Council archive · source document
Decision Notice - Change to an Existing Approval [As Published] · 132003.220735.7
Officer: Kerri Coyle
Direct Telephone: (07) 5449 5223
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 23245 DA
Your Reference:
19 September 2008
Elysium Noosa Pty Ltd
CARE Conics (Sunshine Coast) Pty Ltd
PO Box 149
WURTULLA QLD 4575
Dear Madam
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 2008 Council
decided your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 23245 DA
Street address: Sunset Drive, Noosa Heads
Real property description: Lots 149 – Lot 189 SP 170964, Lot 500 SP 170964, Lot 900 SP
170964 & Lot 901 SP 170964
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 29 April 2004 decided to grant a Preliminary Approval for the Material Change of Use of
Premises and Reconfiguring a Lot for a residential development comprising 94 dwelling houses and
a group housing development of 96 dwelling units subject to conditions.
In relation to representations made to grant a Development Permit for Material Change of Use and
change a number of the Conditions of Approval, Council on 23 June 2004 resolved to:
A. Grant a Development Permit for Material Change of Use for 93 dwelling houses and group
housing development of 96 dwelling units and a Development Permit for 99 lots including 93
conventional lots and 6 group title lots.
B. Approve a change to Conditions 2.1 2.2, 2.3, 2.4, 2.7, 2.10, 3.2, 3.7, 4, 8, 10, 12, 15, 18, 19, 24,
27, 30, 31, 39, 43, 50, 58, 60, 63, 65, 66, 67, 76, 81, 84, 85, 106, 113, 121, 131, 135, 137, 144,
145, 148, 150 and 155;
C. Delete Conditions 1, 2.9, 2.11, 2.12, 2.13, 25 and 172.4
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D. Adopt an amendment of the Planning Scheme to reflect the approval by excluding Lots 1 & 2 RP
904900 from the Rural Pursuits and Future Urban zones and include Lots 1 & 2 RP 904900 in
the Special Residential zone and Open Space zone in accordance with the approved plan of
development, after the approvals take effect.
In relation to a request to change the development approval to a group housing development of 189
dwelling units, Council on 16 December 2004 decided to approve the changes with:-
A. The approved plans to comprise those numbered 6994-24D Revision D prepared by PMM
Group and dated 29 September 2004, allowing for a residential development comprising a group
housing development of 189 lots.
B. Changes to Conditions 2, 3.4, 3.5, 12, 65, 81, 85, 88, 121, 137, 144, 145, 154, 155
C. Add conditions 1.11, 2.12, 2.13, 172, 173, 174, 175, 176, 177, 178 and 179
In relation to a request to change the development approval, Council on 25 August 2005 decided to:
A. Approve a change to Conditions 2.8.2, 3.4, 3.7
B. Issue a Compiled Decision Notice
In relation to a request to change the development approval, Council on 28 October 2005 decided to:
A. Approve a change to Conditions 6, 7, 139, 146, 154, 156, 157, 158 and 179
B. Delete Condition 49
C. Include one additional Condition (180)
D. Issue a Compiled Decision Notice
In relation to a request to change the development approval, Council on 13 April 2006 decided to
approve the change with:
A. Amendment to Conditions 2, 2.8.2, 2.10, 2.11, 88 & 133
B. Inclusion of additional Conditions 2.14 & 2.15
C. Deletion of Conditions 2.12, 2.13 and 3.3
D. Issue a Compiled Decision Notice
In relation to a request to change the development approval, Council on 7 April 2008 decided to
approve the change with:
A. Amendment to Conditions 2, 2.3, 4, 12, 65, 81, 121, 137, 144, 145 & 155
B. Issue a Decision Notice – Change to an Existing Approval
In relation to a request to change the development approval, Council on 16 September 2008 decided
to approve the change with:
A. Approve to change Conditions 2, 65, 81, 103, 121, 137, 144, 145 & 155
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B. Include seven additional conditions
C. Issue a Decision Notice – Change to an Existing Approval
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
Council Conditions
1. Deleted.
2. The Plan of Development, Drawing No 6994-53M Revision M prepared by Conics and dated 12
September 2008, shall be amended prior to sealing of the plan of survey in accordance with the
following:-
2.1. No development within 100 m of H.A.T. in Weyba Creek, except the approved public
pathway, any approved detention basins and the corner of lot 19.
2.2. No development or fill in the floodplain (ie below Q100), except the approved public
pathway, tennis court A and its associated filling/landscaping works (planting), and any
approved detention basins.
2.3 Include a visual and noise buffer and east-west environmental link adjacent to the future
road at the northern end of the site (minimum width 20 m). The noise buffer is to comprise
mounding and acoustic fencing, with landscape treatment to both sides and shall be
located within the site in accordance with an approved acoustic report, unless otherwise
approved by Manager, Land Development.
A provision shall be included under the table titled “Key Development Requirements for
Precincts” that buildings on lots 1-5, 9, 10 and 13 shall not exceed 1 storey.
2.4 The Conservation Parkland shall include all the Macadamia integrifolia tree(s) and
Symplocos haroldii plants.
2.5 The Private Recreation Parkland around Lake B shall include the stone pitched weir. It
shall not be included in Public Open Space.
2.6 The public pathway shall be located to:
2.6.1 avoid threatened plant species and endangered plant communities, particularly
Community 4 as identified in the Flora and Fauna Assessment;
2.6.2 avoid clearing in Conservation Parkland;
2.6.3 avoid wet areas, and
2.6.4 minimize the number of pathways across steep slopes.
2.7 Swimming pools, recreational facilities and toilet blocks shall not be located below flood
level, except for part of tennis court A and the public walkway and limited seating, as
specified in condition 3.7.
2.8 The buffer between any site lakes or wetlands and the allotments shall be a minimum of
20 metres width, with the exception of Lake B (existing lake adjacent lots 166, 167 & 168)
where a lesser buffer will be accepted subject to the following:-
2.8.1 Stormwater entering Lake B will be fully treated. i.e. there is no intent to use the
lake as part of the water quality treatment train.
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2.8.2 Lots 166 to 168 will be filled on the lake side to achieve a vertical separation a
minimum of 2 metres high for lots 166 to 167 and 1.7 metres for lot 168 between
the lake and the lots, and a childproof fence (AS1926.12-1993) within the lot
separating the lots from the lake edge. There is to be no direct access from the
lots to the park and lake.
2.8.3 The southern side of the lake is to have a vertical lake edge wall, approximately 2
metres high in the lake, to discourage macrophyte growth. This wall is to extend
to give approximately 20 metres offset from the lots.
2.8.4 Landscaping around the southern lake edge above the water line will be dense
and aimed at discouraging access. Landscaping in areas where walkways come
close to the lake will be designed to discourage access into the lake.
2.8.5 Lake is to be desilted and de-weeded as part of the works, which will further
improve its existing quality.
2.8.6 Monitoring is to be carried out over the coming summer months, to confirm low
weed and algal growth.
2.8.7 The EMP will include an education program for residents discouraging feeding of
birds. The bird population will also be monitored and contingency measures
derived should the numbers reach the point where nutrient loads to the lake
become significant.
2.8.8 The Stormwater Management Plan is to include contingency measures for weed
control, emergency mixing and aeration for algal control, harvesting of algae and
aquatic plants and general lake management.
2.8.9 The pedestrian bridge across the lake is to have safety railing to prevent small
children falling / climbing into the lake.
2.9 Deleted.
2.10 Building envelopes shall be identified for all dwelling units within the Group Housing
Development Precinct, including built to boundary walls. The building envelope shall be in
accordance with the setback requirements contained within the table of Key Development
Requirements for this Precinct, and shall provide a minimum side setback of 3 metres
measured for the building facade to one of the boundaries to ensure open space is
maintained between each of the dwelling units.
Where no built to boundary walls are identified by the building envelope on the lot,
buildings shall be setback a minimum of 1.5 metres measured from the building facade.
2.11 All lots shall have a minimum front setback of 3 metres, with garages setback a minimum
of 4.5 metres, with minor intrusions permitted of eaves, covered entrances and the like.
Where a lesser setback than 5.4m is proposed to garages:
2.11.1 Provision shall be given for visitor parking on the driveway with a minimum length
of 5.4 metres, measured from the garage and a 3.0 metre separation from the
back of kerb to the rear of a parked vehicle maintained.
2.11.2 The sightline requirements to the footpath shall be maintained in accordance with
AS2890.1-2004, for vehicles parked on the proposed driveways.
2.12 Deleted.
2.13 Deleted.
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2.14 Where the boundary alignment is non linear or irregular such as cul de sacs, the setback
shall be calculated as an average distance along the length of the building or garage
alignment.
2.15 The minimum rear building setback shall be 2 metres, with minor intrusions permitted for
eaves and the like.
