLE CODES
Not applicable
12 SUBMISSIONS
Not applicable
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
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2008/853
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.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees 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 continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).
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,
Kerri Coyle
MANAGER – LAND USE
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2008/853
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
(5) If an application is processed under section
The following is an extract from the Integrated 6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4). application are available only for the aspects of the
development that would have required public
Division 8 - Appeals to court relating to
notification under the repealed Act.
development applications
Appeals by applicants (6) If an application involves assessment
4.1.27.(1) An applicant for a development against a concurrence agency code, appeal rights
application may appeal to the court against any of for submitters for the application are not available
the following- against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a concurrence agency’s response for the code.
development application; Appeals by advice agency submitters
(b) a matter stated in a development approval, 4.1.29.(1) An advice agency may, within the limits
including any condition applying to the of its jurisdiction, appeal to the court about the
development, and the identification of a code giving of a development approval for a
1
under section 3.1.6; development application if-
(c) the decision to give a preliminary approval (a) the development application involves impact
when a development permit was applied for; assessment; and
(d) the length of a currency period; (b) the advice agency told the applicant and the
(e) a deemed refusal. assessment manager to treat its response to
the application as a submission for an appeal.
(2) An appeal under subsection (1)(a) to (d)
must be started within 20 business days (the (2) The appeal must be started within 20
“applicant’s appeal period”) after the day the business days after the day the decision notice or
decision notice or negotiated decision notice is negotiated decision notice is given to the advice
given to the applicant. agency as a submitter.
(3) An appeal under subsection (1)(e) may be Appeals for matters arising after approval given
started at any time after the last day a decision on (co-respondents)
the matter should have been made. 4.1.30.(1) For a development approval given for a
Appeals by submitters development application, a person to whom any of
the following notices have been given may appeal
4.1.28.(1) A submitter for a development
to the court against the decision in the notice-
application may appeal to the court about-
(a) a notice giving a decision on a request for
(a) the giving of a development approval, including
extension of the currency period for an
any conditions (or lack of conditions) or other
approval;
provisions of the approval; or
(b) a notice giving a decision on a request to make
(b) the length of a currency period for the approval.
a minor change to an approval.
(2) The appeal must be started within 20
(2) The appeal must be started within 20
business days (the “submitters appeal period”)
business days after the day the notice of the
after the day the decision notice or negotiated
decision is given to the person.
decision notice is given to the submitter.
(3) Subsection (1)(a) does not apply if the
(3) If a person withdraws a submission before
approval resulted from a development
the application is decided, the person may not
application (superseded planning scheme)
appeal the decision.
that was assessed as if it were an
(4) If an application involves both impact application under a superseded planning
assessment and code assessment, appeal rights scheme.
for submitters are available only for the part of the
(4) Also, a person who has made a request
application involving impact assessment.
mentioned in subsection (1) may appeal to
the court against a deemed refusal of the
request.
1
Section 3.1.6 (Preliminary approval may override
local planning instrument)
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2008/853
(5) An appeal under subsection (4) may be For Building Works Only
started at any time after the last day the Rights of appeal conferred by Section 4.2.9 of the
decision on the matter should have been Integrated Planning Act 1997 as follows:
made.
Division 3 – Appeals to tribunals relating to
development applications
Division 9 - Appeals to court about other
matters Appeals by applicants
Appeals for matters arising after approval given
(no co-respondents)
4.2.9(1) An applicant for a development application
4.1.31.(1) A person to whom any of the following may appeal to the Building and Development
notices have been given may appeal to the court Tribunal against any of the following-
against the decision in the notice-
(a) the refusal, or the refusal in part, of a
(a) a notice giving a decision on a request to development application;
change or cancel a condition of a development
approval. (b) a matter stated in a development approval,
2 including any condition applying to the
(b) a notice under section 6.1.44 giving a decision development, and the identification of a code
to change or cancel a condition of a under section 3.1.6;
3
development approval.
(c) the decision to give a preliminary approval when a
(2) The appeal must be started within 20 development permit was applied for;
business days after the day the notice of the
(d) the length of a period mentioned in section 3.5.21
decision is given to the person.
currency period;
(3) Also, a person who has made a request
(e) a deemed refusal.
mentioned in subsection (1)(a) may appeal
to the court against a deemed refusal of the (2) An appeal under subsection (1)(a) to (d) must
request. be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or
(4) An appeal under subsection (3) may be negotiated decision notice is given to the applicant.
started at any time after the last day the
(3) An appeal under subsection (1)(e) may be
decision on the matter should have been started at any time after the last day a decision on the
made. matter should have been made.
Appeals against decisions to change approval The Registrar for the Building and Development
conditions under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a http://www.localgovernment.qld.gov.au/
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
3
cancelled by assessment manager or concurrence Section 3.1.6 (Preliminary approval may override
agency in certain circumstances) local planning instrument)
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