Decision Notice - 010.2009.00001530.001 [As Published] · 132009.1530

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       Plan No,              Rev.     Plan / Document Name                             Date

       HAC Sheet 1 of 11              Site Plan – Ausmar Homes                         26       August
                                                                                       2009

       HAC Sheet 2 of 11              Site Plan – Ausmar Homes                         26       August
                                                                                       2009

       HAC Sheet 3 of 11              Floor Plan – Ausmar Homes                        26       August
                                                                                       2009

       HAC Sheet 4 of 11              South & East Elevations – Ausmar Homes           26       August
                                                                                       2009

       HAC Sheet 5 of 11              North & West Elevations – Ausmar Homes           26       August
                                                                                       2009

2.    The development must be undertaken and operated in a manner that causes no detrimental
      effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
      lighting nuisance or other emissions.
3.    A dam, swimming pool or water tank accessible for use by the fire brigade, that contains at
      least 5000 litres of water, shall be made available on site for fire fighting purposes.
4.    On site water storage for a minimum of 60,000 litres shall be provided on site to service the
      detached house.
5.    All hot water systems installed shall be either solar systems; electric heat pump systems; or
      gas systems (LPG or natural).
6.    The detached house is to contain no more than 1 kitchen
7.    Earthworks required on site shall be carried out in accordance with Council’s Planning
      Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional
      ponding of water on any adjoining lands or concentrate or direct overland flow on to an
      adjoining property.
8.    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.
9.    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.
10.   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.
Vehicle Access
11.   A vehicular access driveway to serve the development shall be constructed from the
      Lawnville Road frontage of the site with a maximum width of 6.0m.
12.   The driveway shall be designed and constructed to Council’s design standards and to
      grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians
      movements along the footpath without any step or level difference. Should any driveways
      be constructed to grades that do not comply with AS/NZS 2890.1-2004, Council will require
      that the driveway be removed and reconstructed to levels that do comply.

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13.     A Geotechnical Engineer or similar qualified expert shall design and supervise the
        construction of the access driveway extending from the property boundary to the house site.
        The geotechnical engineer or similar qualified expert assess the soil condition on site,
        determine the soil classification, establish whether any measures are required to protect the
        stability of the land and minimise the amount of cut and fill
14.     A Road/Footpath Permit (copy enclosed) shall be completed and submitted for the
        construction of the access driveway in accordance with Council’s Local Law No.8. If
        approval is given the crossover shall be constructed in accordance with Council’s standard
        drawings, which will be provided at time of approval.
Roof Water & Stormwater Drainage
15.     All stormwater drainage (including roof water overflow from the rainwater storage system)
        shall be collected and discharged on site so as to cause no scour or damage to the subject
        site or any adjoining property.
Building Envelopes
16.     All buildings, effluent disposal areas and other structures associated with the residential use
        shall be located within the approved Building Envelopes for house siting and effluent
        disposal. In the regard the effluent disposal application area shown on the submitted plan
        titled “Site Plan” Job Code HAC dated 26 August 2009 shall be relocated to be within the
        approved Building Envelopes for house siting and effluent disposal.
Effluent Disposal
17.     The design and construction of any on-site effluent disposal system and disposal area (land
        application area) shall be in accordance with Council’s Planning Scheme Policy PSP24 -
        Effluent Disposal.
        Specifically, the land application area shall be positioned to achieve the greatest possible
        setback to the any dam, lake or permanent or intermittent watercourse.

        The land application area shall also be positioned at least 15m from any underground
        rainwater tanks.
Earthworks
18.     Earthworks required on site shall be carried out in accordance with Council’s Planning
        Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional
        ponding of water on any adjoining lands or the blockage of, or interference with, any natural
        watercourses.
19.     Earthworks carried out on site shall not affect the structural integrity of any of the existing
        fences or structures that border the development site.
Site Stability
20.     A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site,
        determine the soil classification, establish whether any measures are required to protect the
        stability of the subject site, adjoining buildings and/or structures and/or land, and make
        recommendations on the type of foundation system(s) best suited for the proposed
        development. The recommendations of this report shall be incorporated into the design and
        construction of the proposed development.
Erosion and Sediment Control
21.     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.


