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23117 DA COMPILED Decision Notice [As Published] · 132002.220609.3
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
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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..
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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.
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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.
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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.
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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.
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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,
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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:
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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;
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- 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.
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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,
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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)
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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)
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