Approved SPA Decision Notice [As Published] · 142010.662

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3.    Roof and surface runoff connection to Council’s drainage system shall be as shown on
      drawing No. 10-1708 SW1A prepared by Mike O’Regan and Associates dated 20 June
      2010.
4.    A footpath 1.5 metres wide shall be constructed across the full frontage of the development.
      The footpath shall have a slip resistant surface. The alignment shall be determined on site
      with Council’s Construction Technical Officer. The expansion joints in any bikeway/footpath
      shall be “sawcut”, not trowel jointed.
5.    Suitable root barriers shall be installed where proposed trees are adjacent to paths,
      pavement etc in accordance with Council’s Planning Scheme Policy PSP03 Landscaping
      Plants and Guidelines.
6.    Suitable sediment control devices ("in pit” pollution control devices) shall be temporarily
      installed into the first existing external downstream stormwater structure.
      These devices are to be checked and cleaned on a regular basis and specifically after each
      rain event.
      These devices are to remain in place during the civil works and construction phases of the
      development.
      The location and type of device to be installed shall be established at the “pre start” meeting
      with Council’s Engineering Officer Construction and shall be installed prior to the
      commencement of any works.
7.    Council’s Engineering Officer Construction (ph 07 5475 9866), shall be given seven (7) days’
      notice of intention to commence works to arrange a “pre start” meeting prior to the
      commencement of works.
8.    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.
9.    Prior to the “pre start” meeting, the principal contractor must be provided with a copy of
      Council’s signed approved drawings and conditions by the applicant.
10.   Please provide one copy (A3 size) of the approved plans and a copy of the job specifications
      for Council’s Construction Technical Officer.
11.   The Consulting Engineers for the project shall be currently Registered Professional
      Engineers of Queensland (RPEQ). The Consulting Engineers are responsible for arranging
      all inspections with Council’s Engineering Officer Construction or nominated staff.
12.   Prior to works commencing, Council is to be advised of the Engineer (RPEQ) supervising the
      project. (This person will be the contact for the project).
13.   Council standards shall apply to these works unless otherwise modified herein.
14.   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 Chief Executive Officer, Sunshine Coast Regional Council, and shall
      forthwith rectify the damage to that property or facility at its cost and to the satisfaction of the
      Chief Executive Officer, Sunshine Coast Regional Council.

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      All rectification works are to be completed prior to the commencement of the use 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 Council prior to the
      commencement of the use.
      In the case of any emergency Council shall be entitled to rectify such damage at the cost of
      the Applicant, such cost being paid prior to the commencement of the use.
15.   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.
16.   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 CEO.
17.   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.
18.   Safe pedestrian access on Grant Street in the vicinity of the development shall be
      maintained at all times. Should footpath / road closures be necessary to carry out
      construction works, Council’s Engineering Officer Construction (ph 07 5475 9866) must be
      notified prior to the proposed closure.
19.   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. Although the sediment and erosion
      control measures have been approved on drawing No 10-1708 ESC1A dated 15 June 2010
      and drawing No 10-1708 ESC2A dated 20 June 2010 as prepared by Mike O’Regan and
      Associates, it is the site's supervising engineer who is responsible for ensuring that the
      sediment and erosion control measures have been designed by an RPEQ or CPESC and
      constructed:
      19.1.   In accordance with "best practise" methods,
      19.2.   Revised by an RPEQ or CPESC to address the issues raised by changes in the
              projected construction schedule and methods,
      19.3.   Revised to address predicted rainfall events, and
      19.4.   Achieve the desired environmental outcomes.
      Council’s Chief Executive Officer may request further controls to be installed should
      approved measures be inefficient.
20.   The owners of the subject property shall maintain the grease/oil arrestor pits/gross pollutant
      traps in accordance with the manufacturers specifications.
21.   The owners of the subject property shall inspect the grease/oil arrestor pits/gross pollutant
      traps on a weekly basis and after each storm event.
      The owners of the subject property shall enter into an ongoing maintenance contract with a
      Registered Contractor to clean and maintain the grease/oil arrestor pits/gross pollutant traps
      on a regular three monthly cycle and on an “On Call” basis in the case of an emergency.
      The management and maintenance of the grease/oil arrestor pits/gross pollutant traps shall
      be included in the Community Management Scheme for the completed development.
22.   Certification of the completed works by the supervising engineer must be provided to
      Council.




