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SUPERSEDED Decision Notice - 010.2009.00001227.001 [As Published] · 142009.1227

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                                              Officer:          Cherie Moira O'Sullivan
                                              Direct Telephone: (07)
                                              Response Address: Locked Bag 72
                                                                Sunshine Coast Mail Centre QLD 4560
                                              Email:            [email protected]
                                              Our Reference:    2009/1227
                                              Your Reference:
18 January 2010

Kidd & Co Designers
PO Box 262
NOOSA HEADS QLD 4567




Dear Sir/Madam

                                      Decision Notice
                                   Integrated Planning Act 1997

I refer to your application and advise that on 15 January 2010 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:

1        APPLICATION DETAILS

    Application No:                  2009/1227
    Street address:                  41 Hastings Street NOOSA HEADS
    Real property description:       LOT: 0 BUP: 2777
    Planning Scheme:                 The Noosa Plan

2        DECISION DETAILS
The following type of approval has been issued:
        Development Permit for Operational Works - 09/1227 - Landscaping
3        RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Approval is identified in the Assessment Manager
conditions.

4        ASSESSMENT MANAGER CONDITIONS
Approved Plan
1.       The site is to be landscaped in accordance the approved Landscaping Plans - Drawing
         WD.103 T4 titled Landscape Plan prepared by Kidd +Co designers dated 8 October 2007,
         and accompanying Fairshore Apartments Refurbishment Notes for Landscape Master Plan by
         Winter & Co Pty Ltd (as included with the Information Request Response dated 16 November
         2009) except as amended by these conditions.




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                                                                                        2009/1227



Amended Plan and Specification
2.    The site is to be landscaped in accordance with The Noosa Plan Landscaping Code and
      Planning Scheme Policy PSP3 on Landscaping Plants and Guidelines.
3.    Any new planting of Pandandus tectorius var. pedunculatus species shall be sited a minimum
      of 2 metres from the edge of the Main Beach promenade boardwalk to ensure pedestrian
      safety.
4.    The applicant must replace all turf damaged during construction activities along the Main
      Beach Promenade frontage of the site with a suitable species as agreed with by Councils
      Operational Works Assessment Branch Co-Ordinator for Environment and Landscape.
Planting Methodology
5.    The landscape construction is to be implemented in accordance with the amended landscape
      plan, amended planting schedule and horticultural industry best practices.
6.    Construction works within the drip zone of the 5 Palm and 12 Pandanus trees identified for
      retention must be undertaken in accordance with the instructions of a certified Arborist.
      Evidence of the arborist instruction must be provided to Councils Operational Works
      Assessment Branch Co-Ordinator for Environment and Landscape prior to commencement of
      construction works.
7.    All trees 45 litre and greater must be securely staked and tied to assist their growth during the
      12 month establishment period.
Access to services
8.    All landscaping treatment shall not unduly restrict or prevent access to service meters within
      the site.
9.    All trees must be located a minimum of 1 metre from all services to prevent root/service
      conflict and to provide future ease of maintenance requirements.
10.   All manholes, inspection pits and grates are to be raised to finish surface level and kept free of
      cover and be visible at all times to ensure prompt access in case of emergency.
11.   This Development Permit lapses if the development has not happened by 30 December 2011,
      unless application to extend the currency is approved by Council.


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
 Landscaping Plans -              Landscape Plan prepared by Kidd +Co         8 October 2007
 Drawing WD.103 T4                designers and accompanying Fairshore
                                  Apartments Refurbishment Notes for
                                  Landscape Master Plan by Winter & Co
                                  Pty Ltd (as included with the
                                  Information Request Response dated
                                  16 November 2009




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                                                                                          2009/1227



7       ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
    1. With constant use in a marine environment the proposed 25mm thick shower deck boards are
       likely to become fatigued and flexible. Fatigued and flexible decking boards can allow fixing
       screws to become proud of the deck surface and can present a hazard to users. Council
       recommends that decking boards be a minimum of 35mm x 110mm fixed with 75mm, 304
       Stainless Steel decking screws.

    2. To allow for the potential of informal seating it is recommended that capping stones are
       provided on the rock wall in the vicinity of the shower. It is recommended that capping stones
       are primarily the full width of the wall to limit mortar joints and top mortar joints are flush and
       not contain crevices where rubbish can accumulate.
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

 Type of Development Permit required             Subject of the required Development Permit
 Not Applicable



11      SELF ASSESSABLE CODES

Not Applicable




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                                                                                     2009/1227



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 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



c.c     Kidd & Co Designers
        PO Box 262
        NOOSA HEADS QLD 4567




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                                                                  2009/1227



                          List of Submitters
                          INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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                                                                  2009/1227



                          Referral Agency Conditions
                          INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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                                                                                                      2009/1227



                                                        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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                                                                                                   2009/1227

(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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