Skip to the record
The only place to find full transcripts.

Council archive · source document

23117 DA COMPILED Decision Notice [As Published] · 132002.220609.3

of 22

Text shows just the words. Original shows the document exactly as it was published.

NOOSA COUNCIL IDAS Development Application Decision Notice                                                             1




                                            Form 6 –Compiled Decision Notice
                                            INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION


 File No:          23117 DA                Date of Decision:    2 August 2007
                                                                Original Decision: 4 November 2004

1.       APPLICANT DETAILS

 Name:                      Settlers Cove Development PTY LTD

 Postal address:            C/- Russell Ryter - Ryter Planning PO Box 5872 MAROOCHYDORE QLD 4558

 Phone no:                  5479.4442                 Fax no:     5479.4447          Mobile:     0418 729707

2.       PROPERTY DESCRIPTION

 Street address:            None Serenity Close

 Suburb/locality            NOOSA HEADS

 Real property              LOT 4 SP 100064 (PROPOSED LOT 4), County Of March, Parish Of Weyba
 description:

3.       OWNER DETAILS

 Name:                      RF Thompson PTY LTD

 Postal address:            UNIT 2, 42 Duporth Avenue, MAROOCHYDORE QLD                      Postcode:    4558

4.       REFERRAL AGENCIES

 Referral Agency                       Address                                               Basis

 Nil

5.       APPLICATION TYPE

 Development                                  Development Details                  Preliminary           Development
                                                                                    Approval                Permit

 Material Change of Use                       Multiple Dwelling (22 dwelling            NO                  YES
                                              units)

6.       DECISION DETAILS

Council on 4 November 2004 decided to approve the application and grant a Development Permit, subject to
conditions.
In relation to an application to change the Conditions of Approval, Council on 2 August 2007 decided to:
A.       Approve a change to Conditions 1, 81, 83, 84 & 86
B.       Issue a Compiled Decision Notice




SEP o:\database\onestop\decision.doc
Full text of the other 21 pages

Page 2

NOOSA COUNCIL IDAS Development Application Decision Notice                                                            2


7.       APPLICABLE CODES

The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Not applicable.

8.       SUBMISSIONS

15 submissions were received.

9.       CONDITIONS

The approval is subject to conditions. Noosa Council’s conditions are attached.

10.      FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                     Subject of the required Development Permit

 Development Permit for Building Works                   Multiple dwelling (22 dwelling units)
                                                         Landscaping, car parking and access, frontage works,
 Development Permit for Operational Works                stormwater disposal, sediment and erosion controls filling of
                                                         the site, roadworks, sewer reticulation (including new mains,
                                                         relocations, diversions, pump stations and rising mains), water
                                                         reticulation, earthworks.

11.      RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.      ASSESSMENT MANAGER

 Name:         Noosa Council                 Signature:                                          Date:   31/08/05



DECISION NOTICE HISTORY
 Original Decision Notice 04/11/04.
 Negotiated Decision Notice with amendment to
   Conditions 97, 122.5, 122.8 and deletion of
   Condition 122.7 on 10 March 2005.
 Minor Change to the approval with amendment to
   Conditions 1 & 121 and 3 additional conditions on 24
   August 2005
 Minor change to the approval with amendment to
   Conditions 1, 81, 83, 84 & 86 on 2 August 2007..




SEP o:\database\onestop\decision.doc

Page 3

NOOSA COUNCIL IDAS Development Application Decision Notice                                                          3




                                         Noosa Council Conditions
                                         INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


1.       Development undertaken in accordance with this approval must generally comply with the approved plans
         of development. The approved plans are numbered 0000.02.01 dated May 2007 SCV01, SCV dated 11
         May 2007 and prepared by Place Planning & Design, 02.02 to 02.09 and 02.18 dated May 2007 prepared
         by CBD 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.
                                                                                             2
3.       The development shall not exceed the maximum gross floor permitted of 5404m . Amended plans shall
         be submitted to Council prior to lodgement of an application for Operational Works.

4.       The open space and setback areas within the area of the site able to be developed excluding the area of
         the site included on the Non-Urban zone, are to be landscaped in accordance with Council’s Policy on
         Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to be completed
         prior to the premises being occupied and maintained at all times thereafter and shall include:

         4.1.      retention of existing trees within the side and front setback areas, except where their removal
                   would be necessary as a result of approved building or operational works;

         4.2.      retention of existing trees between the building and the area of the site identified as Open Space
                   Conservation & Waterway on Drawing No. 881228/E, titled ‘Metes & Bounds Plan for Private Open
                   Space for Conservation and Waterways Protection on Residential High Density (RHD) and dated
                   30 June 2004, except where their removal would be necessary as a result of approved building or
                   operational works or the requirements of the Bushfire Management Plan; and

         4.3.      incorporation of koala and glossy black cockatoo food trees.

5.       Any fencing provided in conjunction with the development is to be setback at least 1 metre from the road
         frontage with at least half of any fence setback 2 metres. Dense landscaping is to be provided between
         the road frontage and any fencing.

6.       Existing trees on the site and within road reserves are to be retained except where required to be
         removed due to building operations, requirements of the Bushfire Management Plan & the Ecological
         Restoration Plan or the conduct of the approved use.

7.       Any advertising sign or device is to comply with the provisions of Council's policies on advertising.

8.       Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 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.

9.       The requirements of this development approval are to be effected, prior to the use of the premises.
         Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect
         compliance with conditions.

10.      This Development Permit for a material change of use of premises lapses if:-

         9.1 the use or erection of a building or other structure associated with the use, has not been commenced
             by 4 November 2008, unless application is made and approved by Council for an extension; or

         9.2 the use of any premises pursuant to the Development Permit is abandoned.




SEP o:\database\onestop\decision.doc

Page 4

NOOSA COUNCIL IDAS Development Application Decision Notice                                                         4


11.      The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to
         obtaining a Development Permit for building works.

12.      The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA
         Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products – Rating
         and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2). All tap ware
         and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers, baths, spa baths
         and washing machines are excluded from this requirement.

         Environmental

13.      The development over the subject site shall comply with the following:

         13.1. All necessary stormwater, erosion and sediment and water quality management and control
               devices shall be located within the development precinct. That is, areas shown as ‘Selective
               Clearing’ on the Vegetation Clearing Plan dated 23.7.04.

         13.2. No clearing or removal of native vegetation (other than that specified in the Ecological Restoration
               Plan) shall be undertaken within the area of ‘Retained and Enhanced Vegetation’ shown on the
               Vegetation Clearing Plan dated 23.7.04.

