Council archive · source document
23688 DA - COMPILED Decision Notice [As Published] · 132004.240015.4
Form 6 – Compiled Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 23688 DA Date of Decision: 28 May 2007
1. APPLICANT DETAILS
Name: Glen Morrison
Postal address: CARE Martoo Consulting
PO Box 1684
NOOSA HEADS QLD 4567
Phone no: 5455 5425 Fax no: 5455 2725
2. PROPERTY DESCRIPTION
Street address: 12 ARAKOON CRESCENT
Suburb/locality SUNSHINE BEACH
Real property LOT 788 ON RP 48111, COUNTY OF MARCH, PARISH OF WEYBA
description:
3. OWNER DETAILS
Name: PGP PTY LTD
Postal address: GPO BOX 1855, BRISBANE QLD Postcode: 4001
4. REFERRAL AGENCIES
Referral Agency Address Basis
Nil
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Dwelling in Sand Dune Problem NO YES
Area
6. DECISION DETAILS
On 28 May 2004, Council decided to approve the application and grant a Development Permit, subject to
conditions.
In respect to representations made in relation to Conditions 3, 5, 8, 9, 11, 12, 15, 18 and 24, Council on 12
August 2004, resolved to:-
A. Approve to change Conditions 11 and 24.
B. Refuse to change Conditions 3, 5, 9, and 15
C. Delete Conditions 8, 12 and 18.
In relation to a request to change the development approval, Council on 17 March 2005 resolved to:
A. Approve the change with amendment to conditions 1, 3 and 5;
B. Include the following additional conditions:
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 9 pages
Page 2
NOOSA COUNCIL IDAS Development Application Decision Notice 2
1. The existing deck illustrated on plan number 0324SK.01 (C) is to be removed and the area is to be
reinstated with dunal vegetation endemic to the Eastern Beaches Locality.
2. The landscaped deck at level 1 is to be setback a minimum 1.5 metres from both side boundaries
to enable landscaping to be implemented to enhance slope stability.
In relation to a request to change the development approval, Council on 11 April 2007 resolved to:
A. Approve the change with amendment to conditions 1, 3, 10, 15 and 20.
B. Delete Condition 11 and the requirement for a Further Development Permit for Operational Works for
Landscaping, carparking and access, stormwater disposal, sediment and erosion controls in Item 10 of
the Decision Notice.
C. Include six additional conditions.
D. Issue a Compiled Decision Notice.
In relation to a request to change the development approval, Council on 28 May 2007 decided to:
A. Approve the change with amendment to Condition 3.
B. Issue a Compiled Decision Notice.
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Not applicable.
8. SUBMISSIONS
Not applicable.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Deleted
Development Permit for Building Works Dwelling House
11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
12. ASSESSMENT MANAGER
Name: Noosa Council Signature: Date: 28/05/07
DECISION NOTICE HISTORY
Original Decision Notice 28 May 2004.
Negotiated Decision Notice with amendment to
Conditions 11 & 24, Deletion of Conditions 8, 12 and
18 Approved 12/8/2004.
Compiled Decision Notice with amendment to
Conditions 1, 3 and 5, and two additional conditions
on 17 March 2005.
KP o:\database\onestop\decision.doc
Page 3
NOOSA COUNCIL IDAS Development Application Decision Notice 3 Compiled Decision Notice with amendment to Conditions 1, 3, 10, 15 and 20, deletion of Condition 11 and the requirement for a Further Development Permit for Operational Works for Landscaping, carparking and access, stormwater disposal, sediment and erosion controls and inclusion of six additional conditions on 11 April 2007. Compiled Decision Notice with amendment to Condition 3 on 28 May 2007. KP o:\database\onestop\decision.doc
Page 4
NOOSA COUNCIL IDAS Development Application Decision Notice 4
Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Land Use
1. Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plans are titled and numbered, Floor plan – Lower ground floor 1.2, Floor
plan – Upper ground floor 1.3, Floor plan – First floor 1.4, Western elevation 2.1, Northern elevation 2.2,
Eastern elevation 2.3, Southern elevation 2.4. Section AA 3.1 prepared by SBT designs (Issue DA01
Project No. 0625) and dated 20 December 2006.
