132006.2361.02 - Change to Existing Approval

Officer:	Jack Lewis
Direct Telephone:	07 53296236
Our Reference:	JLEWIS:132006.2361.02
Your Reference:	N/a
6 July 2015

Bennett Architects & Associates Pty Ltd
PO Box 485
AVALON BEACH  NSW  2107

[email protected]

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 3 July 2015, Council decided your requested changes.

Details of the decision are as follows:
APPLICATION DETAILS

Application No:	132006.2361.02
Street Address:	25 Grant St NOOSA HEADS  QLD  4567
Real Property Description:	Lot 7 SP 179879
Planning Scheme:	The Noosa Plan (3 February 2006)

DECISION DETAILS

Council on 28 May 2007  decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises – Multiple Housing type 2 (Duplex)

In relation to representations made by the Applicant, Council on 28 May 2007 decided to:
A.	Agree to amend Condition 3.
B.	Agree to delete Condition 5.6.

In relation to the request to make a change to the existing approval, Council on 31 March 2011 decided to:
A.	Approve a change to condition 16 extending the relevant period to 28 May 2015.

In relation to the request to extend the relevant period of the existing approval, Council on 3 July 2015 decided to:
A.	Approve a change to Condition 16 extending the relevant period to 28 May 2019.

RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is identified in the assessment manager conditions.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are titled and numbered Floor and site Plans – DA01C and Elevations and Section – DA02C prepared by Bennett Architects Associates Pty Ltd and dated 14 February 2007 and as may be amended by these conditions.
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.
The proposed stone feature wall adjacent to the visitor carpark at the front of the property shall be no more than 900mm high.
The proposed retaining wall at the northern boundary shall be setback a minimum of 0.5 metres to allow for screening vegetation to be provided between the proposed development and the adjoining property.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.  The submitted landscape plan shall detail the following:-
The proposed landscaped area between the front property boundary and the visitor parking space shall be a minimum depth of 2 metres and planted densely with screening species of local origin.
The provision of dense vegetation of local origin along the side property boundaries (exclusive of the area adjacent to the length of the service access stairs at the southern boundary) in order to screen the development.
The area adjacent to the length of the service access stairs shall be planted a depth no less than 0.4 metres with shrubs of local origin to provide landscaped screening from the adjoining site.
The area adjacent to the length of the retaining wall at the northern side boundary shall be planted a depth no less than 0.5 metres with shrubs of local origin to provide landscaped screening from the adjoining site.
A minimum of four (4) x 100 litre and six (6) x 45 litre species of local origin shall be planted along the rear boundary to replace existing vegetation that was required to be removed from the site and screen the height intrusion and encroachment of the rear boundary setback.
Deleted.
All fencing shall be setback at least 1 metre from the front property boundary, with at least half of the fencing setback 2 metres.  The area of land between the fence and the front property boundary shall be densely landscaped to screen any fencing from the street.
Building height shall not exceed 8.8 metres above natural ground level as indicated on the approved plan titled and numbered Floor and site Plans – DA01C prepared by Bennett Architects Associates Pty Ltd and dated 14 February 2007.
Site cover shall not exceed 40%.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use. These landscape plans required to be submitted are to denote areas of existing vegetation or existing trees proposed or required to be retained.
Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open structures.  This does not include sliding timber screens as indicated on the Elevation and section plan – DA02C prepared by Bennet Architects & Assoc Pty Ltd and dated 14 February 2007.
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), with toilets to comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this requirement.
A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of work confirming compliance with the maximum allowable building height as required by either the conditions of approval.
All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
Security in the form of a cash bond or trading bank guarantee to the sum of $20 000 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 guaranteed sum will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.
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.
The Development Permit for a material change of use of premises lapses if the use has not happened by 28 May 2019 unless an application to extend the currency is approved by Council.
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.
Land Development
Vehicle Access
A vehicular access driveway to serve the development shall be constructed from the Grant Street frontage of the site with a maximum width of 6.0 m.
A vehicle turntable shall be constructed on site generally in accordance with drawing number DD A01B dated 7 December 2006 prepared by Bennett Architects and Associates.
The vehicle turntable shall be maintained in good working order and in accordance with the manufacturers specifications.
The maintenance plan for the vehicle turntable shall be incorporated in the Community Management Scheme for the development and a copy of this shall be provided for Council’s records prior to commencement of the approved use.
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 AS/NZS 2890.1-2004, 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.
To ensure pedestrian safety between vehicles existing the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight line requirements as defined in AS2890.1, section 3.2.4.  The applicant shall demonstrate compliance by illustrating these sight lines on the plans submitted for both Operational Works approval and Building Works approval.
All vehicles shall enter and leave the site in a forward direction.
Carparking
Carparking shall be provided within the site generally as shown on drawing number DD A01B dated 7 December 2006 prepared by Bennett Architects and Associates, except as modified herein.
A minimum of 2 covered carpark spaces and 1 uncovered carpark space shall be provided on site.
The visitor carspace shall be located clear of the access driveway and have minimum dimensions of 5.4m x 2.4m clear of any walls or fencing.
Vehicle access to the visitor carspace shall not be restricted by gates, security screens or any other obstacles.
The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user class 1A with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
Public Open Space Contributions
A Public Open Space contribution of $1,329 towards the acquisition of additional parkland or the improvement of existing parkland and facilities in the locality shall be paid to the Council prior to obtaining a Development Permit for Operational Works in accordance with Council’s Planning Scheme Policy PSP12 Public Open Space Contributions (Park).  This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from September 2006 until the date of payment.