Buildings shall be setback a minimum of 6 metres from the Conservation Parkland
boundary, with minor intrusions permitted of eaves and the like.
Swimming pools, pergolas, low decks and garden structures shall setback a minimum of 2
metres from the Conservation Parkland Boundary, with minor intrusions permitted where
footings do not adversely impact on vegetation within the Conservation Parkland to the
reasonable satisfaction of the Manager Land Use.
3 The development over the subject land shall comply with the following:
3.1 All necessary fire protection measures, buffers and devices that are required to protect the
development from bushfires shall be incorporated within the ‘urban footprint’ and Private
Open Space.
3.2 With the exception of Lake A (Detention Basin D) and Detention Basin E and associated
cut off drain, all necessary stormwater and water quality management and control devices
associated with the development shall be located within the ‘urban footprint’ or the Private
Open Space.
3.3 Deleted.
3.4 Where roads abut Conservation Parkland, the set back to the edge of road pavement shall
be in accordance with Drawing No. C5093/05/SK25 Sheet 25 prepared by Tate
Professional Engineers as received on 18 August 2005 and vegetated to provide a buffer
to the Conservation Parkland.
3.5 The minimum width of the Conservation Parkland between Community Group Title Lots
157, 158, 181, 182 and 183 and the eastern boundary of the property shall be no less than
10 m at any point.
3.6 No clearing or removal of native vegetation (other than that specified in the Ecological
Restoration Plan and the approved plan for the public pathway) shall be undertaken in the
Conservation Parkland.
3.7 No development, infrastructure or recreation facilities (eg. Rubbish bins, seats, etc.), shall
be located in the ‘Conservation Parkland Precinct’, with the exception of the sewerage
trunk line as shown on Drawing No C5093/05/SK26 prepared by Tate Professional
Engineers as received on 22 August 2005, approved public pathway and limited seating
adjacent to the public pathway in the ‘Conservation Parkland Precinct’ where the RL is
less than 3 metres. Any seating area shall be clearly identified from the vegetated areas
to prevent adverse impacts.
4 Acoustic buffering shall be undertaken generally in accordance with the Road Traffic Noise
Assessment Report prepared by Ask Consulting Engineers and dated 25 May 2004 and
condition 2.3, with all dwellings located on lots 1-5, 9, 10 and 13 to not exceed 1 storey.
A property note shall be included on the titles of lots 1-5, 9, 10 and 13 noting that construction is
limited to single storey buildings.
5. Suitable screening shall be provided in proximity to the site’s south eastern corner to prevent golf
balls being hit into the area.
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Management Plans
6. The Developer shall prepare various management plans that relate to the design, construction
and operational phases of the development. These plans are to be prepared by appropriately
qualified persons and shall be lodged for approval in sequence as outlined in condition 7.
7. The plans are to address specific matters detailed in the Conditions of this approval.
7.1 The plans to be approved prior to commencement of work on site are:-
Mosquito, Midge and Cane Toad Management Plan
Fire Management Plan
7.2 The plans to be approved prior to the issue of a Development Permit for Operational
Works are:-
Environmental Management Plans for Construction Stages
Ecological Restoration Plan and Specifications
Landscape Master Plan/Assessment Report
Lake Design and Management Plan
Stormwater and Water Quality Management Plan
Waste Management Plan
Acid Sulphate Soils Management Plan
7.3 The plan to be approved within 3 months of commencement of work on site:-
Environmental Management Plan for Operational Stage
Fees Payable
8. The developer shall pay Council all reasonable costs for the assessment of the management
plans and also the costs associated with ensuring the development complies with the
requirements of this approval. These costs shall be limited to a maximum of $25,000 including
the cost of external consultants should they be required, provided management plans of a
suitable standard are submitted for assessment.
9. The further approvals required to allow development to occur shall be subject to the fees
contained in Council’s Fees and Charges Schedule.
Environmental Covenants
10. An environmental covenant as defined by Part 6, Division 4A of the Land Title Act 1994, shall be
registered in favour of Council on all Community Group titles. The environmental covenants
shall be for the protection of the site’s environmental values. In particular the covenant(s) shall
relate to retention of specific vegetation and maintenance of water quality entering the Weyba
Creek system.
Conservation Parkland
11. The Conservation Parkland shall be dedicated to the Crown at the time of reconfiguration as
park for conservation and environmental protection purposes.
12. The Conservation Parkland shall include all parts of the Site shown as Conservation Parkland on
the Plan of Development, Drawing No 6994-53L Revision L prepared by PMM Group and dated
29 September 2004 and the area required by conditions 2.2 and 2.3.
13. All cleared areas within the Conservation Parkland shall be ecologically restored.
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14. In order to protect the Conservation Parkland during and after the construction phase, the
Developer shall construct a permanent fence along all boundaries of the Conservation Parkland
that abut developed areas (eg. residential areas, roads, the Public Recreation Parkland). The
fence shall be a minimum of 1.2 m high and ‘fauna-friendly’.
15. The Developer shall provide details about the type and style of fence, construction methods,
location and type of pedestrian access points, signage to Council specifications, etc. as part of
the Landscape Master Plan.
16. The Conservation Parkland fence shall be constructed prior to the commencement of any
construction work on the site.
17. Native trees and vegetation within the Conservation Parkland shall not be felled, removed,
pruned, lopped, damaged or otherwise adversely affected without written approval from
Council’s Manager – Environmental Services.
18. No development, infrastructure or recreational facilities (eg. rubbish bins, seats, etc.) shall be
located in the ‘Conservation Parkland Precinct’, with the exception of the approved public
pathway and limited seating adjacent to the public pathway in the Conservation Parkland
Precinct’ where the RL is less than 3 metres. Any seating area shall be clearly identified from
the vegetated areas to prevent adverse impacts.
19. Those parts of the public pathway located in the Conservation Parkland Precinct above RL 3.0m
shall be for pedestrian use only. Those parts of the public pathway located in the Conservation
Parkland Precinct below RL 3.0m shall be designed to accommodate both pedestrians and
cyclists as well as fire, emergency and maintenance vehicles.
20. Dogs shall be prohibited in the Conservation Parkland.
21. Prior to the Conservation Parkland being dedicated to Council, all the specified ecological
restoration, weed control, fire control, fencing and pathway work shall be completed to the
satisfaction of the Manager - Land Use.
Public Pathway
22. The applicant shall provide Council with the following details about the public pathway:
22.1 location,
22.2 design,
22.3 construction,
22.4 likely future maintenance costs and use levels,
22.5 likely environmental impacts, and
22.6 environmental safeguards.
23. All paths, stairs, steps, boardwalks, safety rails and devices, drainage, parking, signs, gates,
bollards and any other facilities and structures associated with the safe use and management of
the public pathway and walking track shall be provided by the applicant.
24. The public pathway through the Conservation Parkland Precinct shall be designed, constructed
and managed in accordance with the requirements of conditions 3.7 and 19.
25. Deleted.
26. Public pathways in the Public Recreation Parkland shall be designed and constructed to
accommodate both pedestrians and cyclists. Seats, rubbish bins and other recreation facilities
shall be provided according to Council’s provision standards for recreational parkland.
27. The public pathway shall not be located through, or near, any stands of Symplocos haroldii or
Macadamia integrifolia. The location of the public pathway in the vicinity of threatened plants
shall be determined by Council’s Vegetation Management Officer.
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28. Sufficient parking shall be provided within the residential areas to accommodate the vehicles of
people using the public pathway or walking track through the Public Esplanade.
Fish Habitat Area
29. Public viewing platforms and walking tracks shall not be constructed on or near Weyba Creek or
within the Fish Habitat Area.
30. The applicant shall provide signs to Council specifications and any other management devices
(eg fences) necessary for the protection of the environmental values of the adjacent Esplanade,
particularly the Fish Habitat Area.
Stone Pitched Weir on Lake B
31. No construction shall occur within 10m of Community 3 or Community 4 as identified in the Flora
and Fauna Assessment in the Conservation Parkland.
32. The proposed stone weir for Lake B shall be located wholly within the Private Recreation
Parkland area that encompasses Lake B. It shall not encroach into the Public Recreation
Parkland or Conservation Parkland.
33. The proposed stone pitched weir for Lake B shall be located, designed, constructed and
operated so that the adjacent plant communities that are classified as ‘Endangered’ are not
directly or indirectly affected.
Vegetation Removal, Disposal and Protection in the residential area and Private Recreation
Parkland
34. Vegetation removal, tree felling and lopping shall be undertaken in an environmentally sensitive
manner to avoid damaging surrounding vegetation, trees and habitat.
35. Prior to felling or lopping all trees are to be checked for wildlife (eg. koalas, cockatoos,
possums). If wildlife species are present, the tree shall not be felled or lopped until the wildlife
has left the tree.