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 landscaped deck at the Lower ground floor is limited to a maximum width of 1.7 metres seaward of
the Coastal Building Line and a maximum height of less than 1 metre above natural ground level.
The cantilevered deck at the Upper ground floor is limited to a maximum width of 2.6 metres seaward of
the Coastal Building Line.
4. The open space and setback areas 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.
5. Rehabilitation and additional planting of dunal vegetation endemic to the Eastern Beaches Locality is to
be implemented to all remaining land seaward of the Coastal Building Line. This landscaping is to
incorporate a diversity of native tree species and understorey plantings. No turfing is permitted within this
setback area.
6. Existing trees on the site and within road reserves are to be retained, except where required to be
removed due to building operations or the conduct of the approved use.
7. Any fencing provided to the seaward boundary between the dwelling and the beach front is to be:
Open style;
Of darker colours that blend with the natural landscape;
Not exceed 1200mm in height; and
Constructed of lightweight materials.
8. Deleted.
9. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 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 cost incurred by Council in respect of enforcing performance of this
approval.
10. The development shall have a maximum building of height of eight metres measured from the natural
ground surface and shall be a maximum of (2) storeys.
11. Deleted.
12. Deleted.
KP o:\database\onestop\decision.doc
Page 5
NOOSA COUNCIL IDAS Development Application Decision Notice 5
13. 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.
14. This Development Permit for a Material Change of Use of Premises lapses if: -
14.1. the use or erection of a building or other structure associated with the use, has not been
commenced by 28 May 2008, unless application is made and approved by Council for an
extension; or
14.2. the use of any premises pursuant to the Development Permit ceases.
Land Development
Vehicle Access
15. The existing vehicle access driveway shall be removed and replaced with a new vehicular access
driveway. The new driveway shall be constructed from the Arakoon Crescent frontage of the site with a
maximum width of 4.5 metres at the kerb and channel.
The new 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 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.
16. A Road/Footpath Permit shall be completed and submitted for the construction of the access driveway in
accordance with Council’s Local Law No.8. If approval is given the driveway shall be constructed in
accordance with Council’s standard drawings, which will be provided at time of approval.
17. All redundant vehicle crossovers shall be removed and kerb and channel reinstated and footpath area
repaired with turfing.
Carparking
Off Street
18. Deleted.
Stormwater Drainage
19. All stormwater drainage shall be collected on site and discharged to Council’s existing drainage structures
in Arakoon Crescent together with on site disposal via absorption pits. The pits shall be installed in a
manner that does not compromise the stability of the site. The stormwater and roof runoff disposal shall
be generally in accordance with Sunshine Coast Geotechnical Pty Ltd Drg No. 14024-SW dated April
2004 and the related geotechnical assessment for the absorption pit design.
Earthworks
20. All earthworks shall be carried out in accordance with the geotechnical report prepared by Sunshine
Coast Geotechnical dated 2 February 2004 and referenced 14024 (S) and the following criteria;
No vibratory techniques shall be utilised on site, including pier installation.
All new parts of the building shall be supported on normal bored, grout injected or steel screw piers
(as designed by a specialist contractor) and founded in the medium dense sand profiles.
All excavations must be adequately retained to prevent collapse. Where retaining walls are
required an exposed cut batter of 1 to 2 (vertical to horizontal) taken for the base of any foundation
can be excavated.
Any permeable retaining structure should incorporate a membrane to allow water migration but
inhibit that of sand.
KP o:\database\onestop\decision.doc
Page 6
NOOSA COUNCIL IDAS Development Application Decision Notice 6
All earthworks must incorporate shallow surface spoon drains at the base and along the high side
of the cut. Drains must have an efficient outflow down -slope and clear of the construction area
and should utilise absorption and a means of disposal to minimise the stormwater erosion.
All liquid waste or stormwater runoff should be disposed of in a manner that does not compromise
the stability of the site, existing and proposed structures.