         13.3. The building set back line between the ‘Private Open Space for Conservation & Waterways
               Protection’ area and any development on proposed Lot 7 of the Residential High Density
               Development shall be 6.0 metres, apart from accessible open decks and balconies which shall
               maintain a setback of 3.0 metres.
         Management Plans

14.      The Applicant shall prepare various management plans that relate to the design, construction and
         operational phases of the development. These plans are to be prepared by appropriately qualified
         persons to the reasonable satisfaction of Council prior to any further approvals being issued, unless any
         other condition herein or in a subsequent development permit require otherwise.
         The plans are to provide specific matters detailed in the conditions of this approval. The plans to be
         submitted include:

         14.1. Environmental Management Plan

         14.2. Ecological Restoration Plan and Specifications

         14.3. Fauna Management Plan

         14.4. Fire Management Plan

         14.5. Construction Management Plan (including Traffic Management Plan)

         14.6. Sediment and Erosion Control Plan

         14.7. Stormwater and Water Quality Management Plan

         14.8. Acid Sulphate Soils Management Plan
         Fees Payable

15.      The Applicant shall pay Council all reasonable costs for the assessment of the management plans and
         also the costs associated with ensuring the development complies with the requirements of this approval.
         These costs shall be limited to a maximum of $30,000 including the cost of external consultants should
         they be required.

16.      The further approvals required to allow development to occur shall be subject to the fees contained in
         Council’s Fees and Charges Schedule.




SEP o:\database\onestop\decision.doc

Page 5

NOOSA COUNCIL IDAS Development Application Decision Notice                                                          5


         Environmental Covenant

17.      An environmental covenant as defined by Part 6, Division 4a of the Land Title Act 1994, shall be
         registered in favour of Council on the title of proposed Lot 7 having an area described by metes and
         bounds on Drawing No. 881128/E M & B dated 30/06/04, described as Private Open Space Conservation
         & Waterway Protection area.

18.      The environmental covenant shall cater for the requirements of the conditions of approval by protecting
         vegetation described as the ‘Retained and Enhanced Vegetation’ as shown on the Vegetation Clearing
         Plan dated 23 July 2004.
         Private Open Space for Conservation & Waterways Protection

19.      The area of the site known as the ‘Private Open Space for Conservation & Waterway Protection’ area on
         Drawing No. 881128/E M & B and dated 30/06/04 shall be:

         19.1. Managed to protect and reinforce its environmental values, particularly its Koala habitat and
               corridor values, Glossy Black Cockatoo habitat values, scenic amenity values and water quality
               protection function.

         19.2. Managed and maintained in accordance with the approved Environmental Management Plan,
               Fauna Management Plan, Fire Management Plans and Ecological Restoration Plan.

         19.3. Separated from adjacent development by a 1.2 m high fence. The fence shall be ‘fauna-friendly’
               but shall deter unauthorized people from entering the area. A suitably located lockable gate may
               be provided to allow appropriate access by authorised personnel subject to the reasonable
               satisfaction of the Manager – Land Use.

         19.4. Have signs placed on the fence to inform people that the ‘Private Open Space for Conservation &
               Waterways Protection’ area is for conservation and waterway protection purposes and access is
               prohibited.

         19.5. Maintained by authorized people only permitted in this area as appointed by the owner responsible
               for the management and protection of the ‘Private Open Space for Conservation & Waterways
               Protection’.

         19.6. Protected from infrastructure, tracks, drainage, water control devices, etc. or other development.

         19.7. Protected so that native trees and vegetation are not removed, pruned, lopped, damaged or
               otherwise adversely affected without written approval from Council’s Manager – Environmental
               Services.

         19.8. The ‘Private Open Space for Conservation & Waterways Protection’ area shall be restored and
               managed in accordance with the Ecological Restoration Plan.
         Vegetation Removal, Disposal and Protection in the Development Area

20.      Vegetation protection, removal and disposal within the development area shall be undertaken in general
         accordance with the Fauna Management Plan by James Warren & Associates (dated May 2003) and the
         Vegetation Management Plan by Greening Australia (dated May 2003).

21.      Vegetation removal, tree felling and lopping shall be undertaken in an environmentally sensitive manner to
         avoid damaging surrounding vegetation, trees and habitat.

22.      Prior to felling or lopping all trees are to be checked for wildlife (eg. koalas, cockatoos, possums). If
         wildlife species are present, the tree shall not be felled or lopped until the wildlife has left the tree.

23.      All cleared vegetation shall be suitably processed or removed from the site by a method approved by
         Council.

24.      Environmental weed species cleared from the site shall not be mulched. Vegetation material from
         environmental weed species shall be removed from the site and disposed of in a Council approved refuse
         tip.




SEP o:\database\onestop\decision.doc

Page 6

NOOSA COUNCIL IDAS Development Application Decision Notice                                                          6


25.      Burning off is not considered an acceptable means of disposal and is not to take place.

26.      During construction, the boundaries of areas of retained and protected vegetation shall be clearly marked
         for the purpose of preventing access into these areas thereby protecting the vegetation and habitat
         values.

27.      All underground services, drainage, footpaths, bikepaths, roads and other site works shall be located to
         minimize adverse impacts on retained vegetation, particularly their root system.

28.      Vegetation and individual trees retained in the development area shall be healthy and vigorous with an
         expected life span of at least 50 years. A risk assessment by a qualified arborist shall be undertaken on
         all individual trees and stands of vegetation to be retained within the development area. An arborist’s
         written report shall be included in the relevant Operational Works applications.

29.      Prior to the commencement of any works on site a photographic survey of the existing vegetation within
         the escarpment area (the area of the site zoned Non-Urban) shall be undertaken and submitted to
         Council. Following the completion of all ecological restoration works a further photographic survey shall be
         undertaken annually and submitted to Council as evidence of the vegetation that is to be protected on
         site.
         Koalas and Koala Habitat Protection

30.      Koalas and their habitat require special protection and particular consideration shall be given to:

         30.1. The protection and restoration of koala habitat, habitat linkages and corridors on the site as shown
               on Figure 7 by Environmental Science and Services, dated October 2003.

         30.2. The protection and restoration of existing and new vegetation to facilitate Koala movement
               throughout the entire site.

         30.3. The protection of Koalas during the construction and operation phases of the development.

         30.4. The planting of additional koala food and habitat tree species as part of the landscaping in the
               development area.