36. All cleared vegetation shall be suitably processed or removed from the site by a method
approved by Council.
37. Environmental weed species cleared from the site shall not be mulched. Vegetation material
from environmental weed species shall be removed from the site and disposed of in a Council
approved refuse tip.
38. Burning off is not considered an acceptable means of disposal and is not to take place.
39. During construction, the boundaries of areas of retained and protected vegetation within the
development area shall be clearly marked for the purpose of preventing access into these areas
thereby protecting the vegetation and habitat values.
40. All underground services, drainage, footpaths, bike paths, roads and other site works shall be
located to minimize adverse impacts on retained vegetation, particularly their root systems.
41. Vegetation and individual trees retained in the residential areas and recreation parkland shall be
healthy and vigorous with an expected life span of at least 50 years. A risk assessment by a
qualified arborist shall be undertaken on all individual trees and stands of vegetation to be
retained within the residential areas and recreation parkland. An arborist’s written report shall be
included in the relevant Operational Works applications.
Weed and Pest Species Control
42. Weed control shall be undertaken in general accordance with the Construction Management
Plan, dated August 2003, prepared by Tate Professional Engineers.
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43. All Class 2 and Class 3 weeds declared under the Land Protection (Pest and Stock Route
Management) Act 2002 and Regulations 2003 and all environmental weed species listed in
Noosa Council’s Pest Management Plan 2002 shall be eradicated, prior to reconfiguration. The
Manager – Environmental Services will nominate specific weed eradication strategies to be used
on the site.
44. Prior to entering the site, all construction machinery and vehicles shall be washed down to
remove soil that may contain weed seeds, soil pathogens and pest species.
45. All nursery stock shall be weed, pest and disease free and certified as such by the supplier. The
certificates are to be obtained prior to the commencement of any landscaping works on site and
shall be made available to Council upon request.
46. All mulch produced on site by mulching cleared vegetation and trees shall specifically exclude
material (particularly seeds) from environmental weed species (eg. lantana, asparagus and
umbrella trees).
47. Soil disturbance shall be kept to a minimum to avoid weed proliferation.
48. The eradication and control of environmental weeds will be an integral part of both the Ecological
Restoration Plan and the Landscape Plans. Vegetation used in restoration work and
landscaping shall exclude environmental weed species.
49. Deleted.
Cultural Heritage
50. In advance of any construction activities commencing, limited archaeological test excavations
should occur at Site 1 and Site 2 as identified in the approved Archaeological Report to
investigate the extent and nature of archaeological material (surface and sub-surface) present.
The minimum excavation unit should be 1 metre by 1 metre. The excavated soil should be
sieved through 6mm (minimum size) mesh sieves and when considered warranted Indigenous
archaeological material encountered should be retained for analysis. If not retained for analysis,
the material should be fully documented on site. When the excavation is completed all
excavated material that is not retained should be redeposited back into the excavation unit.
51. On the areas of elevated terrain in the southern and central sections of the study area
mechanical excavations should be undertaken. These excavations should be undertaken with a
mechanical excavator such as a Toyota 3 Series Bobcat with rubber types and a 1250mm
scoop. The excavation unit should be around one metre wide and a minimum of two metres
long. The soil should be scrapped away in 5cm sections and the soil passed through 6mm
(minimum size) mesh sieves. When considered warranted, Indigenous archaeological material
encountered should be retained for analysis. If not retained for analysis, the material should be
fully documented on site. When the excavation is completed all excavated material that is not
retained should be redeposited back into the excavation unit.
52. The excavations should be undertaken by a qualified archaeologist under a permit (Permit to
Excavate / Collect Items of the Queensland Estate) issued by the Environmental Protection
Agency. The excavations should be undertaken with the approval and assistance of the Gubbi
Gubbi and Undumbi People.
53. At the completion of the excavations, the results should be documented and significance
assessment and management recommends for each Site and Location provided. A cultural
heritage management plan should be formulated after the results of the excavations have been
documented.
54. The recommendations provided by both the Gubbi Gubbi and Undumbi should be taken into
consideration.
Koalas and Koala Habitat Protection
55. Koalas and their habitat require special protection and particular consideration shall be given to:
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55.1 the protection and restoration of koala habitat, habitat linkages and corridors on the site as
shown on the Wildlife Corridor figure in the Landscape Assessment Report,
55.2 the protection and restoration of existing and new vegetation to facilitate Koala movement
throughout the entire site,
55.3 the protection of Koalas during the construction and operational phases of the
development, and
55.4 the planting of additional koala food and habitat tree species during landscaping and
ecological restoration of the site.
56 All known Koala habitat trees on the site shall be protected, unless specific approval exists for
their removal or lopping.
57 Rehabilitation/re-establishment of the Koala habitat and habitat links within the site shall be
given priority in the Ecological Restoration Plan and the Landscape Plans.
58 All swimming pools shall have a rope installed to allow Koalas to exit the pool or be fitted with
Koala-proof fencing.
Protection of Fauna
59 Fauna protection during construction shall be undertaken in general accordance with the
Construction Management Plan, dated August 2003, prepared by Tate Professional Engineers.
60 Nesting boxes of a range of sizes shall be installed in nominated trees within areas of the private
open space. The number, type, size, location and purpose of the nesting boxes is to be
specified. The manner in which these nesting boxes are to be maintained shall be specified.
Nesting boxes shall not be located in the Public Open Space areas.
61 Nesting boxes of a range of sizes shall be installed in nominated trees. The number, type, size,
location and purpose of the nesting boxes is to be specified. The manner in which these nesting
boxes are to be maintained shall be specified.
62 Buildings, roads and fences shall be sited and constructed to allow movement of fauna through
and within the site.
63 No domestic pets shall be permitted on the subject land during construction. Thereafter, no
domestic pets shall be permitted in the Conservation Parkland.
Ecological Restoration Plan and Specifications for the Conservation Parkland
64 An Ecological Restoration Plan and Specifications shall be prepared by a specialist Restoration
Ecologist, to the reasonable satisfaction of the Council. It shall identify all the areas within the
Conservation Parkland that require ecological restoration and specify actions and works
necessary to result in robust, self-sustaining, viable plant communities and habitat.
65 The Ecological Restoration Plan and Specifications shall include all parts of the site shown as
Conservation Parkland on the Plan of Development Drawing No 6994-53M Revision M prepared
by Conics and dated 12 September 2008.
66 The following, inter alia, shall be addressed and included in the Plan and Specifications:
66.1 Formulate structural and floristic models for Communities 1, 2, 3 and 4 as identified in the
Flora and Fauna Assessment;
66.2 document the current status of the areas requiring ecological restoration in terms of
structure, floristics, missing elements, health, vigour, etc.;
66.3 specify the required works and actions for each area in terms of:
66.3.1 site preparation (this may include thinning, grass removal, weed removal and
control, etc.),
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66.3.2 establishment of the missing floristic and structural elements,
66.3.3 creating opportunities for regeneration from the seed bed, natural recruitment
and the establishment of wildlings,
66.3.4 habitat creation and reinforcement for native fauna and reinforcement of habitat
linkages and corridors,
66.3.5 planting and mulching procedures,
66.3.6 fertilizing procedures,
66.3.7 watering procedures,
66.3.8 protection from wildfire, particularly during the establishment phase,
66.3.9 erosion and sediment control,
66.3.10 on-going maintenance,
66.3.11 environmental safeguards, and
66.3.12 incorporation of the relevant requirements of all the management plans required
by this approval, particularly the Environmental Management Plan.
67 The contract for the Ecological Restoration work shall specify a 4-year maintenance period from
the date restoration works are completed by the contractor, by which time the ecologically
restored areas should be self-sustaining. It shall also be weed-free to the satisfaction of the
Manager, Environmental Services.
68 All the relevant ecological restoration works and actions shall be undertaken by the Developer
and completed prior to dedication of Conservation Parkland to Council.
Landscape Master Plan
69 Prior to approval for a Development Permit for Operational Works, a Landscape Master Plan
shall be prepared, to the reasonable satisfaction of Council, for all the residential and recreation
areas. It shall generally be in accordance with the EDAW Gillespies ‘Landscape Assessment
Report’ (dated 23 August 2003). However, it shall incorporate all amendments to the Plan of
Development and address all relevant Conditions of Approval.
70 The Landscape Master Plan shall:
70.1 specifically exclude areas designated as ‘Conservation Parkland’. (These areas are dealt
with in the Ecological Restoration Plan), and
70.2 incorporate all relevant requirements of, and be consistent with, all other Management
Plans required by this Approval.
