SUPERSEDED - Decision Notice - 010.2005.00002124.001 [As Published] · 132005.2124

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NOOSA COUNCIL IDAS Development Application Decision Notice                                             2 of 10

9.     CONDITIONS

The approval is subject to conditions. Noosa Council’s conditions are attached. Conditions from the
Environmental Protection Agency, as a concurrence agency are also attached.

10.    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                 Subject of the required Development Permit
 Development Permit for Building Works               All Building works

 Development permit for Operational Works            Landscaping

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                             Date:       4 October 2007




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                                    Noosa Council Conditions
                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


Land Use
1.    Development undertaken in accordance with this approval must generally comply with the approved plans
      of development. The approved plans are numbered and titled 0219.04 Street Level Proposed Plan,
      0219.05 Podium Level Proposed Plan, 0219.06 Level 2 Proposed Plan, 0219.10 North Elevation, 0219.11
      South Elevation/Proposed New Entry and 0219.12 Section A-A prepared by Kidd + Co Designers and
      dated January 2006 and as may be amended by these conditions.

2.    The development must be undertaken and operated in a manner that causes no detrimental effect upon
      the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other
      emissions.

3.    The open space and setback areas are to be landscaped in accordance with Council’s Policy on
      Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified
      Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being
      occupied and maintained at all times thereafter. These plans shall detail the retention of all significant
      vegetation located within the open space area fronting Main Beach, and shall specifically detail:-

      3.1.    the proposed treatment of the grass mound adjoining the northern property boundary;

      3.2.    the retention of mature vegetation to The Parade (Main Beach) frontage consisting of 5 Palms and
              12 Pandanus species;

      3.3.    the retention of the existing screening vegetation along the eastern and northern property
              boundaries;

      3.4.    no net loss of softscape area to The Parade (Main Beach) frontage;

      3.5.    planter box widths adequately sized to allow for the vegetation to be established within them; and

      3.6.    provision of vegetation of a similar to existing scale and density within planter boxes along the
              edge of the upper level deck fronting Hastings Street.

4.    Existing trees on the site and within road reserves are to be retained, except where required to be
      removed due to building operations or the conduct of the approved use. Landscape plans are required to
      be submitted and are to denote areas of existing vegetation and/or existing trees to be retained.

5.    The entry statement roof to The Parade (Main Beach) frontage shall be deleted.

6.    Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining
      as open structures.

7.    Security in the form of a cash bond or trading bank guarantee to the sum of $10 000 must be submitted,
      to secure performance of all conditions of this approval, prior to the issue of a Development Permit for
      Operational Works. The cash bond or trading bank guarantee will be returned on performance of the
      conditions of approval less any costs incurred by Council in respect of enforcing performance of this
      permit.

8.    The Development Permit for a material change of use of premises lapses if the use has not happened by
      11 October 2011, unless an application to extend the currency is approved by Council.
Land Development

Car Parking
9.    Carparking shall be provided within the site generally as shown on drawing number 0219.04 dated Jan
      2006 by Kidd & Co, except as modified herein.




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10.    The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user
       class 2 with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head
       clearance (headroom) at any point of 2.2m.

11.    All carparking shall be kept, maintained and line-marked in a condition fit for use.

12.    All staff carpark spaces shall be clearly defined by line marking each space with the words “Staff Parking
       Only” and by sign posting each space with a similar wording.
Sewer Mains
13.    The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in
       accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
14.    The site shall be connected to Council’s existing town water supply and be constructed in accordance with
       Council’s standards and requirements at no cost to Council.
Earthworks
15.    Earthworks required on site shall be carried out in accordance with Council’s Planning Scheme Policy
       PSP5 – Engineering Design Standards, so as not to cause the additional ponding of water on any
       adjoining lands or the blockage of, or interference with, any natural watercourses.

16.    Earthworks carried out on site shall not affect the structural integrity of any of the existing fences and/or
       buildings and/or structures and/or lands that border the development site. Fences that are affected shall
       be replaced prior to the Building Certifier issuing the Certificate of Classification. In this regard any fences
       to be replaced shall be clearly shown on the plans submitted for Operational Works approval.
Site Stability
17.    A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the
       soil classification, determine the risk of erosion due to major storm events including wave action and
       establish whether any measures are required to protect the stability of the existing and proposed
       buildings, adjoining buildings and/or structures and/or lands, and make recommendations on the type of
       foundation system(s) best suited for the proposed development. The recommendations of this report shall
       be incorporated into the design and construction of the proposed development.

18.    A Geotechnical Engineer or similar qualified expert shall supervise the demolition of those parts of the
       existing building and the excavation and construction of the proposed development to ensure that the
       works are carried out in accordance with the recommendations of the abovementioned report in order to
       protect the stability of adjoining buildings and/or structures and/or lands.
General
19.    Any damage caused to any public utility during the course of construction shall be repaired to Council’s
       standards and at no cost to Council.

20.    Any 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.

21.    The transportation of all materials to and from the site shall be undertaken in a manner such that no
       particle matter escapes onto a public road. All vehicles carrying materials either to or from the site shall
       be covered to prevent materials including dust being windblown from the vehicle.




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                                    Concurrence Agency Conditions –
                                    Environmental Protection Agency
                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION




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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

22.   Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of
      operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In
      accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the
      Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the
      requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational
      works must be submitted to Council with the lodgement of any application for operational works over the
      site.

23.   The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law
      No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that
      makes or causes audible noise to be made from the building work:-

      23.1. On a Sunday or public holiday, at any time; or

      23.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
      A maximum penalty of $1,500 applies to an offence under this legislation.
24.   The applicant is advised that a Compliance Permit for all plumbing and drainage works within the
      boundaries of the development site shall be obtained from Council’s Plumbing Services Section prior to
      obtaining a Development Permit for Building Works.




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                                    List of Submitters
                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION



Rod Knight
PO Box 1517
Noosa Heads QLD 4567




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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
                                                                          approval resulted from a development application
       (2) The appeal must be started within 20 business                  (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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                                      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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