31.      Known Koala habitat trees within development precincts shall be protected unless specific approval exists
         for their removal or lopping, or their removal or lopping would be necessary as a result of approved
         operational or building works.

32.      Rehabilitation/re-establishment of the Koala habitat and habitat links shown in Figure 7 by Environment
         Science & Services dated October 2003 within the site shall be given priority in the Ecological Restoration
         Plan and the landscaping plans for the development area of the site.

33.      All swimming pools provided for by any development shall have a rope installed to allow Koalas to exit the
         pool.
         Glossy Black Cockatoos and their protection

34.      Glossy Black Cockatoos and their habitats require special protection and particular consideration shall be
         given to:

         34.1. The protection and restoration of Glossy Black Cockatoo habitat on the site.

         34.2. The protection of Glossy Black Cockatoos during the construction and operation phases of the
               development.

         34.3. The planting of additional Glossy Black Cockatoo food and habitat tree species as part of the
               landscaping in the development precincts.

         34.4. Rehabilitation/re-establishment of Glossy Black Cockatoo habitat within the development precincts
               shall be given priority in the Landscape Master Plan.

         34.5. Nesting boxes for cockatoos shall be installed on trees.




SEP o:\database\onestop\decision.doc

Page 7

NOOSA COUNCIL IDAS Development Application Decision Notice                                                             7


         Weed and Pest Species Control

35.      Weed control shall be undertaken in general accordance with the Vegetation Analysis Report, dated
         December 2002, prepared by Greening Australia.

36.      All plants listed as environmental weeds by the Queensland Herbarium or listed as Undesirable Plant
         Species by Noosa Council shall be removed and/or treated as per condition 35.

37.      Prior to entering the site, all construction machinery and vehicles shall be washed down to remove soil
         that may contain weed seeds, soil pathogens and pest species.

38.      All nursery stock shall be weed, pest and disease free and certified as such by the supplier. The
         certificates are to be obtained prior to the commencement of any landscaping works on site and shall be
         made available to Council upon request.

39.      All mulch produced on site by mulching cleared vegetation and trees shall specifically exclude material
         (particularly seeds) from environmental weed species (eg. lantana, asparagus and umbrella trees).

40.      Soil disturbance shall be kept to a minimum to avoid weed proliferation.

41.      The eradication and control of environmental weeds will be an integral part of both the Ecological
         Restoration Plan and any landscaping plans for the development. Vegetation used in restoration work
         and landscaping shall exclude environmental weed species.
         Ecological Restoration Plan and Specifications

42.      An Ecological Restoration Plan and Specifications shall be prepared by a specialist restoration ecologist,
         to the reasonable satisfaction of the Council. The applicant shall implement the Plan and Specifications.
         It shall identify all the areas designated as ‘retained and enhanced’ vegetation that require ecological
         restoration and specify actions and works necessary to result in robust, self-sustaining viable plant
         communities and habitat. (Note: The dense she-oak and wattle areas are a stalled seral stage of a
         Eucalyptus and Callitris open forest. These areas need special management to ‘kick-start’ the natural
         regeneration processes and enable the vegetation to develop into self-sustaining open forests. It is not
         just a matter of removing weeds and planting some trees.). The following, inter alia, shall be addressed
         and included in the Plan and Specifications:

         42.1. Document the current status of the areas requiring ecological restoration in terms of structure,
               floristics, missing elements, health, vigour, etc.

         42.2. Formulate structural and floristic models for the plant communities requiring ecological restoration.

         42.3      Specify the required works and actions for each area in terms of:

                           site preparation (this may include thinning, removal of dense leaf litter, weed removal and
                             control, etc.),

                           establishment of the missing floristic and structural elements,

                           habitat creation and reinforcement for native fauna and reinforcement of habitat linkages
                             and corridors,

                           creating opportunities for regeneration from the seed bed, natural recruitment and the
                             establishment of wildlings,

                           planting and mulching procedures,

                           fertilizing procedures noting the low nutrient status of these ecosystems,

                           watering procedures,

                           protection from wildfire, particularly during the establishment phase,




SEP o:\database\onestop\decision.doc

Page 8

NOOSA COUNCIL IDAS Development Application Decision Notice                                                         8


                           erosion and sediment control,

                           on-going maintenance,

                           environmental safeguards, and

                           incorporation of the relevant requirements of all the management plans required by this
                             approval, particularly the Fauna Management Plan, Fire Management Plan, and the
                             Environmental Management Plan.

43.      The Ecological Restoration Plan and Specifications shall include all parts of the site designated as
         ‘Retained and Enhanced Vegetation’. This area is shown in green on the Vegetation Clearing Plan dated
         23.07.04.
         Fauna Management Plan

44.      A Fauna Management Plan shall be prepared to the reasonable satisfaction of the Council and shall be
         implemented by the applicant. The Fauna Management Plan shall be generally in accordance with James
         Warren’s & Associates Fauna Management Plan dated May 2003.

45.      The Fauna Management Plan shall specify the numbers and types of forage and habitat trees (particularly
         for Koalas and Glossy Black Cockatoos) to be planted in the ‘retained and enhanced’ vegetation area
         shown on the Vegetation Clearing Plan dated 23.7.04. Particular attention shall be paid to the following
         areas:

         45.1. Planting of Allocasuarina littoralis (for Glossy Black Cockatoos) also appropriate hollow developing
               trees throughout all areas of retained vegetation and areas to be rehabilitated.

         45.2. The ‘Private Open Space for Conservation & Waterways Protection’ area within proposed Lot 7.
               Nesting boxes of a range of sizes shall be installed in nominated trees. The number, type, size,
               location and purpose of the nesting boxes is to be specified. The manner in which these nesting
               boxes are to be maintained shall be specified.

46.      No cats and dogs shall be permitted on the subject land either during construction or by owners of any
         premises unless kept in purpose-built cat or dog runs (eg. large caged or fenced areas).
         Fire Management Plan

47.      A Fire Management Plan shall be prepared, to the reasonable satisfaction of the Council, for the subject
         land and shall be implemented by the owner.

48.      The Fire Management Plan shall address:

         48.1. Fire management and protection within the site.

         48.2. Bushfire management and control in all the area of Retained and Enhanced Vegetation.

49.      The Bushfire Management component of the Fire Management Plan shall be generally in accordance with
         the Bushfire Management Plan prepared by Greening Australia Queensland, dated May 2003. It shall
         incorporate recommendations for fuel reduction other than by fire. Further the Fire Management Plan will
         address provision of some fire hydrants on the proposed firebreaks on the adjoining land, as required.