Frontage Works
Footpath improvements such as topsoiling, grassing, and tree planting are required to the Grant Street frontage of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.  Grass shall be couch, free of weeds.
A contribution of $1,010 towards the construction of footpaths in the Grant Street local area shall be paid to Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from September 2006 until the date of payment.
All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit.
Pathway Trunk Network Contributions
A pathway trunk network contribution of $956 towards external major pathways, in accordance with Planning Scheme Policy PSP20 Pathway Trunk Network Contributions, shall be paid to the Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from September 2006 until the date of payment.
Stormwater Drainage
All stormwater drainage shall be collected on site and discharged so there is no net increase in stormwater runoff from the site.  Stormwater drainage permitted to drain from the site shall be discharged to Council’s existing drainage structures located at the rear of the site.  Plans of the drainage design shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank (minimum storage 3000 litres per dwelling/unit) that is installed to ensure water from the tank can be used for external uses (such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools, outdoor cleaning, etc) and for use in flushing of toilets internal to the dwelling.   All rainwater tanks are to be designed and installed in accordance with the Queensland Development Code (QDC), Part 25 – Rainwater Tanks, and shall be part of the plumbing application in conjunction with the building approval.  The location and capacity of the tanks shall be clearly shown on the plans submitted for Building Works approval and any overflow shall be directed to the stormwater drainage system.
To ensure that polluted run-off does not enter Council’s stormwater drainage system, 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 provided on site prior to being permitted to discharge into Council’s drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
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.
The approved maintenance plan shall be incorporated in the Community Management Scheme for the development and a copy of this shall be provided for Council’s records prior to commencement of the approved Use.
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.
All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
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
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.
Each individual water connection to the water reticulation system shall extend to the property boundary and be metered.  All fees for the supply of water meters shall be paid to the Council.
All water meters must be located outside the property boundary and in an easily assessable location to facilitate unhindered reading by Council and/or Council’s contracted water meter readers, and not behind fences or locked gates.  In this regard approval of the water meter configuration and location must be obtained from Council’s Water & Sewerage Capital Works Manager prior to lodgement and approval of hydraulic drawings.
For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development shall be served by:
A single Body Corporate water meter to measure the total water consumption (including fire hose reels, but excluding fire hydrants and fire sprinkler systems), and
Individual water meters to each tenement capable of being separately rated, and
A fire service (fully testable single detector check with metered bypass), where applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose reels).
Service Easements (Sewer / Stormwater)
To ensure Council’s sewer main and stormwater infrastructure is accessible for maintenance purposes and is protected from risk of damage no structures requiring a building permit (eg. buildings, swimming pools, retaining walls exceeding 1m in height, raised terraces, screens, etc) shall be constructed within or encroach over an easement.
Headworks Contributions
Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP17 and PSP16 on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at the rates applicable at the time of payment.  An estimate only of the contribution rates under the current policies is outlined below.  These amounts will adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from September 2006 until the date of payment.
Water Supply	$1,803
Sewerage	$1,213
TOTAL	$3,016
All headworks contributions must be paid prior to the issue of a Development Permit for Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%.  Should the headworks contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the contribution or trading bank guarantee will be returned
Earthworks
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences and/or structures and/or lands that border the development site.
Site Stability
A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining structures and/or lands, and make recommendations on the type of foundation system(s) best suited for the proposed development. The recommendations of this report shall be incorporated into the design and construction of the proposed development.
Erosion and Sediment Control
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 and controlled disposal of waste, will be necessary.
In this regard 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.
General
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.  In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.
Digital detailed design drawings and calculations shall be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works. The design shall be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
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.
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.
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.
Environmental Health
The developer must provide waste storage and disposal facilities, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc) shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in accordance with Council’s Local Law No. 12 - Control of Nuisances.  Infringement Notices (on-the-spot fines) may apply for offences.
A person must not use equipment on any day if it makes or causes noise to be made –
From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level
From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
Submission of written certification from a suitably qualified person confirming that the noise levels from all mechanical equipment comply with the cause above when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.  This assessment must take into account noise from any other fixed equipment on the property e.g. swimming pool pump, heating/cooling equipment, etc that may increase the overall noise level emitted.
Advice: It is highly recommended that the person you engage to certify the installation is involved at the plan development stage so they can recommend where this equipment is best located. They can also advise about noise enclosures and can make other suggestions to avoid noise problems.  It is a lot more costly to try and deal with noise problems after everything is built.
Noise from building works associated with residential development shall comply with the following –
Limited to between 7:00am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays.

