Negotiated Decision Notice - 010.2008.00000749.001 [As Published] · 142008.749

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3     RELEVANT PERIOD OF APPROVAL
This Development Permit lapses if the development has not happened by 30 January 2011 unless
application to extend the relevant period is approved by Council.

4     ASSESSMENT MANAGER CONDITIONS

1.    The development shall be carried out in accordance with the approved plans listed below or as
      modified herein.
2.    Rock scour protection shall be placed across the spillways and the outlet paths for each dam.
      The rock scour protection shall extend downslope from the toe of the batter and be of sufficient
      size to eliminate scouring of the dam wall and to reduce the velocity of the outlet waters prior to
      entering the existing waterways.
3.    All disturbed and exposed areas of proposed dams 1 & 2 shall be suitably stabilised by the
      planting of local native species, turfing or grass seeding.
4.    All disturbed areas of the dam 3 are to be suitably stabilised by the planting of local native
      species, at separation distances of 5m between stems, within 20m of the full ponded level of the
      southern dam on the lot, excluding 3m wide access tracks and dam walls. The plantings are not
      to affect the structural integrity of the dam.
5.    Within the designated planting area of proposed dam 3 , the area is to be kept free of
      undesirable species (as per the Noosa Plan Planning Scheme Policy 3 - Landscaping Plants
      and Guidelines) for a period of no less than a year from the date of the operational works permit
      approval.
      All plantings are to be kept free of grass species within a 200mm radius of each stem.
6.    Sediment and erosion control measures shall be placed and maintained on site in accordance
      with current best practice guidelines (the Manual for Erosion and Sediment Control version 1.2
      prepared by Sunshine Coast Regional Council). The measures shall be maintained on site until
      the area has been suitably stabilised by the establishment of local native species, turfing or
      grass seeding
7.    Deleted.
8.    The dams, spillways and downstream drainage paths shall be suitably maintained to ensure the
      structural stability of the dams and to prevent erosion of the spillways and the outlet drainage
      paths.
9.    The principal contractor must have all the appropriate insurance and public liability
      documentation to carry out the works. The principal contractor is also responsible to ensure that
      any sub contractors also have the appropriate insurance and public liability documentation.
10.   Council standards shall apply to these works unless otherwise modified herein.
11.   The person acting on this permit shall ensure that its consultants and contractors take all
      reasonable care during the construction of the engineering works to ensure that Council
      property, road pavements or facilities (such as underground drainage, water supply, sewerage,
      footpaths, kerbing, landscaping, street furniture etc.) are protected against any damage or
      interference whatsoever.
      If any Council property or facilities should be damaged by the Applicant or any of its Consultants
      or Contractors through any cause whatsoever in the course of, directly or indirectly, carrying out
      the engineering works, the Applicant and/or its Contractors shall forthwith notify the Manager-
      Land Development and shall forthwith rectify the damage to that property or facility at its cost
      and to the satisfaction of the Manager-Land Development, prior to the release of any bonds or,
      alternatively, the Applicant may request the Council to carry out the rectification work at the
      Applicant’s cost, such cost being paid by the Applicant to the Council prior to the release of any
      bonds, provided that in the case of emergency the Council shall be entitled to rectify such
      damage at the cost of the Applicant, such cost being paid prior to the release of any bonds.

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12.   The development of the site shall be carried out in such a manner as to prevent dust and/or
      sand nuisance to residents and/or tenants in the vicinity of the development.
13.   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 Council’s Chief Executive Officer.
14.   All signage, including that for safety during construction shall be in accordance with the Manual
      of Uniform Traffic Control Devices and Transport Infrastructure (Roads) Act.
15.   Notwithstanding that Council has checked the plans with due care, where it is found during
      construction that variations from Council's standards exist, then Council standards shall apply.

5     REFERRAL AGENCY CONDITIONS

Not Applicable.
6     APPROVED PLANS

The approved plans for this development approval are listed in the following table:

 Plan No.           Rev.       Plan Name                                          Date
 Drawing No 2                  Contour and Detail Survey of Lot 4 on              19 November 2006
                               RP849480 prepared by Murray and
                               Associates as annotated by R.A. McCosker

7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    Should any changes or modifications to the approved plans be required as a result of
      construction constraints, a “Request to change an existing approval” (Form 2Development
      Application) under the Integrated Planning Act 1997 must be made. Amended plans clearly
      indicating the changes must be lodged with this application along with the appropriate fees.
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

Not Applicable.

10    FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable.

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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 have continuing appeal rights in respect of Council’s decision on your application. Refer Section
4.1.27. 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.