50.      The Fire Management Plan is to be implemented by the Developer and future owners of the site and is to
         be referenced in any community management statement(s).

51.      The Fire Management Plan shall demonstrate a high level of environmental care and responsibility and be
         consistent with best practice for developments of this type in similar environments.

52.      Fire hydrants shall be supplied and located at the boundary of the development at the point where they
         abut or include areas of native vegetation.

53.      The Fire Management Plan for the developed areas shall address, inter alia, the following:




SEP o:\database\onestop\decision.doc

Page 9

NOOSA COUNCIL IDAS Development Application Decision Notice                                                      9


                 setback zones from retained native vegetation;

                 access between structures and vegetated areas;

                 proposed building construction methods, materials and designs to reduce fire risks;

                 gutter treatments to avoid the collection of leaves and other fire-prone material;

                 location of fire hydrants and water points;

                 access for fire fighters and emergency workers;

                 fire suppression and evacuation procedures;

                 landscaping measures to reduce fire risk;

                 owners and operators training and responsibilities;

                 implementation procedures.

54.      The Fire Management Plan shall meet the provisions of the Queensland Fire and Rescue Authority Act
         1990 and shall be endorsed by the Queensland Fire & Rescue Authority.

55.      The Applicant shall provide a bushfire information kit to the body corporate manager. The bushfire
         information kit shall be submitted to Council for approval as part of the Fire Management Plan.

56.      The Fire Management Plan shall incorporate all the relevant requirements of, and be consistent with, all
         the other management plans required by this approval.
         Environmental Management Plan

57.      An Environmental Management Plan (EMP) shall be prepared and implemented to ensure that the impact
         of the development on the environment is minimised and that the environmental values of the site are
         protected and enhanced. The EMP is to:

         57.1. Comply with AS14000.

         57.2. Demonstrate a high level of environmental care and responsibility and be consistent with best
               practice for developments of this type in similar environments.

         57.3. Detail the developer’s environmental policy and the proposed environmental management system
               for the site.

58.      The Environmental Management Plan shall specify to the reasonable satisfaction of Council: the
         performance targets, including those derived from the conditions and other requirements arising from
         legislation and other approvals;

         -      how the performance targets are to be achieved;

         -      when the performance targets will be satisfied;

         -      how performance will be monitored;

         -      corrective actions and contingency measures to be undertaken;

         -      reporting arrangements (including monthly reports to Council during construction);

         -      auditing arrangements;

         -      how the requirements are to be incorporated into construction and works contracts;




SEP o:\database\onestop\decision.doc

Page 10

NOOSA COUNCIL IDAS Development Application Decision Notice                                                      10


         -      how the developers employees, contractors and the contractor’s employees will be informed and
                trained with respect to the environmental protection requirements;

         -      enforcement; and

         -      penalties for non-compliance.

59.      The EMP shall apply to all works and activities on the site and the adjacent road reserve.

60.      In particular, but without limitation, the EMP shall address the following issues in relation to the
         construction and operational phases of the development:

         -      legislative compliance;

         -      vegetation protection;

         -      fauna and fauna habitat protection;

         -      aquatic ecosystem protection;

         -      weed control;

         -      pest control (particularly mosquitoes)

         -      soil erosion and sediment control;

         -      water quality protection;

         -      groundwater protection;

         -      air quality protection;

         -      acid sulphate soil management;

         -      storage and handling of hazardous substances;

         -      noise and vibration management;

         -      waste management;

         -      cultural heritage management;

         -      visual amenity protection;

         -      bushfire control;

         -      environmental emergencies;

         -      community liaison.

61.      The Environmental Management Plan shall incorporate the requirement for monthly environmental
         compliance monitoring and annual audit reports to be submitted to Council for the construction stages of
         the development. The format and content of these reports shall be in hard copy and digital form,
         generally in accordance with the following:

         61.1. Include tables of the monitoring results (digital form should be in Excel).

         61.2. Include individual charts plotting the results for all parameters required in the monitoring.

         61.3. Include a brief written discussion of the results and recommend any necessary actions.




SEP o:\database\onestop\decision.doc

Page 11

NOOSA COUNCIL IDAS Development Application Decision Notice                                                        11


62.      The Applicant and all future owners of the site shall comply with the EMP and compliance with the EMP
         shall be referenced in any community management statement for any group title development over the
         site.
         Sediment and Erosion Control Plan

63.      Detailed staged Sediment and Erosion Control Plans shall be prepared for the site, to the reasonable
         satisfaction of Council and implemented by the owner. The Plans shall be in accordance with the
         Institution of Engineers Australia ‘Engineering Guidelines for Queensland Soil and Sediment Control’
         (June 1996) and in particular using Checklist No. 3 from that document. The Sediment and Erosion
         Control Plans shall cover all development on site (during the construction, establishment and operational
         phases), ecological restoration and remediation works. The methods of controlling erosion and sediment
         are required to be submitted to the Council for approval prior to obtaining a Development Permit for
         Operational Works.

64.      The Sediment and Erosion Control Plans shall also apply to the area of ‘Retained and Enhanced
         Vegetation’ shown on the Vegetation Clearing Plan dated 23.7.04, and shall:

         -      identify existing erosion problems, and

         -      specify appropriate remedial actions.

65.      All necessary erosion and sediment control devices shall be incorporated within the development area of
         the site. That is the area shown as ‘Selective Clearing’ on the Vegetation Clearing Plan dated 23.7.04.
         Stormwater and Water Quality Management Plan

66.      A Stormwater and Water Quality Management Plan for the site shall be prepared to the reasonable
         satisfaction of Council and implemented by the owner.

67.      The Stormwater and Water Quality Management Plan shall take into account matters specified in section
         19.4 of the Environmental Protection (Water) Policy 1997.

68.      Key water quality objectives to be reflected in the Stormwater and Water Quality Management Plan are for
         the protection of aquatic ecosystems in the waterways, wetlands and wet heathlands of the site and the
         receiving waters of Noosa Inlet and the Noosa River. The low nutrient and pH environment of the
         wetlands and wet heathlands of the site are the key factors in determining appropriate performance
         targets. Specifically, water quality objectives shall include the following performance targets, subject to
         the constraints of the catchments external to the site:
         -         Total nitrogen levels – 0.34 mg/l
         -         Total phosphorous levels – 0.035 mg/l
         -         pH – 4 to 5.

69.      The Stormwater and Water Quality Management Plan shall comply with and address, inter alia, the
         following issues in relation to the construction, establishment and operation phases of the development:

         69.1. All necessary stormwater treatment and water quality devices associated with the development
               shall be located within the approved boundaries of the site.

