Council archive · source document
SUPERSEDED Decision Notice - 010.2008.00000256.001 [As Published] · 142008.256
Officer: Daniel Smith
Direct Telephone: (07) 5449 5106
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/256
Your Reference:
24 June 2008
Viridian Noosa Pty Ltd
PO Box 2360
NOOSA HEADS QLD 4567
Dear Madam
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 24 June 2008 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/256
Street address: 5 Morwong Drive, Noosa Heads
Real property description: Lot 888 SP 186498, Lot 1 SP 209133 & Lot 889 SP 203086
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Operational Works - Landscaping
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered, titled and dated:
Plan / Rev. Plan / Document Name Date
Document
No.
L-LE-002 OP1 Legend - EDAW 12 Feb 2008
L-LE-003 OP1 Planting Schedule – EDAW 12 Feb 2008
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L-TR-101 OP1 Tree Retention Plan – EDAW 12 Feb 2008
L-TR-102 OP1 Tree Retention Plan – EDAW 12 Feb 2008
L-TR-103 OP1 Tree Retention Plan – EDAW 12 Feb 2008
L-SF-201 OP1 Surface Finishes - EDAW 12 Feb 2008
L-SF-202 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-203 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-204 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-205 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-206 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-207 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-208 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-209 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-210 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-211 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-212 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-213 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-214 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-215 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-216 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-217 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-218 OP1 Surface Finishes – EDAW 12 Feb 2008
L-PP-401 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-402 OP1 Planting Plan - EDAW 12 Feb 2008
L-PP-403 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-404 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-405 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-406 OP1 Planting Plan – EDAW 12 Feb 2008
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2008/256
L-PP-407 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-408 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-409 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-410 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-411 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-412 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-413 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-414 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-415 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-416 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-417 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-418 OP1 Planting Plan - EDAW 12 Feb 2008
L-SFP-701 OP1 Roof Water Runoff Stabilisation Plan – EDAW 12 Feb 2008
L-SFP-702 OP1 Roof Water Runoff Stabilisation Plan – EDAW 12 Feb 2008
L-SFP-703 OP1 Roof Water Runoff Stabilisation Plan – EDAW 12 Feb 2008
L-DT-901 OP1 Details – EDAW 12 Feb 2008
L-DT-902 OP1 Details – EDAW 12 Feb 2008
L-DT-903 OP1 Details – EDAW 12 Feb 2008
L-DT-904 OP1 Details – EDAW 12 Feb 2008
L-DT-905 OP1 Details – EDAW 12 Feb 2008
L-DT-906 OP1 Details – EDAW 12 Feb 2008
L-DT-907 OP1 Details – EDAW 12 Feb 2008
2. All manholes, inspection pits and grates are to be raised to finished surface levels and kept
free of cover and be visible at all times to ensure prompt access in case of emergency.
3. All trees must be planted a minimum distance of 1 metre from all services. All koala food and
habitat trees must have any trenches located a minimum of 1.5m from the tree trunk, with
trenches within 4m of the tree trunk to be on one side of the tree only; tree roots greater than
100mm diameter will generally not be cut but will be protected by tunnelling or bridging, and
tree roots less than 100mm diameter will be cut cleanly and appropriately treated.
4. Retaining walls are to be faced with natural stone of muted earth colours.
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2008/256
5. Any retaining wall not forming part of the pool or building and greater than 800mm in height
(excluding crib walls) must have timber posts installed at 10 m intervals with a diameter
greater than 200mm for koala access, or retaining walls must have modest slope and suitable
textures to facilitate climbing by koalas.
6. Any unfenced pools must have a rope installed for koalas to exit the pool.
7. Work required on and around existing trees is to be supervised and instructed under the
guidance of a suitably qualified arborist. Prior to the felling or lopping of trees in construction
work areas a qualified fauna spotter is to assess the trees for the presence of fauna, and
recommend appropriate action.