Yours faithfully




Mark Lewis
Senior Engineering Officer
Operational Works Assessment Branch



Decision Notice History
30 January 2009 -          Original Decision Notice.
26 November 2009 -         Negotiated Decision Notice with amendments to
                           Conditions 4 & 6 and deletion of Condition 7




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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
                                                                 for the application are not available against the part of
Division 8 - Appeals to                court   relating    to    the approval that represents the concurrence agency’s
development applications                                         response for the code.
Appeals by applicants                                            Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application may        4.1.29.(1) An advice agency may, within the limits of its
appeal to the court against any of the following-                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 if-
    application;                                                 (a) the  development      application    involves   impact
(b) a matter stated in a development approval, including any         assessment; and
    condition applying to the development,           and   the   (b) the advice agency told the applicant and the
    identification of a code under section 3.1.6;1                  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
                                                                 submitter.
    (2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the “applicant’s appeal         Appeals for matters arising after approval given
period”) after the day the decision notice or negotiated         (co-respondents)
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 started at      development application, a person to whom any of the
any time after the last day a decision on the matter should      following notices have been given may appeal to the
have been made.                                                  court against the decision in the notice-
Appeals by submitters                                            (a) a notice giving a decision on a request for extension
4.1.28.(1) A submitter for a development application may             of the relevant period for an approval;
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 any              minor change to an approval.
    conditions (or lack of conditions) or other provisions           (2) The appeal must be started within 20 business
    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 approval
days (the “submitters appeal period”) after the day the          resulted from a development application (superseded
decision notice or negotiated decision notice is given to        planning scheme) that was assessed as if it were an
the submitter.                                                   application under a superseded planning scheme.
   (3) If a person withdraws a submission before the                (4) Also, a person who has made a request
application is decided, the person may not appeal the            mentioned in subsection (1) may appeal to the court
decision.                                                        against a deemed refusal of the request.
   (4) If an application involves both impact assessment            (5) An appeal under subsection (4) may be started at
and code assessment, appeal rights for submitters are            any time after the last day the decision on the matter
available only for the part of the application involving         should have been made.
impact assessment.
                                                                 Division 9 - Appeals to court about other matters
    (5) If an application is processed under section             Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application      (no co-respondents)
are available only for the aspects of the development that
would have required public notification under the                4.1.31.(1) A person to whom any of the following notices
repealed Act.                                                    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.



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        (c) the decision to give a preliminary approval when a
    change or cancel a condition of a development                    development permit was applied for;
    approval.                                                  (d) the length of a period mentioned in section 3.5.21
    (2) The appeal must be started within 20 business                relevant period;
       days after the day the notice of the decision is        (e) a deemed refusal.
       given to the person.
                                                                   (2) An appeal under subsection (1)(a) to (d) must be
    (3) Also, a person who has made a request                  started within 20 business days (the “applicant’s appeal
       mentioned in subsection (1)(a) may appeal to the        period”) after the day the decision notice or negotiated
       court against a deemed refusal of the request.          decision notice is given to the applicant.
    (4) An appeal under subsection (3) may be started at           (3) An appeal under subsection (1)(e) may be started
       any time after the last day the decision on the         at any time after the last day a decision on the matter
       matter should have been made.                           should have been made.
Appeals against decisions to change approval conditions        The Registrar for the Building and Development
under the repealed Act                                         Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision       http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or          For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court        4.1.36 Appeals about particular infrastructure
against-                                                       charges
(a) the decision; or                                           (1) This section applies to a person who has been
(b) a deemed refusal of the application.                       given, and is dissatisfied with, an infrastructure charges
                                                               notice or a regulated State infrastructure charges notice.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of        (2) The person may appeal to the court against the
the decision is to be given to the person.                     notice.
    (3) An appeal under subsection (1)(b) may be started       (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter        after-
should have been made.                                         (a) if the notice is given because of a development
Appeals against local laws                                          approval or master plan approval-the day the
                                                                    applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a                 approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the             (b)    otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the     (4)    An appeal under this section may only be about-
planning scheme may appeal to the court against the            (a) whether a charge in the notice is so unreasonable
decision or the conditions applied.                                that no reasonable relevant local government, State
   (2) The appeal must be started within 20 business               infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the          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 appeal
Rights of appeal conferred by Section 4.2.9 of the             under this section can not be about the methodology
Integrated Planning Act 1997 as follows:                       used to establish the charge in the relevant infrastructure
                                                               charges schedule or regulated State infrastructure
Division 3 – Appeals          to   tribunals   relating   to
                                                               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

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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