71 The Landscape Master Plan shall detail the planting schemes and shall detail, inter alia:
71.1 areas of natural vegetation to be retained;
71.2 site preparation;
71.3 habitat enhancement for native fauna;
71.4 weed removal and control;
71.5 species ‘palettes’ and schedules;
71.6 planting out procedures and horticultural requirements;
71.7 mulching procedures;
71.8 fertilising procedures;
71.9 irrigation and watering procedures;
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71.10 erosion and sediment control;
71.11 on-going maintenance;
71.12 construction materials and details;
71.13 environmental safeguards.
72 Landscaped areas shall be integrated floristically and structurally with the surrounding native
vegetation. To be consistent with the ecologically sustainable design philosophy embodied in
the Application, at least 85% of all plant species used and at least 85% of the total number of
plants used in the landscaping shall be indigenous to the site. All other species shall be
consistent with Council’s Landscaping Guidelines – Planning Scheme Policy PSP1.
73 The Landscape Master Plan shall address, inter alia, the following issues:
73.1 enhancement of environmental linkages and corridors;
73.2 enhancement and establishment of fauna habitat, particularly for Koalas and Glossy Black
Cockatoos;
73.3 visual screening of buildings and visual integration of the built environment.
74 All detailed landscape plans for individual lots or parts of the developments that are submitted
for Development Permits for Operational Works shall comply with the Landscape Master Plan.
Fire Management Plan
75 Prior to approval for a Development Permit for Operational Works, a Fire Management Plan
shall be prepared to the reasonable satisfaction of Council. It shall generally be in accordance
with the Fire Management Strategy prepared by 4 Site (dated 29 August 2003). However, it
shall incorporate all amendments to the Plan of Development and address all relevant
Conditions of Approval.
76 The Fire Management Plan shall also include:
76.1 landscaping measures to reduce fire risk,
76.2 the requirement for a building set-back of at least 6 m on all lots adjacent to existing and
restored native vegetation,
76.3 a firebreak through the area of floodplain to be revegetated (ecologically restored) located
along the entire length of the conservation parkland,
76.4 for all allotments that abut native vegetation, the requirement to provide a garden tap in
close proximity to the native vegetation for the purposes of reducing bushfire risk unless
otherwise required by an approved Fire Management Plan, and
76.5 all relevant requirements of, and be consistent with, all other Management Plans required
by this Approval.
77 The Fire Management Plan shall demonstrate a high level of environmental care and
responsibility and be consistent with best practice for developments of this type in similar
environments.
78 The Fire Management Plan shall meet the provisions of the Queensland Fire and Rescue
Authority Act 1990 and shall be endorsed by the Queensland Fire & Rescue Authority.
79 The Developer shall provide a bushfire information kit to all Bodies Corporate and all purchasers
of allotments adjacent to native vegetation. The bushfire information kit shall be submitted to
Council for approval as part of the Fire Management Plan.
80 The Fire Management Plan is to be implemented by the Developer and future owners of the site
and is to be referenced in any community management statement(s).
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Lake Design and Management
81 Lake A and Lake B and their environs shall be designed and managed in accordance with the
Lake Design and Management Report by 4Site (dated August 2003) and the associated
supplementary material provided by 4Site on 24 February 2004 and is to be consistent with the
Plan of Development, Drawing No 6994-53M Revision M prepared by Conics and dated 12
September 2008, amended as follows:
81.1 Minimum separation distance from the lake edge to any lot boundary shall be 20m, with
the exception of Lake B (existing lake adjacent lots 166, 167 & 168) where a lesser buffer
will be accepted in accordance with Conditions 2.8.1 to 2.8.9.
81.2 The lake shall be designed and managed to minimise the creation of breeding habitat for
cane toads.
82 The construction and operation of the stone-pitched weir on Lake B shall not adversely affect the
adjacent forested areas (Community 3 and Community 4 as identified in the Flora and Fauna
Assessment).
83 The stone-pitch weir for Lake B shall be included within the Private Open Space area.
84 Discharges from Lake A and Lake B shall be controlled and managed so as not to adversely
affect downstream vegetation or aquatic ecosystems or cause erosion and shall incorporate
appropriate flow spreading and energy dissipation devices.
Tennis Court on fill at south end of site
85 Recreational tennis court C shall be designed and constructed so that the finished level is above
RL 3.1 m and does not impact on the adjacent steep slope or native vegetation. It shall be
limited to the existing cleared and filled area, provided they have Q100 immunity and it is on the
hill edge away from the creek. Access to Tennis Court C shall be limited to one pedestrian
pathway, which is the public pathway.
Tennis court A shall be constructed at RL 2.0m AHD.
86 Access to the tennis court shall be limited to one pedestrian pathway. The pathway across the
steep slope shall be designed to have minimal impact on the vegetation and slope stability.
87 The banks of the filled area shall be landscaped to provide visual screening.
88 Toilet facilities are not permitted for Tennis Court C. Toilet facilities proposed for Tennis Court A
shall be 500mm above the defined Q100 flood level.
Environmental Management Plans
89 Prior to approval for a Development Permit for Operational Works, an Environmental
Management Plan for:
89.1 the Construction Stage, and
89.2 the Operational Stage
89.3 of the project shall be prepared to the reasonable satisfaction of Council.
90 These Environmental Management Plans shall be prepared and implemented to ensure that the
impact of the development on the environment is minimised and that the environmental values of
the site are protected and enhanced. The EMPs are to:
90.1 comply with AS00014, and
90.2 demonstrate a high level of environmental care and responsibility and be consistent with
best practice for developments of this type in similar environments.
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Construction Environmental Management Plan
91 The Construction Environmental Management Plan shall generally be in accordance with the
Construction Management Plan prepared by Tate Professional Engineers, dated August 2003.
However, it shall incorporate all amendments to the Plan of Development and address all
relevant Conditions of Approval.
92 The Construction Environmental Management Plan shall also:
92.1 reference all relevant Council Local Laws and Policies (eg. Trade Waste Policy, Local Law
10 – Vegetation Management, Draft Koala Management Plan, etc.),
92.2 reference all relevant Legislation (eg. Nature Conservation Act & Regulations, Queensland
Heritage Act, etc.),
92.3 include a specific section on vibration nuisance and management,
92.4 include a specific section on Trade Waste and recycling waste in accordance with
Council’s Trade Waste Policy,
92.5 include a specific section on the storage and handling of hazardous wastes,
92.6 include a specific section on acid sulphate soil management,
92.7 include a specific section on lake construction and management, and
92.8 incorporate the specific requirements of Cultural Heritage Management Plan prepared by
Davies Heritage Consultants.
93 Environmental Procedure EMP-EPO14 shall include reference to, and be consistent with, the
Ecological Restoration Plan, the Landscape Master Plan and the Lake Design and Management
Plan. All of these plans will specify:
93.1 weed control methods and standards, and
93.2 plant species to be used.
94 The Construction Environmental Management Plan shall apply to all works and activities
undertaken on any area of the site.
95 The Construction Environmental Management Plan shall incorporate the requirement for
monthly environmental compliance monitoring reports and annual audit reports to be submitted
to Council during the construction stages of the development. The format and content of these
reports shall be in hard copy and digital form, generally in accordance with the following:
95.1 include tables of the monitoring results (digital form should be in Excel);
95.2 include individual charts plotting the results for all parameters required in the monitoring;
95.3 include a brief written discussion of the results and recommend any necessary actions.
Operational Stage Environmental Management Plan
96 An Operational Stage Environmental Management Plan shall be prepared to give guidance to
the future Bodies Corporate for the community Group Title areas regarding appropriate
environmental protection and management for the site.
97 The Operational Stage Environmental Management Plan shall address, inter alia,
97.1 stormwater and water quality management;
97.2 sediment and erosion control;
97.3 management of the lake;
97.4 management of landscaped areas;
97.5 management of existing native trees and vegetation in residential areas;
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97.6 weed and pest control (particularly mosquitoes and cane toads);
97.7 management of Private Open Space areas;
97.8 protection of wildlife and their habitat;
97.9 bushfire prevention and control and include the Bushfire Information kit;
97.10 management and control of domestic pets,
97.11 energy efficient living;
97.12 management and maintenance of water conservation facilities (eg. rainwater tanks).
98 The Operational Stage Environmental Management Plan shall incorporate all amendments to
the Plan of Development and address all relevant Conditions of Approval. It shall also reference
all relevant Local Laws and Policies and legislation.
99 The developer and all future owners of the site shall comply with the Operational Stage
Environmental Management Plan and compliance with it shall be referenced in any community
management statement for any group title development over the site.
Sediment and Erosion Control Plan
100 Detailed staged Sediment and Erosion Control Plans shall be prepared for the site, to the
reasonable satisfaction of Council, and in accordance with the Institution of Engineers Australia
‘Engineering Guidelines for Queensland Soil and Sediment Control’ (June 1996) and in
particular using Checklist No. 3 from that document. The Sediment and Erosion Control Plans
shall cover all development on site (during the construction and operational stages), ecological
restoration, landscaping and remediation works.