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23.     A 5% cost of works to become Council assets or $1,500 bond (whichever is the greater) will
        be imposed on construction works during the maintenance period, which is a minimum
        period of 12 months duration. Such bond must be lodged by, and shall only be accepted
        from the Developer for the works.
24.     All trees with a growth height greater than 2m must be planted a minimum of 1 metre from all
        services.
25.     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.
26.     The landscape construction is to be implemented in accordance with the approved
        landscape plan, planting schedule and horticultural industry best practices.
27.     Clothes drying areas must be located in areas that are screened from adjoining properties
        and road frontages.
28.     All environmental and Class 1, Class 2 and Class 3 weeds pursuant to the Land Protection
        (Pest and Stock Route Management) Act 2002 must be removed from the site prior to
        release of performance bonds.
29.     The works to become Council assets will not be accepted "On Maintenance" until the
        landscaping is completed.
30.     These works are also to be in compliance with the relevant conditions of Development
        Permit No. 2009/1689.
31.     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/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following
table:
Approved Plans
 Plan No.            Rev.    Plan Name                                      Date
 CE 98868-G S05      0       Driveway Plan                                  15 July 2010
 Sheet 5 of 5                Driveway Sections and Details
 10-1708 SW1         A       Stormwater Drainage Plan                       20 June 2010
                             (Driveway Drainage Only)
 10-1708 ESC1        A       Sediment and Erosion Control                   15 June 2010
 10-1708 ESC2        A       Sediment and Erosion Control                   20 June 2010
 DWG 02                      Detailed Landscape Plan – Katim Designs        3 August 2010


7     PLANS/DOCUMENTS REQUIRING AMENDMENT
Not applicable.




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8     ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.      Council has undertaken an audit check of the Operational works drawings in relation to the
        proposed works. A detailed design check of the calculations and drawings has not been
        undertaken, as they have been certified by a RPEQ. The RPEQ bears full responsibility for
        all aspects of the engineering design. Council reserves the right to require further
        amendments and/or additions at a later date, should design errors become apparent.
2.      Council reserves the right to call up any performance bond held or levy charges against the
        property, should emergency works be required to be undertaken by Council to make the site
        safe due to inactivity on the development site for extended periods of time.
3.      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 2 Development
        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.
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 3239 3647 to discuss any
obligations under the ACH Act.

9     PROPERTY NOTES
Not applicable.

10    PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.

11    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required            Subject of the required Development Permit
 Not applicable.

12    SELF ASSESSABLE CODES
Not applicable.

13    SUBMISSIONS

Not applicable.



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14     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.

15     RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part 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 commence again from the start the day after you receive a “negotiated decision
notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing
decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act
2009.)

16     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




CHRIS GIBBERD
SENIOR DEVELOPMENT ENGINEER – CIVIL ENGINEERING
OPERATIONAL WORKS ASSESSMENT


Enc:    Approved Plans
        Appeal Rights




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                                                  Appeal Rights
                                                 SUNSTAINABLE PLANNING ACT       2009   &    SUSTAINABLE
                                                 PLANNING REGULATION 2009




