004 ECM_8869555_v1_22440DA Decision Notice Extensions to house in sdpa 27 Ross Cres · 132001.210327.1

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

File No:	22440 DA	Date of Decision:	17 December 2001
Applicant Details
Name:	STEPHEN KIDD DESIGN
Postal address:	PO BOX 262 NOOSA HEADS QLD 4567
Phone no:	5447.5633	Fax no:	5447.5833	Mobile:

PROPERTY DESCRIPTION
Street address:	27 ROSS CRESCENT
Suburb/locality	SUNSHINE BEACH
Real property description:	LOT 2 GTP 100987 (LOT 8 RP 862531) PARISH WEYBA COUNTY MARCH
Owner Details
Name:	LYNDON B SIMMONS
Postal address:	P O BOX 134 NOOSA HEADS QLD 	Postcode:	4567
Referral Agencies
Referral Agency	Address	Basis
Nil

Application Type
Development	Development Details	Preliminary Approval	Development Permit
Material Change of Use	Modification to existing Dwelling in Sand Dune Problem Area	NO	YES
Decision details
Council decided to approve the application and grant a Development Permit, subject to conditions.
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.
SUBMISSIONS
Not applicable.
Conditions
The approval is subject to conditions. Noosa Council’s conditions are attached.
Further Development Permits Required
Type of Development Permit required	Subject of the required Development Permit
Building Works	Extensions to Dwelling House
Rights of Appeal
Rights of appeal in relation to this application are attached.
Assessment Manager
Name:	Noosa Shire Council	Signature:
Date:	18/12/2001

	Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

Building
There is to be no uncontrolled discharge of water onto the slope.
Stripping of vegetation for construction purposes should be minimised. If vegetation is destroyed it should be reinstated immediately after construction is completed.
Additional load due to fill, construction equipment or stockpiled materials should not be located on the dune slope. Filling in the open space area is to be avoided.
The use of vibratory equipment of any kind is not permitted to be used, including vibrating rollers, the use of vibrating installation techniques for sheet piling and other construction vibrations caused by excavating, earthmoving or demolition machinery or other similar construction techniques.
Land Development
A Registered Professional Engineers Queensland (REPQ) shall design all foundations for the proposed building extensions taking into account that the site is located in a Sand Dune Problem Area and that special foundations may be necessary.
Existing vegetation on site shall be retained except where removal is required to enable construction of the proposed extensions. In this regard care shall be taken to minimise any disturbance to the vegetation.
To minimise the risk of dunal instability during construction, no heavy machinery or equipment is to be used to construct the proposed building extensions.
On completion of construction, dense deep-rooted vegetation cover, using approved species, shall be established on any exposed soil in order to minimise the risk of any soil movement or erosion.
At the completion of construction, a RPEQ shall certify that all works have been carried out in accordance with good engineering practices and that both the extensions and the site are stable and safe against failure.
 Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 0119.01 and 0119.02 prepared by Stephen Kidd Design and dated Oct 2001 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.
This Development Permit for a material change of use of premises lapses if:-
the use or erection of a building or other structure associated with the use, has not been commenced within four (4) years of the date of issue of the Development Permit, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Development Permit ceases.

Appeal Rights

INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

The following is an extract from the Integrated Planning Act (Chapter 4).
Division 8 - Appeals to court relating to development applications
Appeals by applicants
4.1.27.(1) An applicant for a development application may appeal to the court against any of the following-
the refusal, or the refusal in part, of a development application;
a matter stated in a development approval, including any condition applying to the development, and the identification of a code under section 3.1.6;
the decision to give a preliminary approval when a development permit was applied for;
the length of a currency period;
a deemed refusal.
(2) An appeal under subsection (1)(a) to (d) must be started within 20 business days (the “applicant’s appeal period”) after the day the decision notice or negotiated decision notice is given to the applicant.
(3) An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.
Appeals by submitters
4.1.28.(1) A submitter for a development application may appeal to the court about-
the giving of a development approval, including any conditions (or lack of conditions) or other provisions of the approval; or
the length of a currency period for the approval.
(2) The appeal must be started within 20 business days (the “submitters appeal period”) after the day the decision notice or negotiated decision notice is given to the submitter.
(3) If a person withdraws a submission before the application is decided, the person may not appeal the decision.
(4) If an application involves both impact assessment and code assessment, appeal rights for submitters are available only for the part of the application involving impact assessment.
(5) If an application is processed under section 6.1.28(2), appeal rights for submitters for the application are available only for the aspects of the development that would have required public notification under the repealed Act.
(6) If an application involves assessment against a concurrence agency code, appeal rights for submitters for the application are not available against the part of the approval that represents the concurrence agency’s response for the code.
Appeals by advice agency submitters
4.1.29.(1) An advice agency may, within the limits of its jurisdiction, appeal to the court about the giving of a development approval for a development application if-
the development application involves impact assessment; and
the advice agency told the applicant and the assessment manager to treat its response to the application as a submission for an appeal.
(2) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
Appeals for matters arising after approval given (co-respondents)
4.1.30.(1) For a development approval given for a development application, a person to whom any of the following notices have been given may appeal to the court against the decision in the notice-
a notice giving a decision on a request for extension of the currency period for an approval;
a notice giving a decision on a request to make a minor change to an approval.
The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
Subsection (1)(a) does not apply if the approval resulted from a development application (superseded planning scheme) that was assessed as if it were an application under a superseded planning scheme.
Also, a person who has made a request mentioned in subsection (1) may appeal to the court against a deemed refusal of the request.
An appeal under subsection (4) may be started at any time after the last day the decision on the matter should have been made.
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 notice giving a decision on a request to change or cancel a condition of a development approval.
a notice under section 6.1.44 giving a decision to change or cancel a condition of a development approval.
The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
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.
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-
the decision; or
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.
 Section 3.1.6 (Preliminary approval may override local planning instrument)
 Section 6.1.44 (Conditions may be changed or cancelled by assessment manager or concurrence agency in certain circumstances)

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NOOSA COUNCIL IDAS Development Application Decision Notice

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Referral Agency	Address	Basis

Application Type and Decision details
Council decided to <
applicable codes
The developer must comply with the following codes for self-assessable development related to the development approved under this Development Permit:-
<
SUBMISSIONS
Not applicable.
Conditions and insert reasons for refusal.
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Type name of officer signing