101 The Sediment and Erosion Control Plans shall also apply to all areas of Open Space and shall:
101.1 identify existing erosion problems, and
101.2 specify appropriate remedial actions.
102 All necessary erosion and sediment control works and devices shall be provided by the
Developer.
Stormwater and Water Quality Management Plan
103 Prior to approval for a Development Permit for Operational Works, a Stormwater and Water
Quality Management Plan for the site shall be prepared to the reasonable satisfaction of Council.
It shall generally be in accordance with the Stormwater Management Plan prepared by 4 Site
(dated August 2003) amended in accordance with 4Site’s letter to Council of 6 November 2003
and their letter of 24 February 2004 and to be consistent with the amended plan of development
by Conics dated 12 September 2008. However, it shall incorporate all amendments to the Plan
of Development and address all relevant Conditions in this Approval.
104 The Stormwater and Water Quality Management Plan shall take into account matters specified
in section 19.4 of the Environmental Protection (Water) Policy 1997.
105 Key water quality objectives to be reflected in the Stormwater and Water Quality Management
Plan are for the protection of aquatic ecosystems in the lake and wetlands of the site and the
receiving waters of Weyba Creek.
106 The Stormwater and Water Quality Management Plan shall comply with and address, inter alia,
the following issues in relation to the construction, establishment and operational stages of the
development.
106.1 With the exception of the two approved detention basins located on the floodplain, all
necessary stormwater treatment and water quality devices associated with the
development shall be located within the ‘urban footprint’. They shall not be located in
‘Conservation Parkland’.
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106.2 During the construction stage, weekly inspections, monthly water quality monitoring and
monitoring after significant rainfall events (at least two per year) shall be undertaken for:
106.2.1 suspended solids and turbidity,
106.2.2 temperature,
106.2.3 salinity,
106.2.4 total nitrogen,
106.2.5 total phosphorous,
106.2.6 pH,
106.2.7 trash and gross pollutants, and
106.2.8 dissolved oxygen.
106.3 During the establishment and operational stages, water quality monitoring shall be
undertaken every third month and monitoring after significant rainfall events (at least two
per year) shall be undertaken for:
106.3.1 total nitrogen,
106.3.2 total phosphorous,
106.3.3 suspended solids and turbidity,
106.3.4 pH,
106.3.5 salinity,
106.3.6 temperature,
106.3.7 dissolved oxygen,
106.3.8 trash and gross pollutants,
106.3.9 algal count and identification, and
106.3.10 faecal coliforms.
106.4 The Developer shall continue this water quality monitoring for a period of 3 years from
completion of the final stage of construction. In addition, the Developer shall undertake
inspections for erosion and deposition, the build-up of trash and gross pollutants, and
other water pollution. These inspections will be carried out every third month as well as
after significant rainfall events, for a period of 3 years from completion of the final stage of
construction.
106.5 An operational stage Water Quality Management Plan shall be prepared to address water
quality performance targets, water treatment devices, water quality maintenance,
requirements for stormwater management measures and devices, contingency measures
for aquatic plant growth, loss of vegetation in swales and filter strips, pollution response
and algal blooms. It shall also include a mosquito management strategy and a cane toad
management strategy. The plan shall demonstrate compliance with the prescribed water
quality objectives. This Water Quality Management Plan shall be incorporated into the
Operational Stage EMP.
106.6 Responsibilities shall be clearly delineated.
106.7 Non-compliance with prescribed water quality standards will trigger the implementation of
measures to rectify the problem(s).
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106.8 During construction and establishment stages, monthly reports on monitoring, incidents,
corrective action and plan updates shall be submitted to Council. These reports shall be
submitted in a form acceptable to Council and shall highlight any non-standard results.
The format and content of these reports shall be in hard copy and digital form, generally in
accordance with the following:
106.8.1 including tables of the monitoring results (digital form should be in Excel);
106.8.2 include individual charts plotting the results for all parameters required in the
monitoring (digital form should be in Excel);
106.8.3 include a brief written discussion of the results and recommend any necessary
actions.
Water Quality Devices
107 The Developer shall install water quality control devices generally in accordance with the
Stormwater and Water Quality Management Plan. Detailed staging plans and specifications,
based on and generally in accordance with the Plan shall be prepared and submitted (after
consultation with officers of the Council) with the relevant applications for operational works.
108 Detention Basins D & E shall be constructed and operated in a manner that does not adversely
affect flood levels elsewhere on the floodplain, cause environmental harm or impact upon the
adjacent wetland, tidal or intertidal areas.
Drainage Works
109 The Developer shall complete the drainage works progressively in conjunction with development
of the site and generally in accordance with the approved Stormwater and Water Quality
Management Plan. Detailed drainage plans and specifications, based on and generally in
accordance with the approved Drainage Plan, the Construction EMP and these Conditions, shall
be prepared and submitted (after consultation with officers of the Council) with the relevant
applications for operational works.
110 All drainage works as required by the Drainage Plan shall be provided by the Developer at its
own cost.
Acid Sulfate Soils Management Plan
111 Prior to approval for a Development Permit for Operational Work for any component or stage of
the development, an Acid Sulfate Soils (ASS) Management Plan shall be provided for any
excavation works undertaken in areas below 5m AHD. The Management Plan shall outline the
ASS investigations undertaken and the management procedures to be undertaken in that part of
the site in accordance with State Planning Policy 2/02 ‘Planning and Managing Development
Involving Acid Sulfate Soils’.
112 The Acid Sulphate Soils Management Plans for each component or stage of the development
shall generally be in accordance with the Acid Sulphate Soil Investigation Report for the whole
site, prepared by Soil Surveys (dated July 2003).
113 At the group title components of the site the developer shall provide for refuse collection
arrangements that are in accordance with an approved Refuse Management Plan. Where there
are any communal refuse collection points a suitably screened wash down area is required with
a cold-water tap, hose and drain outlet connected to sewer. The drain outlet is to be designed to
prevent stormwater entry to the sewerage system.
114 Street litter bins to a design approved by Council, shall be supplied and installed at the
developers expense at agreed locations.
115 An approved waste management plan must be approved by Council’s Manager of
Environmental Health prior to the commencement of operational works.
The existing plan dated 29 August 2003 is deficient in adequate details of:
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115.1 collection areas for refuse and recycle bins for the group title areas.
115.2 bin wash facilities for group title areas.
115.3 location and servicing of public street letter bins at parks, pool, jetty and other areas of the
site.
116 Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or located
in a manner which prevents a noise nuisance beyond the subject land in accordance with the
nuisance provisions of the Environmental Protection Regulation 1998. On the spot fines apply
for such offences.
117 Noise emission from air conditioning equipment shall comply with the following requirements:
117.1 The equipment shall be installed and located in a manner which prevents noise nuisance
beyond the subject land in accordance with the nuisance provisions of the Environmental
Protection Regulation 1998 and Council’s Local Law No. 12 - Control of Nuisances.
Infringement Notices (on-the-spot fines) may apply for offences.
117.2 Submission of written certification from a suitably qualified person confirming that the noise
levels comply when measured at the nearest residential boundary. This is required
immediately after installation of the equipment and prior to any occupation of the building,
and in a format approved by Council.
117.3 A person must not use equipment on any day if it makes or causes noise to be made –
117.3.1 Before 7am or after 10pm: More than the lower of either –
40 d(B)A
3 d(B)A above the background noise level
117.3.2 From 7am to 7pm: More than the lower of either –
50 d(B)A
5 d(B)A above the background noise level
117.3.3 From 7pm to 10pm: More than 3 d(B)A above the background noise level.
118 As the proposal is to be located in close proximity to residential areas, a Noise Exposure
Forecast/Plan from an acoustic consultant shall be submitted with respect to possible noise
emissions during construction. This Forecast/Plan must include the following:-
118.1 The measures to be taken under the plan to minimise the adverse effects of the operations
on the environmental values;
118.2 Persons responsible for carrying out each of the measures;
118.3 Maximum, Leq, L10, L90 and background levels for the operations;
118.4 Noise monitoring to be undertaken for the operations;
118.5 Processes for dispute resolution that the applicant must follow to deal with complaints
received about the impact of the noise from the operations;
118.6 How compliance with the Environmental Protection Regulation 1998 for noise emissions is
to be achieved.
119 Adequate control measure must be implemented by the Body Corporate to control noise and
lighting emissions from the tennis courts
Land Development
General
120 For the purpose of these conditions, the following definitions apply: -
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120.1 A Plan of Survey means the plan for the reconfiguration of a lot required to be endorsed
by Council pursuant to S3.7.1 of the Integrated Planning Act 1997.