         69.2. During the construction phase, monthly water quality monitoring and monitoring after significant
               rainfall events (at least two per year) shall be undertaken for:

                           suspended solids and turbidity,

                           temperature,

                           salinity,

                           total nitrogen,

                           total phosphorous,




SEP o:\database\onestop\decision.doc

Page 12

NOOSA COUNCIL IDAS Development Application Decision Notice                                                             12


                           pH,

                           trash and gross pollutants, and

                           dissolved oxygen.

         69.3. During the establishment and operation phases, water quality monitoring shall be undertaken every
               third month and monitoring after significant rainfall events (at least two per year) shall be
               undertaken for:

                           total nitrogen,

                           total phosphorous,

                           suspended solids and turbidity,

                           pH,

                           salinity,

                           temperature,

                           dissolved oxygen,

                           trash and gross pollutants,

                           algal count and identification, and

                           faecal coliforms.

70.      The Developer shall continue this water quality monitoring for a period of 3 years from completion of the
         final stage of construction.

71.      In addition, the Developer shall undertake inspections for erosion and deposition, the build-up of trash and
         gross pollutants, and other water pollution. These inspections will be carried out every third month as well
         as after significant rainfall events, for a period of 3 years from completion of the final stage of construction.

72.      An operational phase Water Quality Management Plan shall be prepared to the reasonable satisfaction of
         Council and address water quality performance targets, water treatment devices, water quality
         maintenance, requirements for stormwater management measures and devices, contingency measures
         for aquatic plant growth, loss of vegetation in swales and filter strips, pollution response and algal blooms.
         It shall also include a mosquito management strategy. The plan shall demonstrate compliance with the
         prescribed water quality objectives.
         72.1      Responsibilities shall be clearly delineated.
         72.2      Non-compliance with prescribed water quality standards will trigger the implementation of
                   measures to rectify the problem(s).
         72.3      Reports on monitoring, incidents, corrective action and plan updates shall be submitted to Council
                   every three (3) months with Council being notified if any incident is recorded. These reports shall
                   include information collected during the monthly monitoring program, shall highlight any non-
                   standard results, and be submitted in a form acceptable to Council. The format and content of
                   these reports shall be in hard copy and digital form, generally in accordance with the following:

                           including tables of the monitoring results (digital form should be in Excel);

                           include individual charts plotting the results for all parameters required in the monitoring
                             (digital form should be in Excel);

                           include a brief written discussion of the results and recommend any necessary actions.




SEP o:\database\onestop\decision.doc

Page 13

NOOSA COUNCIL IDAS Development Application Decision Notice                                                         13


         Water Quality Devices

73.      Water quality control devices shall be installed generally in accordance with the Stormwater and Water
         Quality Management Plan. Detailed staging plans and specifications, based on and generally in
         accordance with the Plan shall be prepared and submitted (after consultation with officers of the Council)
         with the relevant applications for operational works.
         Drainage Works

74.      The Developer shall complete the drainage works progressively in conjunction with development of the
         site and generally in accordance with the approved Stormwater and Water Quality Management Plan.
         Detailed drainage plans and specifications, based on and generally in accordance with the approved
         Drainage Plan, the EMP and these Conditions, shall be prepared and submitted (after consultation with
         officers of the Council) with the relevant applications for operational works.

75.      All drainage works as required by the Drainage Plan shall be provided by the Developer at its own cost.

76.      A holding tank shall be provided on site with a capacity to hold at least 20,000 l for the purposes of
         providing a water supply for non-potable uses such as landscaping.

Land Development
Vehicle Access

77.      A 5.5 metre wide concrete crossover driveway shall be constructed from Serenity Close generally in
         accordance with Council’s Standard Drawing 9002.

78.      The driveway shall be designed and constructed to Council’s design standards and to grades that prevent
         vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath
         without any level difference. Should any driveways be constructed to grades that do not comply with
         Council’s Standards or AS2890.1-2004, Council will require that the driveway be removed and
         reconstructed to levels that do comply.
         Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the
         footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.

79.      All vehicles shall enter and leave the site in a forward direction.

80.      Full engineering details of the proposed driveway and carparking area shall be submitted for approval
         prior to obtaining a Development Permit for Operational Works.
Internal Driveways

81.      The development shall have an internal driveway that complies with the requirements of AS2890.1-2004.
         Mark lining between the ingress and egress lanes through the bend in the driveway within the basement
         carpark shall be required to sure safe passage of vehicles on both lanes.
Service Bay

82.      One of the 5-carparking spaces, towards the frontage of the development, shall be used as a shared
         service bay for small delivery/maintenance vehicles. This space shall be clearly line-marked and sign
         posted for use by Service Vehicles between the hours of 6am to 6pm. Outside of the specified hours the
         space could be used as a standard visitor space.
Carparking

83.      Carparking shall be provided within the site as generally shown on drawings number 02.01 Issue A1 and
         02.02 Issue A dated May 2007 prepared by Settler’s Cove, except as modified herein.

84.      A minimum of 56 carpark spaces shall be provided on site, comprising:

         84.1. 51 covered carpark spaces (within the basement), consisting of 26 resident spaces and 25 visitor
               spaces (including 1 disabled space).

         84.2. 5 uncovered carpark spaces for short term parking (towards the frontage of the development),
               consisting of 4 standard spaces with 1 disabled space.



SEP o:\database\onestop\decision.doc

Page 14

NOOSA COUNCIL IDAS Development Application Decision Notice                                                            14


85.      All carparking areas shall be designed to comply with the provisions of AS 2890.1-2004 and with a
         minimum head clearance (headroom) at any point of 2.2m.

86.      All carpark spaces shall be clearly defined by line marking each space and by providing appropriate
         signage defining the space usage purpose. To this extent:

         86.1. One (1) of the single carpark spaces within the basement (numbered 32) must be line-marked and
               singed specifically as a disabled visitor carparking space.

         86.2. One (1) of the uncovered carpark spaces (towards the frontage of the development) must be line-
               marked and signed specifically as a disabled carparking space.

         86.3. One (1) of the uncovered carpark spaces (towards the frontage of the development) must be line-
               marked and signed specifically for “Service Vehicles” between the hours of 6am to 6pm.

         86.4. Three (3) of the uncovered carpark spaces (towards the frontage of the development) must be line-
               marked and signed specifically for “Visitor Parking Only”. In addition, these spaces shall be
               restricted to short term parking only with a maximum time limit of 2 hours.

