Appendix D - Previous Approval Dec Not

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                                                                              REC12/0014.01

      Approved Plans
2.    Development authorised by this approval must be undertaken generally in accordance
      with the Approved Plans and may amended by the conditions within this decision
      notice.

3.    All lot numbering on the subdivision plan to be submitted to Council for compliance
      assessment must remain as shown on the Approved Plans.


ENGINEERING
      Access
4.    Access to Lot 102 must be undertaken in accordance with the conditions and plans
      attached to the mediation agreement between Bunnings Properties Pty Ltd and
      Sunshine Coast Regional Council dated 12 October 2010.
      New Boundaries
5.    The new boundaries for Lots 101, 102 and 300 must be generally in accordance with
      the approved plan and
      (a)    Offset from the new kerb and channel by the distances indicated on the plans
             attached to the mediation agreement between Bunnings Properties Pty Ltd and
             Sunshine Coast Regional Council dated 12 October 2010,
      (b)    Include a truncation (6m x 6m three chord) at the intersection at the northern
             corner of Lot 102,
      (c)    Be located such that all retaining walls, safety rails and fencing are located
             wholly within the lots.
      Electricity and Telecommunication Services
6.    A connection to reticulated electricity and telecommunication services must be
      provided to lots 101 and 102 in accordance with the standards and requirements of the
      relevant service provider.
7.    Unless otherwise stipulated by telecommunications legislation at the time of
      construction, the development must be provided with all necessary conduits, pits and
      pipes to accommodate the future connection of optic fibre technology
      telecommunications.
8.    Certification must be submitted to Council from all relevant service providers which
      certifies that the development has met the requirements of this Decision Notice and all
      applicable legislation at the time of construction.
      Earthworks
9.    Certification of the earthworks undertaken on the lots provided by a RPEQ must be
      submitted to Council prior to the sealing of the survey plan. The certification must
      include:
      (a)     Certification that the works have been undertaken in accordance with the
              provisions of AS 3798 ‘Guidelines on Earthworks for Commercial and
              Residential Development’
      (b)     Test results as required by AS 3798,
      (c)     Certification of the quality and uniformity of the materials.
      Damage to Services and Assets
10.   Any damage caused to existing services and assets above or below the ground must
      be repaired:
      (a)    where the damage would cause a hazard to pedestrian or vehicle safety,
             immediately; or
      (b)    where otherwise, upon completion of the works associated with the
             development.



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      Any repair work which proposes to alter the alignment or level of existing services and
      assets must first be referred to the relevant service authority for approval.


LANDSCAPE & ECOLOGY
      Drainage
11.   Provide adequate drainage to ensure no ponding of water or excessive overland water
      flows are directed onto public access pathways.
      Landscaping
12.   All entry statements and landscaping batters must be located entirely within private
      land and not within the public road reserve.
      Vegetation
13.   The northern portion of proposed lot 101 (approximately 400m2) must be rehabilitated
      in accordance with the following requirements. These rehabilitation works must be
      completed prior to the sealing of the plans:
      (a)    removal of all weeds species listed in the following standards and legislation:
             (i)     declared plants under the Land Protection (Pest and Stock Route
                     Management) Act 2002 and sub-ordinate Regulation 2003
             (ii)    Maroochy Pest Management Plan 2006-2010 pest species of
                     significance in Group 1, Group 2 and Group 6.
      (b)    Stabilisation of all exposed soils with local native species suitable for the local
             soil conditions.
      (c)    Removal of spoil material and other foreign materials.
      (d)    Certification of weed removal by a suitably qualified person must be provided to
             Council prior to the sealing of the plan of survey.


UNITYWATER
14.   Reticulated water must be provided to each lot in the development. This must include:
      (a)    Ensuring that existing internal water pipes are wholly contained within the lot
             they will serve
      (b)    An approved water meter for Lot 102 in accordance with Unitywater Standard
             Drawings SCW 350,355 and 360.
      (c)    An approved 150mm diameter water service connection to Lot 102 in
             accordance with Unitywater requirements.
      (d)    Water meters located on alternative boundaries to electrical pillars.

15.   Reticulated sewerage must be provided to each lot in the development. This must
      include:
       (a)   Ensuring existing sewer house drains are wholly contained within the Lot they
             will serve.
       (b)   Extension of the existing sewer in Gateway Drive to the property boundary of
             Lot 102, and provision of a sewer connection within Lot 102.
16.   A 3.0 metre wide easement must be provided over all Unitywater sewers located in
      private property. A 4.0 metre wide easement must be provided over Unitywater sewers
      greater than 3.0 metres deep. Easements must be located centrally over the main.
17.   Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from
      Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping
      plants within these clearances must be low growing when mature and suitable
      Unitywater approved varieties.




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18.    Construction works undertaken in the vicinity of Unitywater water supply or sewerage
       infrastructure must not adversely affect the integrity of the infrastructure. All costs
       associated with repair, replacement or alteration of infrastructure must be met by the
       applicant.

5     REFERRAL AGENCY CONDITIONS

Not Applicable

6     APPROVED PLANS

The following plans are Approved Plans for the development:
Approved Plans
Plan No.     Rev.     Plan Name                                           Date
102995-22    B        Proposed Subdivision over Lot 80 on SP211687, 24 January 2012
                      prepared by RPS Group

7     REFERENCED DOCUMENTS

Not Applicable

8     ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
PLANNING
       Nature and Extent of Approved Development
1.     The applicant is advised that this development approval comprises Reconfiguring a Lot
       for 1 Lot into 2 Lots and Lot 300 as a Park Lot.
       Unitywater
2.     Connection to the Unitywater live water supply and live sewerage system must be
       undertaken by Unitywater at the applicants cost.
3.     Should the applicant undertake the sewerage works, an Operational Works application
       is required to be submitted to Council, or alternatively, Unitywater can undertake the
       works at the applicant’s cost without the requirement for an Operational Works
       application to Council.
       Infrastructure Charges
4.     The “Adopted Infrastructure Charge Notice” triggered by the original Development
       Permit and issued in accordance with Council’s “Adopted Infrastructure Charges
       Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the
       Sustainable Planning Act 2009, remains applicable to this development.
       Aboriginal Cultural Heritage Act 2003
5.     There may be a requirement to establish a Cultural Heritage Management Plan and/or
       obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
       The ACH Act establishes a cultural heritage duty of care which provides that: “A
       person who carries out an activity must take all reasonable and practicable measures
       to ensure the activity does not harm Aboriginal cultural heritage.” It is an offence to
       fail to comply with the duty of care. Substantial monetary penalties may apply to
       individuals or corporations breaching this duty of care. Injunctions may also be issued
       by the Land and Resources Tribunal, and the Minister administering the Act can also



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         issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
         heritage or the cultural heritage value of Aboriginal cultural heritage.
         You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to
         discuss any obligations under the ACH Act.

9       PROPERTY NOTES

Not Applicable

10      PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

11      FURTHER DEVELOPMENT PERMITS REQUIRED

        Development Permit for Operational Work (Sewerage Works)

12      SELF ASSESSABLE CODES

Not Applicable

13      SUBMISSIONS

Not Applicable

14      REASONS / GROUNDS FOR APPOVAL

Not Applicable

15      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.

16      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
REC14/0014 - Original Decision Notice. 16 March 2012
REC14/0014 – Compiled Decision Notice 17 March 2014

Yours faithfully




GLEN CONFORTI
PLANNING TECHNICAL OFFICER


Encl.    Appeal Rights


cc       Unitywater



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                                           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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