8. Protection of trees is to be carried out during building work. Trees to be retained on sites are
to be isolated with orange safety mesh around the tree’s canopy ‘drip line’, or generally to a
minimum distance of 1.5m from the trunk where this is not practically possible. No earth is to
be deposited around the base of any tree.
9. The relevant requirements of the Flora and Fauna Implementation Management Plan and the
Koala Implementation Management Plan must be complied with at all times.
10. The landscaping construction must be implemented in accordance with horticultural industry
best practices.
11. The development of the site shall be carried out in such a manner as to prevent dust and/or
sand nuisance to residents in the vicinity of the development.
12. Construction work and other associated activities are permitted only during the hours of 7.00
am and 6.00 pm Monday to Saturday. No work is permitted on Sundays or public holidays,
except where extended hours are approved by the Manager-Land Development or his
nominee.
13. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, ‘on the spot’ fines may be issued. Such fines
can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system or natural waterways.
14. The requirements of this development approval are to be effected, prior to the use of the
relevant premises. Council reserves the right to call upon the bond or guaranteed sum
applicable to the overall site to effect compliance with conditions.
15. This Development Permit lapses if the development has not happened by 24 June 2010,
unless application to extend the currency is approved by Council.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
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2008/256
Plan / Rev. Plan / Document Name Date
Document
No.
L-LE-002 OP1 Legend - EDAW 12 Feb 2008
L-LE-003 OP1 Planting Schedule – EDAW 12 Feb 2008
L-TR-101 OP1 Tree Retention Plan – EDAW 12 Feb 2008
L-TR-102 OP1 Tree Retention Plan – EDAW 12 Feb 2008
L-TR-103 OP1 Tree Retention Plan – EDAW 12 Feb 2008
L-SF-201 OP1 Surface Finishes - EDAW 12 Feb 2008
L-SF-202 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-203 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-204 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-205 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-206 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-207 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-208 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-209 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-210 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-211 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-212 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-213 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-214 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-215 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-216 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-217 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-218 OP1 Surface Finishes – EDAW 12 Feb 2008
L-PP-401 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-402 OP1 Planting Plan - EDAW 12 Feb 2008
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2008/256
L-PP-403 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-404 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-405 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-406 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-407 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-408 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-409 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-410 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-411 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-412 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-413 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-414 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-415 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-416 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-417 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-418 OP1 Planting Plan - EDAW 12 Feb 2008
L-SFP-701 OP1 Roof Water Runoff Stabilisation Plan – EDAW 12 Feb 2008
L-SFP-702 OP1 Roof Water Runoff Stabilisation Plan – EDAW 12 Feb 2008
L-SFP-703 OP1 Roof Water Runoff Stabilisation Plan – EDAW 12 Feb 2008
L-DT-901 OP1 Details – EDAW 12 Feb 2008
L-DT-902 OP1 Details – EDAW 12 Feb 2008
L-DT-903 OP1 Details – EDAW 12 Feb 2008
L-DT-904 OP1 Details – EDAW 12 Feb 2008
L-DT-905 OP1 Details – EDAW 12 Feb 2008
L-DT-906 OP1 Details – EDAW 12 Feb 2008
L-DT-907 OP1 Details – EDAW 12 Feb 2008
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2008/256
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Nil
11 SELF ASSESSABLE CODES
Not applicable
12 SUBMISSIONS
Not applicable
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).
15 OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
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2008/256
Yours faithfully,
Daniel Smith
ASSISTANT PLANNING OFFICER
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[OCR of page images]
2008/256
Yours faithfully,
Daniel Smith
ASSISTANT PLANNING OFFICER
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2008/256
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
(5) If an application is processed under section
The following is an extract from the Integrated 6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4). application are available only for the aspects of the
development that would have required public
Division 8 - Appeals to court relating to
notification under the repealed Act.
development applications
Appeals by applicants (6) If an application involves assessment
4.1.27.(1) An applicant for a development against a concurrence agency code, appeal rights
application may appeal to the court against any of for submitters for the application are not available
the following- against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a concurrence agency’s response for the code.
development application; Appeals by advice agency submitters
(b) a matter stated in a development approval, 4.1.29.(1) An advice agency may, within the limits
including any condition applying to the of its jurisdiction, appeal to the court about the
development, and the identification of a code giving of a development approval for a
1
under section 3.1.6; development application if-
(c) the decision to give a preliminary approval (a) the development application involves impact
when a development permit was applied for; assessment; and
(d) the length of a currency period; (b) the advice agency told the applicant and the
(e) a deemed refusal. assessment manager to treat its response to
the application as a submission for an appeal.