         86.5. All carparking defined is to remain as car spaces and not to be converted to storage or enclosed
               other than as permitted by these conditions.

         The requirements of this condition are to be included in the Community Management Statement for the
         development.

87.      Access to the visitor car parking in the basement shall be controlled via an intercom system, which
         ensures that these spaces are available to visitors.

88.      A small sign shall be installed within the site (in a clearly visible location for all vehicles to see near the
         entry gates) to advise visitors that visitor car parking spaces are provided within the basement carpark
         and to use the intercom system to contact the manager or the unit they are visiting to enable entry to the
         basement and to these spaces.
Vegetation Protection

89.      All trees to be retained shall be clearly defined on all drawings and clearly marked on site to prevent any
         damage occurring to these trees.

90.      Any works required within the drip zone of any trees to be retained shall be carried out by hand, not by
         machinery.

91.      The internal driveway (or any other form of hard pavement for that matter) within the drip zone of any trees
         on site to be retained shall be designed to allow the flow of water through the pavement or be designed to
         direct stormwater runoff to the trees root system. To this extent the uncovered visitor spaces towards the
         frontage of the development may be able to incorporate Grass Rings or a similar device that allows water
         penetration.

92.      All pavements shall be constructed so as not to damage the root system of any trees to be retained and in
         this regard temporary fencing shall be provided around the trees during construction to help protect them.

93.      Plans shall be submitted to the Council for approval that clearly show the type and extent of pavements
         proposed, how they comply with the above conditions and also illustrating any temporary fencing to
         protect the trees prior to obtaining a Development Permit for Operational Works.
Frontage Works

94.      Footpath improvements such as topsoiling, grassing, and tree planting are required to the Serenity Close
         frontage of the site (if not already provided) in accordance with Planning Scheme Policy PSP1
         Landscaping Guidelines. Grass shall be couch, free of weeds.

95.      A new 1.5 metre wide concrete path shall be constructed along the Serenity Close frontage of the site (if
         not already provided) in accordance with Council’s design standards and to an alignment that protects any
         significant vegetation or any underground services.




SEP o:\database\onestop\decision.doc

Page 15

NOOSA COUNCIL IDAS Development Application Decision Notice                                                           15


96.      All paths shall be designed and constructed to ensure pedestrian safety using non-slip materials and to
         produce an evenly graded surface finish.
Stormwater Drainage

97.      A stormwater management plan shall be prepared by a RPEQ, specialising in stormwater and water
         quality management incorporating the principles of the Environmental Management Plan for the Settlers
         Cove Development 23118 DA, that demonstrates water reuse strategies, infrastructure capacity and
         effective treatment methodology. The use of rainwater harvesting tanks for irrigation purposes shall be
         incorporated in the overall design plans. These plans shall be submitted to Council for approval prior to
         obtaining a Development Permit for Operational Works.

98.      All stormwater drainage shall be collected on site and discharged so there is no net increase in
         stormwater runoff from the site.

99.      On site swale drains will be required to capture and direct any overland stormwater runoff to the Infiltration
         Pits proposed on site. These swales shall be sized to carry a 3-month storm event and plans detailing
         their capacity, location, length, width and grades shall be submitted to Council for approval.

100.     To ensure polluted run-off does not enter any of the proposed Infiltration Pits, and ultimately the water
         table, stormwater run-off from the carparking areas and the driveways shall have the first flush (the first 12
         mm of rainfall or hose-down) collected in a grease/oil arrestor (or similar device) provided on site prior to
         discharging into the infiltration pits.
         To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors, which
         shall be submitted to the Council for approval prior to obtaining a Development Permit for Operational
         Works.
         All other clean stormwater, such as roof water, can be collected on site and discharged directly into the
         infiltration pits, bypassing the grease/oil arrestor.
         A Development Permit for Building Works shall not be granted until a Development Permit for Operational
         Works has been issued in regard to the drainage scheme.

101.     All site stormwater drainage shall be by means of a gravity system.

102.     Plans of the entire on site drainage design shall be prepared by a Registered Professional Civil Engineer
         and submitted to Council prior to obtaining a Development Permit for Operational Works.
Sewer Mains

103.     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

104.     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.

105.     Each water connection to the water reticulation system shall extend to the property boundary and be
         metered. Where multiple units are served by a single service, multiple water meters to each individual
         unit and for the body corporate shall be installed. All fees for the supply of water meters shall be paid to
         the Council.
Service Easements

106.     All existing and proposed easements within the site shall be shown on the plans submitted for Operational
         Works / Building Works approval.

107.     Registered easements shall be created over any Council service within the subject site in accordance with
         Council’s requirements (if not already created) and at no cost to Council.
         The Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that the Title
         Deed and the easement documents will be lodged at the Land Titles Office and any additional Titles
         Office forms or requisitions requiring the consent of Council will be attended to promptly.
         A duly executed copy of the easement shall be submitted to Council for perusal prior to the use
         commencing.




SEP o:\database\onestop\decision.doc

Page 16

NOOSA COUNCIL IDAS Development Application Decision Notice                                                           16


         Any changes required by Council’s Solicitor must be corrected immediately.
Earthworks

108.     Plans and details outlining the extent of earthworks required on site and any trees to be retained shall be
         submitted to Council for approval prior to obtaining a Development Permit for Operational Works.

109.     All major excavations (including the basement and driveways) shall be shored to prevent batters
         extending into areas and vegetation that are to be retained. All trees to be retained should be adequately
         tagged to Council’s satisfaction and enclosed with a barrier fence to the drip line to prevent damage.

110.     It is recommended that the applicant employ the services of a Geotechnical Engineer to supervise and
         certify the earthworks required on site and measures to ensure stability of adjoining land and structures.

111.     Earthworks shall not cause the ponding of water on any adjoining lands or the blockage of, or interference
         with, any natural watercourses or overland flow path.
Erosion and Sediment Control

112.     Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site
         control measures such as silt fencing, controlled gravel access to the site, controlled disposal of waste,
         catch drains, and temporary infiltration or sump pump-outs will be necessary.
         Plans detailing the methods of controlling erosion and sediment are required to be submitted to the
         Council for approval prior to obtaining a Development Permit for Operational Works. The applicant is
         advised that a simple silt fence by itself is unlikely to meet the objectives of best practice for Erosion &
         Sediment Control.
Construction Issues

113.     A Construction Management Plan addressing all construction phases, including traffic management, shall
         be prepared and submitted to Council for approval prior to obtaining a Development Permit for
         Operational Works.