REFERRAL AGENCY CONDITIONS

Not Applicable

APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following tables:

Approved Plans
Plan No.	Rev.	Plan Name	Date
DA02C		Floor and site Plans	14 February 2007
DA01C		Elevations and Section	14 February 2007

ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of approval:
The applicant is advised that development contributions and infrastructure charges applicable to this development approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development	Approved Development
Existing Use Class / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Detached House	Vacant Land	Multiple Housing - Type 2 – Duplex	2 x 2 Bedroom Units
The applicant is informed that approval of this development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $2,717 and is subject to variations in the Consumer Price Index, All Groups Brisbane from September 2006 until the date of payment.  An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work:
On a Sunday or public holiday, at any time; or
On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
The applicant is informed that 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.
Fencing to the swimming pool must comply with the Queensland Building Act 1975 Part 3 (as amended) and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from the dwelling to the pool enclosure is not permitted.
The development should 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, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
The applicant is advised that a Compliance Permit for all plumbing and drainage works within the boundaries of the development site shall be obtained from Council’s Plumbing Services Section prior to obtaining a Development Permit for Building Works.
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.

PROPERTY NOTES

Not Applicable

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

FURTHER DEVELOPMENT PERMITS REQUIRED

Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	All building works
Development Permit for Operational Works	Landscaping, carparking & access, stormwater drainage and sediment & erosion control

SELF ASSESSABLE CODES

Not Applicable

SUBMISSIONS

Not Applicable

REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable

RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY Original Decision Notice (21 March 2007) Negotiated Decision Notice (28 May 2007) Change to an Existing Approval (31 March 2011) Change to an Existing Approval (3 July 2015)

Yours faithfully

JACK LEWIS
DEVELOPMENT PLANNER

Encl. 	Infrastructure Charges Notice
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 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.

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PO Box 141		P. (07) 5329 6500	[email protected]	
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