All earthworks must ensure the stability of neighbouring structures is maintained through not
undermining their foundations.
Any filling within the allotment shall be placed and compacted in accordance with AS3798-1996 to
a level sufficient to achieve a Level 1 certification with a minimum relative field density of 95%.
Vegetation cover within the allotment is to be preserved or replaced where removed for
construction.
Erosion and Sediment Control
21. To protect the environment against siltation/sediment export or soil erosion as a result of this
development, an erosion and sediment control plan shall be submitted in conjunction with any
Development Permit for Building Works. Site control measures such as silt fencing, controlled gravel
access to the site and controlled disposal of waste, may be necessary. Prior to commencement of
building works, all physical site control measures shall be installed, and the plan adhered to.
Building Services
22. A contour survey of the subject site is to be carried out by a Licensed Surveyor and is to be submitted to
Council at the time of application for building approval. Such survey shall set out the natural surface
levels of the site and the position of buildings on the site.
23. 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 minimum required floor level and
the maximum building height above natural surface, required by the provisions of the Planning Scheme.
24. The Geotechnical report submitted as part of your application has been appraised and approved subject
to the following conditions: -
24.1. There is to be no uncontrolled discharge of water onto the slope;
24.2. Stripping of vegetation for construction purposes should be minimised. If vegetation is destroyed it
should be reinstated immediately after construction is completed;
24.3. Additional load due to fill, construction equipment or stockpiled materials should not be located on
the dune slope;
24.4. The use of vibratory equipment of any kind is not permitted to be used, including vibrating rollers,
the use of vibrating installation techniques for sheet piling and other construction vibrations caused
by excavating, earthmoving or demolition machinery or other similar construction techniques;
24.5. The construction management plan as defined by Recommendations 4.3 Construction and 4.4
Stormwater in the geotechnical report prepared by Sunshine Coast Geotechnical Pty Ltd dated 2
February 2004 is to be adhered to;
24.6. 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;
24.7. Copies of all inspection reports by engineers are to be submitted to Council within 5 business days
of the inspection taking place;
24.8. Boundary wall movement shall be monitored throughout construction by a RPEQ and if movement
occurs construction is to be stopped immediately and appropriate action is to be taken to arrest the
movement. Further work shall only take place after a re-assessment of the conditions on site;
KP o:\database\onestop\decision.doc
Page 7
NOOSA COUNCIL IDAS Development Application Decision Notice 7
24.9. A RPEQ is to be engaged by the client to oversee the piling works and copies of all inspection
reports are to be submitted to Council within 5 business days of the inspection taking place;
24.10. The applicant’s Geotechnical engineer will be required to be on site during major excavation works.
The applicant’s Geotechnical engineer is to advise on and direct any temporary or permanent
retaining systems to be used. 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 no further slippage will result.
General
25. 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.
Additional Conditions 17/03/05
26. The existing deck illustrated on plan number 0324SK.01 (C) is to be removed and the area is to be
reinstated with dunal vegetation endemic to the Eastern Beaches Locality.
27. The landscaped deck at level 1 is to be setback a minimum 1.5 metres from both side boundaries to
enable landscaping to be implemented to enhance slope stability.
Additional Conditions 11/04/07
Land Use
28. External materials and finishes shall comprise predominately of colours and hues of the surrounding
natural landscape.
Land Development
Car Parking
29. Carparking shall be provided within the site generally as shown on drawing number 1.3 dated 20/12/2006
by SBT designs, except as modified herein.
30. The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user
class 1A with a minimum head clearance (headroom) at any point of 2.2m.
Stormwater Drainage
31. Stormwater runoff from the access driveway shall be collected on site and directed into the stormwater
disposal system for the development. All surface runoff and necessary drainage structures to connect the
runoff from the access driveway to the stormwater drainage system shall be contained within the subject
site.
32. The construction of the stormwater disposal system shall be supervised by a suitable qualified RPEQ.
Certification, prepared by a suitable qualified RPEQ, stating that the completed works achieve the design
intent shall be submitted to Council prior to the commencement of the use.
