Council archive · source document
Decision Notice - 010.2007.00001294.001 [As Published] · 142007.1294
Form 6 - Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2007/1294 Date of Decision: 29 February 2008
1. APPLICANT DETAILS
Name: Robert James Selkirk
Postal address: CARE Ken Hicks & Associates Pty Ltd
PO Box 6380
MAROOCHYDORE BC QLD 4558
Phone no: 5443 2844 Fax no: 617 5443 7146
2. PROPERTY DESCRIPTION
Street address: 33 Hastings Street NOOSA HEADS, 1/33 Hastings Street NOOSA HEADS, 2/33 Hastings
Street NOOSA HEADS, 3/33 Hastings Street NOOSA HEADS, 4/33 Hastings Street NOOSA
HEADS, 5/33 Hastings Street NOOSA HEADS, 6/33 Hastings Street NOOSA HEADS, 7/33
Hastings Street NOOSA HEADS
Real property LOT: 0 BUP: 2665, LOT: 1 BUP: 2665, LOT: 2 BUP: 2665, LOT: 3 BUP: 2665, LOT: 4 BUP:
description: 2665, LOT: 5 BUP: 2665, LOT: 6 BUP: 2665, LOT: 7 BUP: 2665
3. OWNER DETAILS
Name: Body Corporate - Sandpiper Noosa Heads
Postal address: CARE Sound Body Corp Management
PO Box 1547 NOOSA HEADS QLD 4567
4. REFERRAL AGENCIES
Referral Agency Address Basis
Environmental Protection PO Box 15155 CITY EAST QLD 4002 Works Coastal
Agency Management Zone
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Operational Works - In accordance with Engineering No Yes
Stormwater, Driveway & drawings Nos.
Frontage Works
DA-01B dated 11 December 2007
by Foster Designs
1703-0-1 dated 29 May 2007 by
Construction Hydraulics
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NOOSA COUNCIL IDAS Development Application Decision Notice 2 of 9
1703-0-2B dated 27 August 2007 by
Construction Hydraulics
1703-0-3C dated 6 February 2008
by Construction Hydraulics
1703-0-4 dated 29 May 2007 by
Construction Hydraulics
or as modified herein.
6. DECISION DETAILS
Council decided to approve this application on 29 February 2008, subject to conditions.
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Locality Codes:-
Noosa Heads
Overlay Codes:-
Natural Hazards and Natural Resources
Works Codes:-
Engineering Works Codes
8. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
N/A
10. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
11. ASSESSMENT MANAGER
Name: Noosa Council Signature: Date:
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NOOSA COUNCIL IDAS Development Application Decision Notice 3 of 9
Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
1. The development shall be carried out in accordance with Engineering drawings Nos.
DA-01B dated 11 December 2007 by Foster Designs
1703-0-1 dated 29 May 2007 by Construction Hydraulics
1703-0-2B dated 27 August 2007 by Construction Hydraulics
1703-0-3C dated 6 February 2008 by Construction Hydraulics
1703-0-4 dated 29 May 2007 by Construction Hydraulics
or as modified herein.
2. A report on the Identification and Mitigation of Acid Sulphate Soils, prepared in accordance with Part 6 of
SPP2/02 Guideline: Planning and Managing Development Involving Acid Sulphate Soils is to be submitted
for approval by the Manager Land Development 5 working days prior to the commencement of any new
building works.
3. Any damage or disturbance to the beach frontage or to the footpath, planter boxes and other street
improvements in Hastings Street that occurs during the construction of the proposed development or
occurs in the construction of any works necessary to connect the proposed development to Council’s
services infrastructure shall be reinstated in accordance with the Hastings Street Masterplan with suitable
matching materials to the satisfaction of Council’s Manager of Design. These reinstatement works are to
be undertaken at no cost to Council and are to be completed prior to the commencement of the use
permitted by this permit.
4. Roof and surface runoff connection to Council’s drainage system shall be as shown on drawing No. 1703-
0-2B.
