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SUPERSEDED Decision Notice - 010.2008.00001616.001 [As Published] · 172008.1616
Officer: Glen Conforti
Direct Telephone: (07) 5449 5379
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/1616
Your Reference: 08-2311
24 December 2008
W.L & M Fogg Builders Services
CARE Suncoast Building Approvals
PO Box 1054
MAROOCHYDORE QLD 4558
Dear Sir
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 23 December 2008 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/1616
Street address: 11 Arkana Drive, Noosa Heads
Real property description: Lot 71 RP 94023
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Preliminary Approval for Building Works – Alterations & Additions to Detached House
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development: -
Plan / Rev. Plan / Document Name Date
Document No.
Sheet 1 C Basement Floor Plan – GarlandDesign 28 May 2008
Sheet 2 B Lower Floor Plan – GarlandDesign 26 October 2008
Sheet 3 B Upper Floor Plan – GarlandDesign 26 October 2008
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2008/1616
Sheet 4 B Northern Side Elevation – 26 October 2008
GarlandDesign
Sheet 5 B Western Rear Elevation & Eastern 26 October 2008
Front Elevation – GarlandDesign
Sheet 6 B Southern Side Elevation – 26 October 2008
GarlandDesign
Sheet 7 B Longitudinal Section A.A & Cross 26 October 2008
Section B.B – GarlandDesign
Sheet 8 B Roof Plan – GarlandDesign 26 October 2008
and may be amended by these conditions and annotations on the plans.
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. 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 concentrate or direct overland flow on to an
adjoining property.
4. The garage shall not exceed 8.0 metres above natural and finished ground level.
5. A verification survey of the garage is to be carried out by a Licensed Surveyor and a certificate
lodged with Council at completion of work confirming compliance with the maximum allowable
building height as required by either the conditions of approval or the Planning Scheme.
6. 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.
7. All other vegetation shall be protected from interference resulting from clearing or construction
activities by:
7.1 Clearly marking vegetation to be retained with flagging tape;
7.2 Installing protective fencing around the drip line of the vegetation;
7.3 Low impact construction techniques are used around vegetation to minimise
interference with the vegetation.
8. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
8.1 Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a
minimum of 10 metres between edges of heaps.
8.2 Disposal for firewood.
8.3 Disposal for landscaping purposes.
8.4 Transport to alternative site for breaking down materials provided that all necessary
permits have been obtained to allow the alternate site to be used for this purpose.
8.5 The Applicant is advised that other methods may be considered provided full details of
the method are submitted.
8.6 The applicant is advised that burning off is an unacceptable method of disposal.
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9. Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for building 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.
10. Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) shall
not be constructed under overhead electricity transmission lines, or within any easements.
11. A geotechnical report, prepared by a registered professional engineer shall be obtained, and
shall either:-
11.1 Certify that the site is not at risk from landslide emanating from the site or from other
land; or
11.2 Identify methods of stabilising all buildings, accessways and uses areas; and where
the geotechnical report identifies methods of stabilising buildings, accessways and
uses areas. The development shall implement those methods, which are
recommended.
12. Screening vegetation consisting of native, endemic species with a mature height of not less
than the building height shall be planted in the void area between the driveway and walkway in
accordance with Council’s Landscaping Guidelines.
13. Sediment and erosion control measures must be in place prior to building work. 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.
Currency
14. The Preliminary Approval lapses if work has not been completed by 23 December 2010,
unless an application to extend the currency is approved by Council.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
Sheet 1 C Basement Floor Plan – GarlandDesign 28 May 2008
Sheet 2 B Lower Floor Plan – GarlandDesign 26 October 2008
Sheet 3 B Upper Floor Plan – GarlandDesign 26 October 2008
Sheet 4 B Northern Side Elevation – 26 October 2008
GarlandDesign
Sheet 5 B Western Rear Elevation & Eastern 26 October 2008
Front Elevation – GarlandDesign
Sheet 6 B Southern Side Elevation – 26 October 2008
GarlandDesign
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Sheet 7 B Longitudinal Section A.A & Cross 26 October 2008
Section B.B – GarlandDesign
Sheet 8 B Roof Plan – GarlandDesign 26 October 2008
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. 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:-
1.1. On a Sunday or public holiday, at any time; or
1.2. 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.
2. Prior to the commencement of the development, a plumbing assessment must be obtained
from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage
Act 2002 (as applicable).
3. The site is identified as a Koala Living Area under the Nature Conservation (Koala)
Conservation Plan 2006 and Management Program 2006-2016 and may contain koalas. The
use of a Koala Spotter is encouraged in areas where koalas are likely to occur, prior to the
removal of Angophora, Corymbia, Eucalyptus, Lophostemon and Melaleuca species. Further
information can be obtained from the Environmental Protection Agency at
<http://www.epa.qld.gov.au> or Ph. (07) 32278185.
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
A preliminary approval under section 3.1.6 of Integrated Planning Act 1997 has been granted and as
such the level of assessment and applicable codes for any development approval resulting from this
approval are identified in the conditions.
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10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All Building Works
11 SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Detached House Driveways Code
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,
Tracy Jones
ACTING MANAGER – LAND USE
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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
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 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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2008/1616
(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;
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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