The following is an extract from the Sustainable                     (i)  a condition of, or lack of condition
Planning Act 2009 (Chapter 6).                                            for, the approval; or
                                                                    (ii) the length of a period mentioned in
MATERIAL CHANGE OF USE, RECONFIGURING A                                   section 341 for the approval.
LOT & OPERATIONAL WORKS
                                                          (3)    However, a submitter may not appeal if the
Division 8 - Appeals to court relating to                        submitter—
development applications
                                                                 (a) withdraws the submission before the
461     Appeals by applicants                                        application is decided; or
(1)     An applicant for a development application               (b) has given the assessment manager a
        may appeal to the court against any of the                   notice under section 339(1)(b)(ii).
        following-
                                                          (4)     The appeal must be started within 20
        (a) the refusal, or the refusal in part, of a             business days (the submitter’s appeal
           development application;                               period) after the decision notice or
        (b) any condition of a development approval,              negotiated decision notice is given to the
           another matter stated in a development                 submitter.
           approval and the identification or inclusion   463   Additional and extended appeal rights for
           of a code under section 242                          submitters for particular development
        (c) the  decision to give a preliminary                 applications
           approval when a development permit was         (1)    This section applies to a development
           applied for;                                          application to which chapter 9, part 7
        (d) the length of a period mentioned in                  applies.
           section 341;;                                  (2)    A submitter of a properly made submission
        (e) a deemed refusal of the development                  for the application may appeal to the court
            application.                                         about a referral agency’s response made by
(2)     An appeal under subsection (1)(a), (b), (c) or           a prescribed concurrence agency for the
        (d) must be started within 20 business days              application.
        (the applicant’s appeal period) after—            (3)    However, the submitter may only appeal
                                                                 against a referral agency’s response to the
        (a) if a decision notice or negotiated decision
                                                                 extent it relates to—
            notice is given—the day the decision
            notice or negotiated decision notice is              (a) if the prescribed concurrence agency is
            given to the applicant; or                               the chief executive (environment)—
        (b) otherwise—the day a decision notice was                  development for an aquacultural ERA; or
            required to be given to the applicant.               (b) if the prescribed concurrence agency is
(3)     An appeal under subsection (1)(e) may be                     the    chief   executive      (fisheries)—
        started at any time after the last day a                     development that is—
        decision on the matter should have been                      (i)  a material change of use of
        made.                                                             premises for aquaculture; or
462     Appeals by submitters - general                              (ii) operational work that is the removal,
                                                                          damage or destruction of a marine
(1)     A submitter for a development application
                                                                          plant
        may appeal to the court only against-
                                                          (4)    Despite section 462(1), the submitter may
        (a) the part of the approval relating to the             appeal against the following matters for the
           assessment manager’s decision about                   application even if the matters relate to code
           any part of the application requiring                 assessment—
           impact assessment under section 314; or
                                                                 (a) a decision about a matter mentioned in
        (b) the part of the approval relating to the                 section 462(2) if it is a decision of the
            assessment manager’s decision under                      chief executive (fisheries);
            section 327.
                                                                 (b) a referral agency’s response mentioned in
(2)     To the extent an appeal may be made under
                                                                     subsection (2).
        subsection (1), the appeal may be against 1
        or more of the following—                         464   Appeals by advice agency submitters
        (a) the giving of a development approval;         (1)    Subsection (2) applies if an advice agency, in
                                                                 its response for an application, told the
        (b) any provision of the approval including—             assessment manager to treat the response
                                                                 as a properly made submission.
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(2)   The advice agency may, within the limits of its   (4)   An appeal under subsection (3) may be
      jurisdiction, appeal to the court about—                started at any time after the last day the
      (a) any part of the approval relating to the            decision on the matter should have been
         assessment manager’s decision about                  made.
         any part of the application requiring          467   Appeals about changing or cancelling
         impact assessment under section 314; or              conditions imposed by assessment
      (b) any part of the approval relating to the            manager or concurrence agency
          assessment manager’s decision under           (1)   A person to whom a notice under section
          section 327                                         378(9)(b) giving a decision to change or
(3)   The appeal must be started within 20                    cancel a condition of a development approval
      business days after the day the decision                has been given may appeal to the court
      notice or negotiated decision notice is given           against the decision in the notice.
      to the advice agency as a submitter.              (2)   The appeal must be started within 20
(4)   However, if the advice agency has given the             business days after the day the notice of the
      assessment manager a notice under section               decision is given to the person.
      339(1)(b)(ii), the advice agency may not
      appeal the decision.
465   Appeals about decisions relating to
      extensions for approvals
(1)   For a development approval given for a
      development application, a person to whom a
      notice is given under section 389, other than
      a notice for a decision under section 386(2),
      may appeal to the court against the decision
      in the notice.
(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
      under section 383 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.
466   Appeals about decisions relating to
      permissible changes)
(1)   For a development approval given for a
      development application, the following
      persons may appeal to the court against a
      decision on a request to make a permissible
      change to the approval—
      (a) if the responsible entity for making the
         change is the assessment manager for
         the application—
         (i)   the person who made the request;
               or
         (ii) an entity that gave a notice under
               section 373 or a pre-request
               response notice about the request
      (b) if the responsible entity for making the
          change is a concurrence agency for the
          application—the person who made the
          request..
(2)   The appeal must be started within 20
      business days after the day the person is
      given notice of the decision on the request
      under section 376.
(3)   Also, a person who has made a request
      under section 369 may appeal to the court
      against a deemed refusal of the request.



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