120.2 A Registered Professional Civil Engineer means an engineer who is registered with the
board of Professional Engineers of Queensland..
120.3 Carparking area means a parking area as defined in the Schedule to the Shire of Noosa
Planning Scheme inclusive of manoeuvring areas and access from the roadway.
120.4 The person acting on this permit means any person or company who undertakes
development pursuant to this permit.
120.5 AS 2890.1 – 1993 means Australian Standard for Off Street Carparking - AS 2890.1-1993.
120.6 Principal Contractor means the person nominated by the Applicant and approved by the
Manager - Land Development at a pre-start meeting as being responsible for the major
component of works associated with a Development Permit for Operational Works of any
works on the site.
121 The lot reconfiguration shall be in accordance with Drawing No 6994-53M Revision M prepared
by Conics and dated 12 September 2008 as modified herein.
122 Pursuant to Section 3.5.21(6) of the Integrated Planning Act 1997, the currency period is four (4)
years from the day this permit takes effect during which time all conditions must have been
complied with, operational works completed, and the Plan of Survey lodged with the Council for
endorsement.
123 In conjunction with the lodgement of the Plan of Survey for Council endorsement, legal
documentation shall be presented to Council and shall be submitted in the correct form with the
fees prescribed in Council's adopted fee schedule.
124 Pursuant to Section 3.7.3(b) of the Integrated Planning Act, all outstanding rates and charges
due and payable to Noosa Council in respect of the lots being reconfigured shall be paid prior to
endorsement of the Plan of Survey for each stage.
125 An underground electricity service shall be provided to each lot if not already provided.
In this regard, an approved ENERGEX Electrical Design Consultant shall work in conjunction
with Council’s Manager - Works Support to prepare detailed designs of the electrical proposal.
The detailed deigns shall then be submitted to ENERGEX for approval and a copy of their
approval submitted to Council in conjunction with a “Certificate of Electricity Supply for Proposed
Subdivisions” (prepared by an approved ENERGEX Electrical Design Consultant) prior to
Council endorsing the Plan of Survey.
Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant shall be
wholly at the applicant’s expense and shall not entail a financial encumbrance on future
purchasers of the proposed lots.
Street lighting and pathway lighting throughout the subdivision shall have a high energy efficient
rating to the reasonable satisfaction of Council and shall generally be provided in accordance
with the principles of Council’s Engineering Design Standards, section 11.3.3.
126 The requirements for TELECOMMUNICATION services shall be satisfied in relation to the
provision of new telephone services to the proposed lots. In this regard written confirmation
from an approved telecommunication agency shall be submitted to the Council prior to Council
endorsing the Plan of Survey.
127 Prior to undertaking any excavation, the person acting on this permit shall contact public utility
service providers to ascertain the location of their underground services.
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128 The person acting on this permit shall apply and obtain for all other necessary permits including
crane permits, road opening permits, hoarding permits, footpath occupation permits and/or any
other approvals required under any other Act.
129 Prior to commencement of work relating to a Development Permit for Operational Works, the
Applicant shall sign a written undertaking to be responsible for the full cost of repairs to road
pavement, footpath, kerb and gutter, or other Council property damaged as a result of
construction of the proposed development.
If any person acting under this permit damages any Council property or facilities (such as
underground drainage, water supply and sewerage) , through any cause whatsoever in the
course of, directly or indirectly carrying out development, that person shall forthwith notify the
Manager - Land Development and shall forthwith rectify that damage at its cost and to the
satisfaction of the Manager - Land Development. Alternatively, the Applicant may request the
Council to carry out the rectification works.
Any damage to a water main shall be rectified by Council. Any damage to a sewer main shall be
undertaken by either Council or a Council approved contractor.
In all cases, Council reserves the right to carry out rectification works in an emergency and
where no reasonable attempt has been made to complete the rectification works as part of the
development.
All costs incurred by Council in any rectification works shall be repaid to Council prior to the
endorsement of the Plan of Survey.
Minimum Habitable Floor Levels
130 All buildings proposed on site (and areas utilised for carparking purposes associated with the
buildings) shall be constructed to comply with Council’s Minimum Floor Height requirements as
defined in Council’s Planning Scheme and on Council’s Scheme Maps at the time of issue of the
Building Permit.
In this regard and as an indication only – the site should have a Minimum Floor Height of RL 2.5
(AHD). These levels however are subject to change and verification shall be made to Council’s
Land Development Section prior to obtaining a Development Permit for Building Works.
Vehicle Access
131 Vehicle access shall be provided to and within the site generally as shown on drawing number
C5093/03/L4a Preliminary Street Network Plan dated 12/08/03 by Tate Professional Engineers.
Access arrangements will be amended if required when the amended Plan of Development is
accepted by Council.
132 The access to Lot 100 is to be located 30 metres from the holding line of the roundabout at Road
R1-R3 intersection.
133 A vehicular access driveway shall be designed and constructed from the street frontage of the
site for each lot in accordance with the following:
133.1 A minimum width of 3 metres and a maximum width of 4.5 metres outside the property and
6 metres inside the property.
133.2 Consideration given to nearby traffic calming devices and provide sufficient separation to
road intersections, in accordance with Austroads Part 5, Intersections at Grade.
133.3 Council’s design standards and to grades that prevent vehicles from scraping and/or
bottoming. Should any driveways be constructed to grades that do not comply with
AS2890.1-2004, Council will require that the driveway be removed and reconstructed to
levels that do comply.
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The Community Management Statement shall include the requirement for vehicles to be
parked so that they do not protrude more than 5.4 metres from the garage doors and do
not protrude within 3 metres of the back of kerb.
Carparking
134 On Street parking spaces shall be located on the opposite side of the road to that of the swale
drains. In the case R6 where the swale drain is located on the same side of the road to the
indented parking, a piped system shall be provided.
135 Carparking shall be provided within the site as shown on drawing number C5093/03/L4a
Preliminary Street Network Plan dated 12/08/03 by Tate Professional Engineers, except as
modified herein.
136 The carparking area shall be designed to comply with the provisions of AS 2890.1-1993 for user
class 3.
Roads
137 Road shall be constructed in accordance with the widths set out in Council’s Engineering
Standards with the exception of Road R3 which may be constructed to a width of 8 metres kerb
to kerb. Road reserve widths shall be in accordance with Drawing No 6994-53M Revision M
prepared by Conics and dated 12 September 2008.
138 Roads widths within the Group Housing areas will be set prior to the issue of a development
permit for these areas.
Roadworks Contributions
139 A roadworks contribution of $2,711.45 per additional lot for each stage towards the Coastal
Major Road Network shall be paid to the Council prior to endorsement of the Plan of Survey for
the stage. This amount will be subject to variations in the Price Index, All Groups Brisbane from
September 2003 until the date of payment.
Frontage Works
140 Footpath improvements such as topsoiling, grassing, and tree planting are required to all street
frontages in accordance with Planning Scheme Policy PSP1 Landscaping Guidelines. Grass
shall be couch, free of weeds.
141 A new 1.5 metre wide concrete path shall be constructed along the length of R1, R2 (from Lot 1
to Lot 21) and R3 in accordance with Council’s design standards. Care shall be taken to protect
any significant vegetation or any underground services.
142 A pram ramp shall be installed at the intersection of R2 and R3 and at the intersection of R3
and R8 in accordance with Council’s Standard Drawing 9006.
143 The paths and pram ramp shall be designed and constructed to ensure pedestrian safety using
non-slip materials and to produce an evenly graded surface finish.
Pathway Construction
144 A 2.0 metre wide concrete shared pathway shall be constructed along the Weyba Creek
frontage of the site as shown on plan Drawing No 6994-53M Revision M prepared by Conics and
dated 12 September 2008 shall connect to the Eenie Creek Road reserve bikepath/pathway at
the proposed bicycle gate.
145 1.5 metres wide concrete pathway shall be constructed along the rest of the pathway network
indicted on Drawing No 6994-53M Revision M prepared by Conics and dated 12 September
2008, with the exception of the section negotiating the escarpment which will be decided upon at
operational works stage.
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Pathway Contributions
146 A pathway contribution of $235.75 per additional lot for each stage towards external major
pathways, in accordance with Planning Scheme Policy PSP41 Coastal Major Pathway
Contributions, shall be paid to the Council prior to endorsement of the Plan of Survey for the
stage. This amount will be subject to variations in the Price Index, All Groups Brisbane from
September 2003 until the date of payment.
Sewer Mains
147 The site shall be connected to Council’s existing sewerage reticulation systems and be
constructed in accordance with Council’s standards and requirements at no cost to Council.
148 The sewerage network will be generally in accordance with Tate Professional Engineers
Drawing No. C5093/03/L6a Preliminary Water and Sewer Layout Plan dated 12/08/03.