         The report should aim to address every foreseeable problem that could occur during the construction
         process and include recommendations on how these can be overcome or minimised. The report shall be
         to the reasonable satisfaction of the Manager Land Development.

Community Management Statement Requirements

114.     The Applicant and all future owners of the site shall comply with the Environmental Management Plan
         (EMP) for Settlers Cove Development 23118 DA and compliance with the EMP shall be referenced in any
         community management statement over the site.

115.     The Fire Management Plan is to be implemented by the Developer and future owners of the site and is to
         be referenced in any community management statement.

116.     The owners of the allotment shall not object to the construction of a boardwalk along Noosa Inlet beside
         allotment 4 for the purpose of providing public access. Any Community Management Statement
         established over any allotment shall also detail that the body corporate will not object to the provision of a
         boardwalk as detailed above.
General

117.     A Registered Professional Engineer of Queensland shall certify engineering drawings and specifications
         for all engineering works, which shall be submitted in conjunction with an application for a Development
         Permit for Operational Works.

118.     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.

119.     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.




SEP o:\database\onestop\decision.doc

Page 17

NOOSA COUNCIL IDAS Development Application Decision Notice                                                         17


120.     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.

Building

121.     To meet the needs of people across a range of abilities and ages and be adaptable for the changing
         needs of people over time, at least 3 dwelling units shall include the following:

         121.1. All doors to habitable rooms, kitchen, laundry and bathrooms are a minimum of 870mm wide; and

         121.2. Hallways are a minimum of 1.2m wide; and

         121.3. All entries into the dwelling unit and internal doorways, have no more than a 10mm change in level,
                other than access to balconies where building code sill weatherseal is to be maintained. A ramp
                can be retrofitted to provide access in accordance with Australian Standards 1428.1 – 1993 Design
                for Access and Mobility Chapter 7 Doorways, Doors and Circulation Space at Doorways – Ramped
                Threshold; and

         121.4. Has an accessible toilet and bathroom, complete with reinforced walls, that can be reached along
                an accessible path; and

         121.5. A sliding door or window, no higher than 600mm from the floor is provided in at least 1 bedroom to
                allow for a seated person to look out of and open and close the sliding door or window; and

         121.6 A minimum of one power point to each habitable room is placed up from the floor (minimum
               600mm) and out from the corner (minimum 500mm) to facilitate disabled access.

122.     The following shall be complied with the development of the site:

         122.1. There is to be no uncontrolled discharge of water onto the slope;

         122.2. Stripping of vegetation for construction purposes should be minimised. If vegetation is destroyed it
                should be reinstated immediately after construction is completed;

         122.3. The recommendations of all Golder Associates Pty Ltd reports on slope stability over the Settlers
                Cove site are to be adhered to for the design, construction and supervision of the development;

         122.4. Additional load due to fill, construction equipment or stockpiled materials should not be located on
                the dune slope;

         122.5. Vibration monitoring shall be carried out by the geotechnical engineer and appropriate action taken
                should vibration effects be a concern.

         122.6. A condition survey is to be carried out of adjoining buildings, structures and services prior to any
                demolition works or construction works taking place on site. If distress already exists, a
                photographic survey shall be undertaken, the distress measured and a plan to monitor changes to
                distress shall be implemented. A copy of this report is to be submitted to Council within 5 business
                days of survey and prior to construction work proceeding;

         122.7. Deleted.

         122.8. A RPEQ shall be engaged by the client to oversee any piling works;

         122.9. The construction of the whole of the foundations is to be carried out in accordance with the
                recommendations of the applicant’s consulting Geotechnical engineer, including any on-site
                supervision required by these recommendations. Such works shall only be carried out during dry
                weather conditions and if there is a risk of sand movement occurring, all work shall be suspended
                until such steps, approved by the applicant’s Geotechnical engineer have been taken to ensure
                that no further slippage will result.




SEP o:\database\onestop\decision.doc

Page 18

NOOSA COUNCIL IDAS Development Application Decision Notice                                                         18


123.     A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged
         with Council at completion of the work confirming compliance with the maximum building height above
         natural and finished surface, required by the provisions of the Planning Scheme.

Environmental Health

124.     The developer shall comply with the Refuse Management Plan Reference Ryter Planning RCU 1005.

125.     The developer must provide a suitably screened imperviously paved area large enough for all refuse and
         recycling containers. A wash down area is required with a cold-water tap, hose and drain outlet connected
         to sewer. The drain outlet is to be designed to prevent stormwater entry to the sewerage system.

126.     Street litter bins to a design approved by Council, shall be supplied and installed at the developers
         expense at agreed locations.

127.     Refuse chutes must be provided, in accordance with Council’s Policy for Refuse Chutes and Accessories
         in Multi Storey Buildings.

128.     Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or located in a
         manner which prevents a noise nuisance beyond the subject land in accordance with the nuisance
         provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences.

129.     Air conditioning units shall be located in a manner which prevents noise nuisance beyond the subject land
         in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 and
         Council’s Local Law No. 12 - Control of Nuisances. On the spot fines apply for such offences.

         An occupier of premises where there is air-conditioning equipment must not use or allow the use of the
         equipment -

         129.1. before 7am or after 10pm on any day if it makes noise or causes noise to be made of more than
                the higher of the following -

                   -         40 dB(A)

                   -         3 dB(A) above the background noise level from 7am to 7pm on any day if it makes noise or
                             causes noise to be made of more than    the lower of either of the following -

                   -         50 dB(A)

                   -         5 dB(A) above the background noise level

         129.2. from 7pm to 10pm on any day if it makes noise or causes noise to be made of more than         3
                dB(A) above the background noise level.

130.     The area is in close proximity to vector breeding areas and the following conditions are required.

         130.1. All windows and doors shall be screened with mosquito-proof gauze not coarser then 1mm
                aperture to prevent the ingress of mosquitoes. It should be noted that these screens will not
                necessarily restrict the ingress of Biting Midge due to their reduced size.

         130.2. The developer is to undertake a public education/awareness program for all persons visiting the
                premises on the potential health risk of and ways to prevent being bitten by Mosquitoes and Biting
                Midge.

         130.3. A notation shall be added to Council’s records whereby any applicant undertaking a
                health/property search is advised that this premises is located near major breeding areas of
                Mosquitoes and Biting Midge and may be subject to associated problems.
Additional Conditions 24/08/05


131.     All rooftop terrace and accessway balustrades and upstands are to be constructed of open or transparent
         materials.