5. A Traffic Management Plan for the development addressing all construction phases shall be prepared by
suitably qualified persons and submitted to Council for approval prior to the pre start meeting. The report
shall address, but not be limited to, all items listed below, further the plan shall be flexible that it addresses
all stages of the development:-
5.1 Limiting the routes for the heavy vehicles to the major road network and prohibit the use of the
local roads as access to the site,
5.2 The plan should detail the routing of trucks to and from the site.
5.3 Provision of onsite parking for personnel working on this development, as there is limited
parking available in adjacent streets.
5.4 Provision of safe cycle and pedestrian movements around the development on Hastings
Street and the beachfront.
5.5 No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further
parked trucks must have engines turned off.
5.6 Indicate the location of any holding areas for heavy vehicles.
5.7 Provision of signage and traffic controllers in accordance with Manual of Uniform Traffic
Control Devices and Traffic Infrastructure (Roads) Act.
5.8 Provide an indication where the surplus spoil is to be transported to, and/or source of imported
fill material.
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6. The pathway and road pavement in Hastings Street adjacent to the entrance to the work site shall be
swept clean at regular intervals. The works shall be undertaken under traffic control where applicable.
7. Excavation of the site and the construction of the proposed works shall not have any adverse affects on
the stability of adjoining buildings and/or structures and/or services and/or lands. In this regard a
Registered Professional Engineer Queensland shall supervise the excavation of the site and the
construction of the new works to determine whether any additional measures are required to protect the
stability of adjoining buildings and/or structures and/or services and/or lands.
8. The use of vibratory equipment of any kind is not permitted to be used (including vibrating rollers and the
use of vibrating installation techniques for sheet piling and other construction vibrations caused by
excavating, earthmoving or demolition machinery or other similar construction techniques) unless
approved and supervised by a Certified Geotechnical Engineer. Under such circumstances the operator of
such equipment shall at all times comply with the directions of the Geotechnical engineer and the
reasonable and lawful directions of Council officers.
9. All parts of the works (including excavation, retaining structures, tie backs etc) are to be wholly contained
within the subject site. Any subground structures (support anchors, tie backs etc) to be utilised into
adjoining properties, shall only be used if written permission has been granted by the adjoining property
owners.
10. Certification of the completed works must be provided to Council by the supervising engineer. The
certification shall state that the completed works conform with all aspects of the design and that the
completed works will not have any adverse affects on the stability of adjoining buildings and/or structures
and/or services and/or lands.
11. 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 Construction Technical Officer and shall be installed prior to the commencement of any works.
12. Council’s Construction Technical Officer – Michael Conroy (ph 0410 512 505), shall be given seven (7)
days’ notice of intention to commence works to arrange a “pre start” meeting prior to the commencement
of works.
13. 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.
14. 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.
15. 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 Construction Technical Officer or nominated staff. Council’s Construction Technical Officer shall
provide an inspection form for signing off by the Engineer at appropriate stages of construction, during on-
site meetings. Construction Technical Officer will also sign the form at each stage when conditions
required have been satisfied. The works will be accepted “On Maintenance” after this form, signed by the
inspector for each stage is complete, together with a letter from the Engineer requesting that the works go
“On Maintenance”.
16. 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).
17. Council standards shall apply to these works unless otherwise modified herein.
18. 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.
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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.
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 the Council prior to the commencement of the use.
In the case of any emergency the 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.
19. 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.
20. 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 the Manager-Land Development or his nominee.
21. All signage, including that for safety during construction shall be in accordance with the Manual of Uniform
Traffic Control Devices and Traffic Infrastructure (Roads) Act.
22. Safe pedestrian access on Hastings Street and beachfront pathway shall be maintained at all times.
Should footpath / road closures be necessary to carry out construction works, Council’s Construction
Technical Officer (ph 0410 512 505) must be notified prior to the proposed closure.
23. 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. 1703-0-4, Council’s Manager – Land Development may request further controls to be installed should
approved measures be inefficient.
24. The owners of the subject property shall maintain the grease/oil arrestor pits/gross pollutant traps in
accordance with the manufacturers specifications.
25. 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 a “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.
26. All stormwater drainage lines including private drainage lines (also known as inter-allotment drainage
lines) or as otherwise approved by Council’s Manager of Land Development shall be inspected by closed
circuit television (CCTV) at the completion of all works and immediately prior to acceptance ‘On
Maintenance’. Council’s Construction Technical Officer shall be advised of the timing of this inspection.