149 A Sewer Master Plan is required to be submitted for approval in conjunction with the application
for a development permit.
Town Water Supply
150 The water supply network will be generally in accordance with Tate Professional Engineers
Drawing No. C5093/03/L6a Preliminary Water and Sewer Layout Plan dated 12/08/03.
151 A Water Supply Master Plan is required to be submitted for approval in conjunction with the
application for a development permit.
152 The site shall be connected to Council’s existing town water supply and be constructed in
accordance with Council’s standards and requirements at no cost to Council.
153 Each water connection to the water reticulation system shall extend to the property boundary
and be metered. All fees for the supply of water meters shall be paid to the Council.
154.Registered easements shall be created over all proposed Council water mains within the
property. The easements shall generally be parallel to and centred over the water main and be
equivalent in width to twice the depth to invert level of the water main at the deepest point within
the allotment (measured from the finished surface) and be no less than 3.0 metres wide. In this
regard, plans submitted for Operational Works approval shall accurately show the location of the
easements.
Where a Council water main coincides with an internal road reserve, the road reserve is to be
dedicated as a water supply easement to provide maintenance access.
In addition to this, the Applicant’s solicitor shall give Council’s solicitor an appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged at the
Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of
Council will be attended to promptly.
A duly executed copy of the easements shall be submitted to Council for perusal prior to the use
commencing. Any changes required by Council’s solicitor must be corrected immediately.
Service Easements
155. The access easement for maintenance of Council’s trunk main adjacent to Eenie Creek Road
along the proposed access to 12 and 13, as indicated on Drawing No 6994-53M Revision M
prepared by Conics and dated 12 September 2008, shall be an all weather access track
(including across the open space) to be constructed by the applicant at no cost to Council.
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156. A registered easement shall be created over all proposed Council sewer mains within private
property. The easements shall generally be parallel to, and centred over, the sewer main and
be equivalent in width to twice the depth of invert level of the sewer at the deepest point within
the allotment (measured from the finished surface) and be no less than 3.0 metres wide.
Where Council sewer mains coincide with internal road reserves, the road reserve is to be
dedicated as a sewerage easement to provide maintenance access.
Should the developer utilise private sewers inside individual allotments (ie not in Common
Property), provision shall be made to facilitate maintenance access. In this regard a width
equivalent to twice the depth to invert level of the private sewer at the deepest point within the
allotment (measured from the finished surface) or a minimum of 2.0 metres shall be provided.
Private easements that would alert all potential owners, shall be created over the maintenance
access areas for all private sewers if used. Maintenance responsibilities and building set-back
requirements for any private sewers shall also be clearly designated in the Body Corporate’s
Community Management Scheme.
In this regard, where private sewers are utilised, plans submitted for Operational Works
approval shall be amended to accurately show the location of the Council easements and
private easements.
In addition to this, the Applicant’s solicitor shall give Council’s solicitor an appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged at the
Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of
Council will be attended to promptly.
A duly executed copy of the easements shall be submitted to Council for perusal prior to the
use commencing. Any changes required by Council’s solicitor must be corrected immediately.
157. No building or other structure including fountains, retaining walls, etc. (excluding fences) shall
be constructed or encroach over a Council easement or private sewer access. Any building or
structure within proximity of an easement, private sewer access, or any other public utility’s
underground must have its foundations designed so that no surcharge loads are imposed
upon such underground infrastructure. Foundations must be taken down a minimum of 1
metre below a line of influence measured 1 metre in the direction of the foundation from the
centreline of the closest underground service and along the natural angle of repose of the
foundation soil type(s).
Plans and supporting documents, detailing these proposed foundations shall be designed by a
registered practising Geotechnical Engineer and submitted with the application for a
Development Permit for Material Change of Use for the dwelling houses.
Headworks
158. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28
and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks
Contributions respectively and at the rates applicable at the time of payment. An estimate only
of the contribution rates as of September 2003 under the current policies is as follows:
Water Supply $4,076
Sewerage $1,441
TOTAL $5,517 per additional lot
All headworks contributions must be paid prior to endorsement of the Plan of Survey for each
stage.
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2003/220735
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
headworks contributions not be paid at the due time, Council shall call upon the trading bank
guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is
cancelled, the contribution or trading bank guarantee will be returned.
Acid Sulfate Soils Report
159. The development shall be carried out in accordance with the Acid Sulfate Soils Report
prepared by Soil Surveys Engineering Pty Ltd titled, Acid Sulfate Soils Investigation, Weyba
Ranch and dated July 2003.
Earthworks
160. Filling works required on site shall be carried out in accordance with Section 3.8 of Council’s
Engineering Design Standards Manual and so as not to cause the ponding of water on any
adjoining lands or the blockage of, or interference with, any natural watercourses.
This will require the design and construction of drainage pipes within the development site that
cater for drainage within the adjoining sites and in this regard a Development Permit for
Operational Works shall be obtained.
161. Where a change in the levels of the site outside of an existing or proposed road reserve is
approved, the site shall be filled or cut so that each lot drains towards a road frontage unless a
proposed drainage system will collect stormwater from off each lot and discharge the
stormwater to an adequate Council stormwater drainage system.
Such works undertaken on the site shall be carried out in accordance with Section 3.8 of
Council's "Engineering Design Standards" Manual so as not to cause any ponding of water on
any adjoining land, or the blockage of, or interference with any natural watercourses.
162. A registered practicing Geotechnical Engineer shall test the existing ground conditions for
suitability of placing additional fill, prior to such fill being placed.
Filling works shall be restricted to the subject site itself, and the finished fill levels are to taper
to the existing levels prior to the rear boundary of the property. Batters shall be at a maximum
grade of 1:4 unless retained by a wall.
Any existing fill or natural materials on the site or with the extent of approved works external to
the site which do not satisfy the Manager - Land Development's or a Geotechnical Engineer's
requirements shall be removed and replaced with suitable material.
163. Fill shall be compacted to 95% relative dry density as per Main Roads Department Test No.
Q8A. A registered practicing Geotechnical Engineer shall supervise all the placement of fill and
shall certify that all lots have been compacted to the required standard.
Any existing fill on the site that does not comply with Council’s requirements shall be removed
at the direction of the Manager - Land Development prior to additional filling works
commencing.
164. Following completion of the filling works and prior to endorsement of the Plan of Survey, the
registered practicing Geotechnical Engineer supervising the works shall submit compaction
tests across the entire filled areas and a site classification report for each lot subject to filling.
The extent of fill and each lot site classification shall be shown on a metes and bounds survey
plan.
165. An appropriate property notation shall be placed on Council's rates records to advise
prospective purchasers of lots that have been filled that special foundations requirements will
apply.
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2003/220735
166. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences that border the development site unless it is intended to replace such fences. In this
regard any fences to be replaced shall be clearly shown on the plans submitted for Operational
Works approval.
167. The dams to be retained shall be reshaped in order to ensure safety standards for egress after
accidental entry apply.
Erosion and Sediment Control
168. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to
be submitted to the Council for approval prior to obtaining a Development Permit for
Operational Works.
General
169. Any damage caused to any public utility during the course of construction shall be repaired to
Council’s standards and at no cost to Council.
170. 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.
171. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to or
from the site shall be covered to prevent materials including dust being windblown from the
vehicle.
Additional Conditions
Public Access
172. The applicant shall grant all necessary easements in gross for the purposes of access over
those internal roads necessary to provide direct access for the public from Noosa Springs
Drive to the Conservation & Recreation Parklands.
173. The development shall be ungated to permit public access to the Conservation & Recreation
Parklands at all times.
Lot 902
174. Lot 902 shall be ecologically restored as a koala corridor, with a small landscape entry
statement compatible with the natural character of the locality permitted to the reasonable
satisfaction of the Manager, Land Use.
Town Water Supply
175. The water supply network shall provide a minimum 150mm diameter loop main with a
minimum of two separate connections to the existing main within the Noosa Springs
Development. The locations of the connections and configuration of the loop main shall be to
the standards and requirements of Noosa Council.
176. All internal reticulation mains servicing individual “group title lots” shall be designated as
Council mains.
177. Each individual “group tile lot” is to be provided with a metered water connection to the
standards and requirements of Noosa Shire Council.
178. A separate single metered water service and reticulation system is to be provided for all Body
Corporate flows.
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2003/220735
Sewer
179. All sewerage pump stations, reticulation mains and sewer rising mains shall be designated as
Council assets except for the sections of sewer contained within private allotments which will
be private sewers maintained by the body corporate.
Additional Condition 28/10/05
180. Security in the form of a cash bond or trading bank guarantee to the sum of $250,000 must be
submitted, to secure performance of all conditions of this approval, prior to any works
commencing on site. The cash bond or trading bank guarantee will be returned on
performance of the conditions of approval less any costs incurred by Council in respect of
enforcing performance of this permit.