SEP o:\database\onestop\decision.doc

Page 19

NOOSA COUNCIL IDAS Development Application Decision Notice                                                  19


132.     The rooftop terrace shall not be covered with any fixed structure or the like.

133.     All rooftop terrace and accessway balustrades and upstands shall be setback a minimum of 1 metre from
         the edge of the rooftop.




SEP o:\database\onestop\decision.doc

Page 20

NOOSA COUNCIL IDAS Development Application Decision Notice                                                            20



                                         Local Laws, Policies & State Regulation
                                         Requirements
                                         INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


                                                             Advice
1.       We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the
         Disabled Discrimination Act (DDA) in regard to the installation of disabled access and the provision of
         disabled facilities, and that access to this building and the provision of sanitary facilities may need to
         comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of
         Australia.

2.       The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from making noise
         from:-

         2.1.      Monday to Saturday, before 7:00am or after 6:30pm

         2.2.      Sunday or public holiday, at any time.

         A maximum penalty of $1,500 applies to an offence under these provisions.

3.       In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement,
         concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably
         be expected to move into a roadside gutter, stormwater drain or a water course. On the spot fines apply
         for such offences.

4.       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 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.

5.       A Registered Professional Engineer of Queensland shall certify engineering drawings and specifications
         for all engineering works, which shall be submitted in conjunction with an application for a Development
         Permit for Operational Works.

6.       All designs for engineering works involving the construction of pavements, kerb and channel, vehicular
         access, footpaths, turnouts, stormwater drainage, water supply or sewerage reticulation shall be prepared
         in accordance with the requirements of Council's Engineering Design Standards, shall reference where
         applicable to Council’s Standard Drawings and shall incorporate best engineering practice.

7.       Approval of this development application has triggered an Infrastructure Charge in accordance with the
         Coastal Major Road Network Infrastructure Charges Plan for the amount of $35,645 and is subject to
         variations in the Price Index, All Groups Brisbane from June 2004 until the date of payment.

         An Infrastructure Charge Notice is attached in accordance with Chapter 5 of the Integrated Planning Act
         1997.

8.       Payment via credit card transaction will not be an acceptable method of payment for development
         contributions conditioned in this permit or for infrastructure charge notices issued separately.




SEP o:\database\onestop\decision.doc

Page 21

NOOSA COUNCIL IDAS Development Application Decision Notice                                                                       21




                                                     Appeal Rights
                                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

    The following is an extract from the Integrated                            (5) If an application is processed under section
    Planning Act (Chapter 4).                                              6.1.28(2), appeal rights for submitters for the
                                                                           application are available only for the aspects of the
    Division 8 - Appeals to                   court      relating     to   development that would have required public
    development applications                                               notification under the repealed Act.
    Appeals by applicants                                                     (6) If an application involves assessment against
    4.1.27.(1) An applicant for a development application                  a concurrence agency code, appeal rights for
    may appeal to the court against any of the following-                  submitters for the application are not available
                                                                           against the part of the approval that represents the
    (a) the refusal, or the refusal                 in   part,   of   a    concurrence agency’s response for the code.
        development application;
                                                                           Appeals by advice agency submitters
    (b) a matter stated in a development approval,
        including any condition applying to the                            4.1.29.(1) An advice agency may, within the limits of
        development, and the identification of a code                      its jurisdiction, appeal to the court about the giving of
        under section 3.1.6;1                                              a development approval for a development
                                                                           application if-
    (c) the decision to give a preliminary approval when a
        development permit was applied for;                                (a) the development application involves impact
                                                                               assessment; and
    (d) the length of a currency period;
                                                                           (b) the advice agency told the applicant and the
    (e) a deemed refusal.                                                      assessment manager to treat its response to the
                                                                               application as a submission for an appeal.
       (2) An appeal under subsection (1)(a) to (d) must
    be started within 20 business days (the “applicant’s                      (2) The appeal must be started within 20 business
    appeal period”) after the day the decision notice or                   days after the day the decision notice or negotiated
    negotiated decision notice is given to the applicant.                  decision notice is given to the advice agency as a
                                                                           submitter.
        (3) An appeal under subsection (1)(e) may be
    started at any time after the last day a decision on the               Appeals for matters arising after approval given
    matter should have been made.                                          (co-respondents)
    Appeals by submitters                                                  4.1.30.(1) For a development approval given for a
                                                                           development application, a person to whom any of
    4.1.28.(1) A submitter for a development application
                                                                           the following notices have been given may appeal to
    may appeal to the court about-
                                                                           the court against the decision in the notice-
    (a) the giving of a development approval, including
                                                                           (a) a notice giving a decision on a request for
        any conditions (or lack of conditions) or other
                                                                               extension of the currency period for an approval;
        provisions of the approval; or
                                                                           (b) a notice giving a decision on a request to make a
    (b) the length of a currency period for the approval.
                                                                               minor change to an approval.
        (2) The appeal must be started within 20 business
                                                                               (2) The appeal must be started within 20 business
    days (the “submitters appeal period”) after the day                    days after the day the notice of the decision is given
    the decision notice or negotiated decision notice is                   to the person.
    given to the submitter.
                                                                                 (3) Subsection (1)(a) does not apply if the
       (3) If a person withdraws a submission before the                   approval resulted from a development application
    application is decided, the person may not appeal the                  (superseded planning scheme) that was assessed as
    decision.                                                              if it were an application under a superseded planning
       (4) If an application involves both impact                          scheme.
    assessment and code assessment, appeal rights for                         (4) Also, a person who has made a request
    submitters are available only for the part of the                      mentioned in subsection (1) may appeal to the court
    application involving impact assessment.                               against a deemed refusal of the request.
                                                                               (5) An appeal under subsection (4) may be
                                                                           started at any time after the last day the decision on
                                                                           the matter should have been made.


    1
         Section 3.1.6 (Preliminary approval may override local planning
        instrument)



SEP o:\database\onestop\decision.doc                                                   21/08/07

Page 22

NOOSA COUNCIL IDAS Development Application Decision Notice                  22


Division 9 - Appeals to court about other matters
Appeals for matters arising after approval given
(no co-respondents)
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.
(b) a notice under section 6.1.442 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)




SEP o:\database\onestop\decision.doc                             21/08/07

Used in these records

About this file

File size
87 KB (small file)
File type
PDF

No other editions are linked here.

Original file

Log in to download the original file

23117 DA COMPILED Decision Notice [As Published].pdf · 87 KB (small file)

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.