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        In this regard, plan detailing the methods of controlling erosion and sediment in accordance
        with the Healthy Waterways document and fact sheet series titled “Controlling Stormwater
        Pollution on your Building Site dated 2006” are required to be submitted with the application
        for a Building Works Permit.


Relevant Period
22.     The Development Permit for a material change of use lapses if the use has not happened by
        29 March 2014, unless an application to extend the currency is approved by Council.
FURTHER PERMITS REQUIRED
23.     Prior to the commencement of development, a Development Permit for Building Works must
        be obtained.


5     REFERRAL AGENCY CONDITIONS

The referral agencies applicable to this application are:

 Referral Trigger             Referral Status    Referral Agency      Referral Address

 Not applicable

6     APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:

         Plan No,              Rev.     Plan / Document Name                      Date

         HAC Sheet 1 of                 Site Plan – Ausmar Homes                  26       August
         11                                                                       2009

         HAC Sheet 2 of                 Site Plan – Ausmar Homes                  26       August
         11                                                                       2009

         HAC Sheet 3 of                 Floor Plan – Ausmar Homes                 26       August
         11                                                                       2009

         HAC Sheet 4 of                 South & East Elevations – Ausmar          26       August
         11                             Homes                                     2009

         HAC Sheet 5 of                 North & West Elevations – Ausmar          26       August
         11                             Homes                                     2009

7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.      The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
        Local Law No. 12, prevents a builder or building contractor carrying out building work on a
        building site in a way that makes or causes audible noise to be made from the building work:
        1.1.      On a Sunday or public holiday, at any time; or

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        1.2.     On a Saturday or a business day, before 7.00am or after 6.30pm.
        A maximum penalty of $1,500 applies to an offence under this legislation.
2.      Prior to the commencement of the development, a plumbing assessment must be obtained
        from Noosa Council’s Plumbing Services Section in accordance with the Plumbing &
        Drainage Act 2002 (as applicable).
3.      For properties located in the catchment area for the Coastal Major Road Network
        Infrastructure Charges Plan, a Building Works application may trigger an Infrastructure
        Charge payable to Council in accordance with the Infrastructure Charges Plan and Chapter
        5 of the Integrated Planning Act 1997.
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 (ACH Act).
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 ACH 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
A preliminary approval under section 3.1.6 of Integrated Planning Act 1997 has been granted and as
such the level of assessment and applicable codes for any development approval resulting from this
approval are identified in the conditions.

10    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required           Subject of the required Development Permit
 Development Permit for Building Works         All Building Works

11    SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Not applicable

12    SUBMISSIONS
Not applicable

13    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.


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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).