(2) An appeal under subsection (1)(a) to (d)
must be started within 20 business days (the (2) The appeal must be started within 20
“applicant’s appeal period”) after the day the business days after the day the decision notice or
decision notice or negotiated decision notice is negotiated decision notice is given to the advice
given to the applicant. agency as a submitter.
(3) An appeal under subsection (1)(e) may be Appeals for matters arising after approval given
started at any time after the last day a decision on (co-respondents)
the matter should have been made. 4.1.30.(1) For a development approval given for a
Appeals by submitters development application, a person to whom any of
the following notices have been given may appeal
4.1.28.(1) A submitter for a development
to the court against the decision in the notice-
application may appeal to the court about-
(a) a notice giving a decision on a request for
(a) the giving of a development approval, including
extension of the currency period for an
any conditions (or lack of conditions) or other
approval;
provisions of the approval; or
(b) a notice giving a decision on a request to make
(b) the length of a currency period for the approval.
a minor change to an approval.
(2) The appeal must be started within 20
(2) The appeal must be started within 20
business days (the “submitters appeal period”)
business days after the day the notice of the
after the day the decision notice or negotiated
decision is given to the person.
decision notice is given to the submitter.
(3) Subsection (1)(a) does not apply if the
(3) If a person withdraws a submission before
approval resulted from a development
the application is decided, the person may not
application (superseded planning scheme)
appeal the decision.
that was assessed as if it were an
(4) If an application involves both impact application under a superseded planning
assessment and code assessment, appeal rights scheme.
for submitters are available only for the part of the
(4) Also, a person who has made a request
application involving impact assessment.
mentioned in subsection (1) may appeal to
the court against a deemed refusal of the
request.
(5) An appeal under subsection (4) may be
started at any time after the last day the
1 decision on the matter should have been
Section 3.1.6 (Preliminary approval may override
local planning instrument) made.
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2008/256
Division 9 - Appeals to court about other Appeals by applicants
matters
Appeals for matters arising after approval given
(no co-respondents) 4.2.9(1) An applicant for a development application
4.1.31.(1) A person to whom any of the following may appeal to the Building and Development
notices have been given may appeal to the court Tribunal against any of the following-
against the decision in the notice- (a) the refusal, or the refusal in part, of a
(a) a notice giving a decision on a request to development application;
change or cancel a condition of a development (b) a matter stated in a development approval,
approval. including any condition applying to the
2
(b) a notice under section 6.1.44 giving a decision development, and the identification of a code
3
to change or cancel a condition of a under section 3.1.6;
development approval. (c) the decision to give a preliminary approval when a
development permit was applied for;
(2) The appeal must be started within 20
business days after the day the notice of the (d) the length of a period mentioned in section 3.5.21
decision is given to the person. currency period;
(3) Also, a person who has made a request (e) a deemed refusal.
mentioned in subsection (1)(a) may appeal (2) An appeal under subsection (1)(a) to (d) must
to 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
negotiated decision notice is given to the applicant.
(4) An appeal under subsection (3) may be
started at any time after the last day the (3) An appeal under subsection (1)(e) may be
decision on the matter should have been started at any time after the last day a decision on the
made. matter should have been made.
The Registrar for the Building and Development
Appeals against decisions to change approval
Tribunal may be contacted at the website
conditions under the repealed Act
http://www.localgovernment.qld.gov.au/
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.
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
agency in certain circumstances) local planning instrument)
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