SUPERSEDED - Decision Notice 19632 DA · 132000.200180

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NOOSA COUNCIL IDAS Development Application Decision Notice 2

 

aa) eke §=§=Noosa Council Conditions

 

INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

 

Land Development

1.

Prior to occupation of the proposed dwelling, 2 off-street car parking spaces with a sealed access
complying with AS2890.1 - 1993 shall be provided.

The driveway shall be a maximum of 3.5 metres wide where it crosses the property boundary and the
balance of the driveway within the lot shall be the minimum area required to provide access to the
Proposed garage. The remainder of the driveway within the footpath shall also have a maximum width of
3.5 metres.

Drainage of the garage and vehicle manoeuvring area shall be by gravity in accordance with Council's
Schedule to the Planning Scheme section 3.4.4.12.

Lot 8 on SP 111721 was known to be in an area contaminated by unexploded ordnance. Any person
acting on this permit shall exercise care when excavating.

The site is located in a Sand Dune Problem area and will require appropriate soil testing by a
Geotechnical Engineer and design of a soil retaining system by a Structural Engineer. Clearance shall be
obtained from Council's Manager of Building as part of the process of obtaining a Development Permit for
Building Works.

The proposed dwelling, building work or any construction shall not encroach into any areas depicted as
“Natural Vegetation in Lots to Remain Untouched” on the Plan of Development for this estate, apart from:

(i) the proposed horizontal louvres and to allow for the vehicle and pedestrian access ways as
detailed on the plan of development.

In this regard when excavating earthworks batters shall not extend into these areas nor extend over the
boundary alignment at any other location.

All stormwater from roofs and impervious surfaces shall be collected and disposed of on site via an
infiltration pit. The pit shall be designed by a qualified Hydraulic Engineer to cater for a Q100 storm.
Design details shall be submitted in conjunction with an application for a Development Permit for
Operational Works (Drainage).

The 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.

Any person acting on this permit shall be responsible for the prevention of erosion and sediment export
from the site and controlled disposal of waste, may be necessary.

A $1000 site control bond is required to be lodged prior to issue of a Development Permit for Building
Work to ensure compliance with this condition. The bond shall be refunded following compliance with this
condition and satisfactory completion of all works, less any costs incurred by Council in effecting
compliance with the condition.

Land Use

10.

11.

Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plans are numbered MD8: SK1-SK5 and A5 prepared by Bruce
Richardson RAIA Architect and dated March 2000 and as may be amended by these conditions.

This Development Permit for a material change of use of premises lapses if:-

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NOOSA COUNCIL IDAS Development Application Decision Notice 3

11.1. the use or erection of a building or other structure associated with the use, has not been
commenced within four (4) years of the date of issue of the Development Permit, unless
application is made and approved by Council for an extension; or

11.2 the use of any premises pursuant to the Development Permit ceases.

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NOOSA COUNCIL IDAS Development Application Decision Notice

 

 

Appeal Rights

INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

The following is ‘an extract from the Integrated
Planning Act (Chapter 4).

 

 

Division 8 - Appeals to court relating to
development applications

Appeals by applicants

4.1.27.(1) An applicant for a development application
may appeal to the court 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;

(c) the decision to give a preliminary approval when a
development permit was applied for;

(d) the length of a currency period;
(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must
be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant.

(3) An appeal under subsection (1)(e) may be
started at any time after the last day a decision on the
matter should have been made.

Appeals by submitters

4.1.28.(1) A submitter for a development application
may appeal to the court about-

(a) the giving of a development approval, including
any conditions (or lack of conditions) or other
provisions of the approval; or

(b) the length of a currency period for the approval.

(2) The appeal must be started within 20 business
days (the “submitters appeal period”) after the day
the decision notice or negotiated decision notice is
given to the submitter.

(3) If a person withdraws a submission before the
application is decided, the person may not appeal the
decision.

(4) If an application involves both impact
assessment and code assessment, appeal rights for
submitters are available only for the part of the
application involving impact assessment.

' Section 3.1.6 (Preliminary approval may override local planning
instrument)

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(5) If an application is processed under section
6.1.28(2), appeal rights for submitters for the
application are available only for the aspects of the
development that would have required public
notification under the repealed Act.

(6) If an application involves assessment against
a concurrence agency code, appeal rights for
submitters for the application are not available
against the part of the approval that represents the
concurrence agency’s response for the code.

Appeals by advice agency submitters

4.1.29.(1) An advice agency may, within the limits of
its jurisdiction, appeal to the court about the giving of
a development approval for a development
application if-

(a) the development application involves impact
assessment; and

(b) the advice agency told the applicant and the
assessment manager to treat its response to the
application as a submission for an appeal.

(2) The appeal must be started within 20 business
days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
submitter.

Appeals for matters arising after approval given
(co-respondents)

4.1.30.(1) For a development approval given for a
development application, a person to whom any of
the following notices have been given may appeal to
the court against the decision in the notice-

(a) a notice giving a decision on a request for
extension of the currency period for an approval;

(b) a notice giving a decision on a request to make a
minor change to an approval.

(2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.

(3) Subsection (1)(a) does not apply if the
approval resulted from a development application
(superseded planning scheme) that was assessed as
if it were an application under a superseded planning
scheme.

(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 matter should have been made.

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NOOSA COUNCIL IDAS Development Application Decision Notice

Division 9 - Appeals to court about other matters

Appeals for matters arising after approval given
(no co-respondents)

4.1.31.(1) A person to whom any of the following
notices have been given may appeal to the court
against the decision in the notice-

(a) a notice giving a decision on a request to change
or cancel a condition of a development approval.

(b) a notice under section 6.1.44? giving a decision to
change or cancel a condition of a development
approval.

(2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.

(3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.

(4) An appeal under subsection (3) may be
started at any time after the last day the decision on
the matter should have been made.

Appeals against decisions to change approval
conditions under the repealed Act

4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-

(a) the decision; or
(b) a deemed refusal of the application.

(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.

(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.

Appeals against local laws

4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.

(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.

2 Section 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain
circumstances)

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