A report of the CCTV inspection, including photographic records (which includes photos & video
recordings burnt onto a CD) of the inspection shall be submitted to the Council for approval. Any defects
or substandard works shall be recorded and accurately illustrated on the drainage plan showing the
location of the defect(s).
Substandard work will not be accepted ‘On Maintenance’ and must be rectified at the applicants expense
with a further CCTV inspection arranged once the rectification works have been completed.
To this extent all CCTV inspections, including any additional inspections necessary following defect
identification and rectification, shall be entirely at the applicant’s expense. Any costs incurred by Council
in reviewing the CCTV inspection results shall also be borne by the applicant.
27. Prior to acceptance of drainage and pathway restoration works "On Maintenance", the lodgement of
satisfactory “As Constructed” records of the drainage works shall be submitted to Council.
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As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer (RPEQ) for
design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of all
services and structures. All of which shall be submitted to Council for checking and for Council’s records.
The data must fully detail levels for all engineering works including but not limited to drainage structures,
finished ground levels and pavement surface levels. The data shall be submitted in the Asset Design and
As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at
www.adac.com.au) and Council’s Planning Scheme Policy 5 – Engineering Design Standards – Roads,
Drainage and Earthworks.
Approval of works shall not be granted until all As Constructed information has been supplied and
accepted by Council.
28. A 5% cost of footpath restoration 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.
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.
2007/1181.
31. Pursuant to Section 3.5.21(5) of the Integrated Planning Act 1997, the Relevant Period is two (2) years
from the day this permit takes effect (28 February 2010) during which time all conditions must have been
complied with and the Plan of Survey lodged with the Council for endorsement.
32. 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.
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Local Laws, Policies & State
Regulation Requirements
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
THE FOLLOWING ADVICES 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 Change to an Existing Approval Application under the Integrated Planning Act must be
made. Amended plans clearly indicating the changes must be lodged with this application along with the
appropriate fees.
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Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
The following is an extract from the Integrated (6) If an application involves assessment against
Planning Act (Chapter 4). a concurrence agency code, appeal rights for
submitters for the application are not available
Division 8 - Appeals to court relating to
against the part of the approval that represents the
development applications
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 4.1.29.(1) An advice agency may, within the limits of
may appeal to the court against any of the following- its jurisdiction, appeal to the court about the giving of
(a) the refusal, or the refusal in part, of a a development approval for a development
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 (b) the advice agency told the applicant and the
1
under section 3.1.6; 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 currency period; days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must Appeals for matters arising after approval given
be started within 20 business days (the “applicant’s (co-respondents)
appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of
(3) An appeal under subsection (1)(e) may be the following notices have been given may appeal to
started at any time after the last day a decision on the the court against the decision in the notice-
matter should have been made.
(a) a notice giving a decision on a request for
Appeals by submitters extension of the currency period for an approval;
4.1.28.(1) A submitter for a development application (b) a notice giving a decision on a request to make a
may appeal to the court about- minor change to an approval.
(a) the giving of a development approval, including (2) The appeal must be started within 20 business
any conditions (or lack of conditions) or other days after the day the notice of the decision is given
provisions of the approval; or to the person.
(b) the length of a currency period for the approval. (3) Subsection (1)(a) does not apply if the
(2) The appeal must be started within 20 business approval resulted from a development application
(superseded planning scheme) that was assessed as
days (the “submitters appeal period”) after the day
if it were an application under a superseded planning
the decision notice or negotiated decision notice is
scheme.
given to the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the
mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the
against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be
(4) If an application involves both impact
started at any time after the last day the decision on
assessment and code assessment, appeal rights for
the matter should have been made.
submitters are available only for the part of the
application involving 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 (no co-respondents)
application are available only for the aspects of the
development that would have required public 4.1.31.(1) A person to whom any of the following
notification under the repealed Act. 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.
1
Section 3.1.6 (Preliminary approval may override local planning
instrument)
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NOOSA COUNCIL IDAS Development Application Decision Notice 9 of 9
2
(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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