14     OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.


Yours faithfully,




Denis Wallace
Senior Development Planner




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                                                        Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated
                                                                    (6) If an application involves assessment against a
Planning Act (Chapter 4).                                      concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to                      for the application are not available against the part of
development applications                                       the approval that represents the concurrence agency’s
                                                               response for the code.
Appeals by applicants
                                                               Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following-          4.1.29.(1) An advice agency may, within the limits of
                                                               its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development      development approval for a development application
      application;                                             if-
(b) a matter stated in a development approval,                 (a) the development application involves impact
      including any condition applying to the                      assessment; and
      development, and the identification of a code
      under section 3.1.6;1                                    (b) the advice agency told the applicant and the
                                                                   assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a             application as a submission for an appeal.
      development permit was applied for;
                                                                  (2) The appeal must be started within 20 business
(d) the length of a relevant period;                           days after the day the decision notice or negotiated
(e) a deemed refusal.                                          decision notice is given to the advice agency as a
    (2) An appeal under subsection (1)(a) to (d) must          submitter.
be started within 20 business days (the “applicant’s           Appeals for matters arising after approval given
appeal period”) after the day the decision notice or           (co-respondents)
negotiated decision notice is given to the applicant.          4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be               development application, a person to whom any of the
started at any time after the last day a decision on the       following notices have been given may appeal to the
matter should have been made.                                  court against the decision in the notice-
Appeals by submitters                                          (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application               extension of the relevant period for an approval;
may appeal to the court about-                                 (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including                minor change to an approval.
      any conditions (or lack of conditions) or other              (2) The appeal must be started within 20 business
      provisions of the approval; or                           days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval.          the person.
    (2) The appeal must be started within 20 business                (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day            approval resulted from a development application
the decision notice or negotiated decision notice is           (superseded planning scheme) that was assessed as
given to the submitter.                                        if it were an application under a superseded planning
                                                               scheme.
    (3) If a person withdraws a submission before the
application is decided, the person may not appeal the             (4) Also, a person who has made a request
decision.                                                      mentioned in subsection (1) may appeal to the court
                                                               against a deemed refusal of the request.
    (4) If an application involves both impact
assessment and code assessment, appeal rights for                 (5) An appeal under subsection (4) may be started
submitters are available only for the part of the              at any time after the last day the decision on the
application involving impact assessment.                       matter should have been made.
    (5) If an application is processed under section           Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the                Appeals for matters arising after approval given
application are available only for the aspects of the          (no co-respondents)
development that would have required public
notification under the repealed Act.                           4.1.31.(1) A person to whom any of the following
                                                               notices have been given may appeal to the court
                                                               against the decision in the notice-
a.                                                             (a) a notice giving a decision on a request to change
                                                                   or cancel a condition of a development approval.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
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(b) a notice under section 6.1.442 giving a decision to     (d) the length of a period mentioned in section 3.5.21
     change or cancel a condition of a development                relevant period;
     approval.                                              (e) a deemed refusal.
    (2) The appeal must be started within 20                    (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision      be started within 20 business days (the “applicant’s
is given to the person.                                     appeal period”) after the day the decision notice or
   (3) Also, a person who has made a request                negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the                (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request.              started at any time after the last day a decision on the
    (4) An appeal under subsection (3) may be               matter should have been made.
started at any time after the last day the decision on      The Registrar for the Building and Development
the matter should have been made.                           Tribunal may be contacted at the website
Appeals against decisions to change approval                http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
                                                            For Infrastructure Charges Only
decision made on an application to change the               4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under              charges
section 2.19(3)or section 4.4 of the repealed Act may       (1) This section applies to a person who has been
appeal to the court against-                                given, and is dissatisfied with, an infrastructure
(a) the decision; or                                        charges notice or a regulated State infrastructure
(b) a deemed refusal of the application.                    charges notice.
    (2) An appeal under subsection (1)(a) must be           (2) The person may appeal to the court against the
started within 20 business days after the day notice of     notice.
the decision is to be given to the person.                  (3) The appeal must be started within 20 business
    (3) An appeal under subsection (1)(b) may be            days after-
started at any time after the last day a decision on the    (a) if the notice is given because of a development
matter should have been made.                                    approval or master plan approval-the day the
Appeals against local laws                                       applicant is given notice of the decision about the
                                                                 approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions            (b)    otherwise-the day the notice is given to the
applied under a local law about the use of premises or             person.
the erection of a building or other structure permitted     (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court              (a) whether a charge in the notice is so
against the decision or the conditions applied.                  unreasonable that no reasonable relevant local
    (2) The appeal must be started within 20 business            government, State infrastructure provider or
days after the day notice of the decision is given to the        coordinating agency could have imposed it; or
applicant.                                                  (b) an error in the calculation of the charge.
For Building Works Only                                     (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the          appeal under this section can not be about the
Integrated Planning Act 1997 as follows:                    methodology used to establish the charge in the
                                                            relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
                                                            State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
     application;
(b) a matter stated in a development approval,
     including any condition applying to the
     development, and the identification of a code
     under section 3.1.6;3
(c) the decision to give a preliminary approval when a
     development permit was applied for;

a.
2
   Section 6.1.44 (Conditions may be changed or
  cancelled by assessment manager or concurrence
  agency in certain circumstances)
3
   Section 3.1.6 (Preliminary approval may override
  local planning instrument)
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