Additional Conditions 16/09/08
181. The community club house as shown on the Plan of Development Drawing No 6994-53M
Revision M prepared by Conics and dated 12 September 2008 shall be operated as ancillary
recreational facilities to the Group Housing Development and shall be for the use of residents
and their guests only. The facility is not permitted for use by the general public.
182. The area surrounding the community club house shall be landscaped in accordance with
Council’s Policy on Landscaping Guidelines. A properly prepared landscape plan shall be
submitted to Council prior to the issue of Building Works and be to the satisfaction of the CEO.
Such landscaping is to be completed prior to the premises being occupied and maintained at
all times thereafter.
183. No functions or amplified music shall be carried out from the community club house, unless
otherwise approved by the body corporate.
184. Lighting associated with the community club house shall be hooded to ensure that excessive
light spillage does not occur beyond the private open space precinct.
185. Swimming pools shall be fully fenced in accordance with AS1926.1.
186. Prior to the issue of Building Works, the following shall be updated to the reasonable
satisfaction of the CEO:-
i. Construction Environmental Management Plan;
ii. Sediment and Erosion Control Plan; and
iii. Stormwater and Water Quality Management Plan.
All works shall be carried out in accordance with the above plans
187. The Operational Stage Environmental Management Plan shall be updated to the reasonable
satisfaction of the CEO prior to the commencement of the use. All works shall be carried out
in accordance with this plan.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Contaminated land Concurrence Environmental GPO Box 2771
Agency Protection Agency BRISBANE QLD 4001
A copy of any referral agency conditions is attached.
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2003/220735
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
6994-53M M Plan of Development (Master Plan incl. 12 September 2008
Setbacks) – Conics (Sunshine Coast)
Pty Ltd
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. A Registered Professional Engineer of Queensland shall certify engineering drawings and
specifications for all engineering works, which shall be submitted in conjunction with an
application for a Development Permit for Operational Works.
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
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2003/220735
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Lot Creation of 189 Group Housing Lots
Reconfiguration
Development Permit for Operational Landscaping, Access and/or Carparking, Site Civil
Works Works, Roadworks, Stormwater Drainage, Frontage
Works, Sewer Reticulation (Including New Mains,
Relocations, Diversions, Pump Stations and Rising
Mains), Water Reticulation, Site Filling, Excavation of
Materials to Fill Another Site.
Development Permit for Building Works 189 Dwellings & Ancillary Facilities
11 SELF ASSESSABLE CODES
Not applicable
12 SUBMISSIONS
There were twelve (12) properly made submissions about the application.
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
Original Decision Notice 29/04/04
Negotiated Decision Notice with amendment
to Conditions 2.1 2.2, 2.3, 2.4, 2.7, 2,10, 3.2,
3.7, 4, 8, 10, 12, 15, 18, 19, 24, 27, 30, 31,
39, 43, 50, 58, 60, 63, 65, 66, 67, 76, 81, 84,
85, 106, 113, 121, 131, 135, 137, 144, 145,
148, 150 and 155 and deletion of Conditions
1, 2.9, 2.11, 2.12, 2.13, 25 and 172.4.
Council changed the development approval to
a group housing development of 189 dwelling
units and amended Conditions 2, 3.4, 3.5, 12,
65, 81, 85, 88, 121, 137, 144, 145, 154, 155
and additional Conditions 172, 173, 174, 175,
176, 177, 178 and 179 on 16 December 2004
Minor Change to the approval with
amendment to Conditions 2.8.2, 3.4 and 3.7
on 25 August 2005.
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2003/220735
Minor Change to the approval with
amendment to Conditions 6, 7, 139, 146, 154,
156, 157, 158 and 179, deletion of condition
49 and inclusion of one additional Condition
on 28 October 2005.
Minor Change to the approval with
amendment to Conditions 2, 2.8.2, 2.10, 2.11,
88 & 133, Inclusion of additional conditions
2.14 & 2.15 and deletion of Conditions 2.12,
2.13 and 3.3 on 13 April 2006.
Change to the approval with amendment to
Conditions 2.3 & 4 on 7 April 2008.
Change to the development approval with
amendment to Conditions 2, 65, 81, 103, 121,
137, 144, 145 & 155 and inclusion of seven
additional conditions.
Yours faithfully,
Kerri Coyle
MANAGER – LAND USE
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2003/220735
Referral Agency Conditions -
Environmental Protection Act
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
1. At all times while the use continues and the subject land is on the Environmental
Management Register (EMR) the applicant must comply with the approved Site
Management Plan (SMP) and Remediation Action Plan (RAP) for Lot 2 on RP904900 issued
under the Environmental Protection Act 1994 by the Environmental Protection Agency
(Contaminated Land Unit).
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2003/220735
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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 a
4.1.27.(1) An applicant for a development application concurrence agency code, appeal rights for
may appeal to the court against any of the following- submitters for the application are not available against
(a) the refusal, or the refusal in part, of a development the part of the approval that represents the
application; concurrence agency’s response for the code.
(b) a matter stated in a development approval, Appeals by advice agency submitters
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
1
under section 3.1.6; a development approval for a development
(c) the decision to give a preliminary approval when a application if-
development permit was applied for; (a) the development application involves impact
(d) the length of a currency period; assessment; and
(e) a deemed refusal. (b) the advice agency told the applicant and the
(2) An appeal under subsection (1)(a) to (d) must assessment manager to treat its response to the
be started within 20 business days (the “applicant’s application as a submission for an appeal.
appeal period”) after the day the decision notice or (2) The appeal must be started within 20 business
negotiated decision notice is given to the applicant. days after the day the decision notice or negotiated
(3) An appeal under subsection (1)(e) may be decision notice is given to the advice agency as a
started at any time after the last day a decision on the submitter.
matter should have been made. Appeals for matters arising after approval given
Appeals by submitters (co-respondents)
4.1.28.(1) A submitter for a development application 4.1.30.(1) For a development approval given for a
may appeal to the court about- development application, a person to whom any of the
following notices have been given may appeal to the
(a) the giving of a development approval, including court against the decision in the notice-
any conditions (or lack of conditions) or other
provisions of the approval; or (a) a notice giving a decision on a request for
extension of the currency period for an approval;
(b) the length of a currency period for the approval.
(b) a notice giving a decision on a request to make a
(2) The appeal must be started within 20 business minor change to an approval.
days (the “submitters appeal period”) after the day
the decision notice or negotiated decision notice is (2) The appeal must be started within 20 business
given to the submitter. days after the day the notice of the decision is given
to the person.
(3) If a person withdraws a submission before the
application is decided, the person may not appeal the (3) Subsection (1)(a) does not apply if the
decision. approval resulted from a development application
(superseded planning scheme) that was assessed as
(4) If an application involves both impact if it were an application under a superseded planning
assessment and code assessment, appeal rights for scheme.
submitters are available only for the part of the
application involving impact assessment. (4) Also, a person who has made a request
mentioned in subsection (1) may appeal to the court
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
1
Section 3.1.6 (Preliminary approval may override local matter should have been made.
planning instrument)
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2003/220735
Division 9 - Appeals to court about other matters Appeals by applicants
Appeals for matters arising after approval given 4.2.9(1) An applicant for a development application
(no co-respondents) may appeal to the Building and Development Tribunal
4.1.31.(1) A person to whom any of the following against any of the following-
notices have been given may appeal to the court (a) the refusal, or the refusal in part, of a development
against the decision in the notice- application;
(a) a notice giving a decision on a request to change (b) a matter stated in a development approval,
or cancel a condition of a development approval. including any condition applying to the
2
(b) a notice under section 6.1.44 giving a decision to development, and the identification of a code
3
change or cancel a condition of a development under section 3.1.6;
approval. (c) the decision to give a preliminary approval when a
(2) The appeal must be started within 20 business development permit was applied for;
days after the day the notice of the decision is (d) the length of a period mentioned in section 3.5.21
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 (2) An appeal under subsection (1)(a) to (d) must
the court against a deemed refusal of the be started within 20 business days (the “applicant’s
request. appeal period”) after the day the decision notice or
(4) An appeal under subsection (3) may be started negotiated decision notice is given to the applicant.
at any time after the last day the decision on (3) An appeal under subsection (1)(e) may be
the matter should have been made. started at any time after the last day a decision on the
Appeals against decisions to change approval matter should have been made.
conditions under the repealed Act The Registrar for the Building and Development
4.1.33A.(1) A person who is dissatisfied with a Tribunal may be contacted at the website
decision made on an application to change the http://www.localgovernment.qld.gov.au/
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.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to
development applications
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 local
agency in certain circumstances) planning instrument)
Page 32 of 32
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