Earthworks
33. All earthworks and the construction of the foundation system shall be supervised by a suitable qualified
RPEQ. Certification, prepared by a suitable qualified RPEQ, stating that the completed works achieve the
design intent and will not have an adverse affect on the stability of the subject site and/or buildings
constructed on the subject site and/or adjoining structures and/or adjoining lands shall be submitted to
Council prior to the commencement of the use.
KP o:\database\onestop\decision.doc
Page 8
NOOSA COUNCIL IDAS Development Application Decision Notice 8
Local Laws, Policies & State Regulation
Requirements
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Advice
1. The Environmental Protection Regulation 1998 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 on: -
a) Monday to Saturday, before 7:00am or after 6:30pm
b) Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under this legislation.
2. Pursuant to the Building and Construction Industry (Portable 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 over the site.
KP o:\database\onestop\decision.doc
Page 9
NOOSA COUNCIL IDAS Development Application Decision Notice 9
Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
The following is an extract from the Integrated (5) If an application is processed under section
Planning Act (Chapter 4). 6.1.28(2), appeal rights for submitters for the
application are available only for the aspects of the
Division 8 - Appeals to court relating to development that would have required public
development applications notification under the repealed Act.
Appeals by applicants (6) If an application involves assessment against
4.1.27.(1) An applicant for a development application a concurrence agency code, appeal rights for
may appeal to the court against any of the following- submitters for the application are not available
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,
including any condition applying to the 4.1.29.(1) An advice agency may, within the limits of
development, and the identification of a code its jurisdiction, appeal to the court about the giving of
under section 3.1.6;1 a development approval for a development
application if-
(c) the decision to give a preliminary approval when a
development permit was applied for; (a) the development application involves impact
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 “applicant’s (2) The appeal must be started within 20 business
appeal period”) after the day the decision notice or days after the day the decision notice or negotiated
negotiated decision notice is given to the applicant. decision notice is given to the advice agency as a
submitter.
(3) An appeal under subsection (1)(e) may be
started at any time after the last day a decision on the Appeals for matters arising after approval given
matter should have been made. (co-respondents)
Appeals by submitters 4.1.30.(1) For a development approval given for a
development application, a person to whom any of
4.1.28.(1) A submitter for a development application
the following notices have been given may appeal to
may appeal to the court about-
the court against the decision in the notice-
(a) the giving of a development approval, including
(a) a notice giving a decision on a request for
any conditions (or lack of conditions) or other
extension of the currency period for an approval;
provisions of the approval; or
(b) a notice giving a decision on a request to make a
(b) the length of a currency period for the approval.
minor change to an approval.
(2) The appeal must be started within 20 business
(2) The appeal must be started within 20 business
days (the “submitters appeal period”) after the day days after the day the notice of the decision is given
the decision notice or negotiated decision notice is to the person.
given to the submitter.
(3) Subsection (1)(a) does not apply if the
(3) If a person withdraws a submission before the approval resulted from a development application
application is decided, the person may not appeal the (superseded planning scheme) that was assessed as
decision. if it were an application under a superseded planning
(4) If an application involves both impact scheme.
assessment and code assessment, appeal rights for (4) Also, a person who has made a request
submitters are available only for the part of the mentioned in subsection (1) may appeal to the court
application involving impact assessment. against a deemed refusal of the request.
(5) An appeal under subsection (4) may be
started at any time after the last day the decision on
the matter should have been made.
1
Section 3.1.6 (Preliminary approval may override local planning
instrument)
KP o:\database\onestop\decision.doc 29/05/07
Page 10
NOOSA COUNCIL IDAS Development Application Decision Notice 10
Division 9 - Appeals to court about other matters
Appeals for matters arising after approval given
(no co-respondents)
4.1.31.(1) A person to whom any of the following
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.
(b) a notice under section 6.1.442 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)
KP o:\database\onestop\decision.doc 29/05/07
Used in these records
23688 DA - COMPILED Decision Notice [As Published]Related documentApplication case desk ↗
About this file
- File size
- 45 KB (small file)
- File type
No other editions are linked here.