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SUPERSEDED Decision Notice - 010.2009.00000879.001 [As Published] · 132009.879
Officer: Glen Conforti
Direct Telephone: (07) 5449 5379
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2009/879
Your Reference:
23 November 2009
Peter Francis Amour
CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
Dear Sir
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 19 November 2009 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2009/879
Street address: 8 Arakoon Crescent, Sunshine Beach
Real property description: Lot 786 RP 48111
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use - Detached House
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development.
Drawing Rev. Plan - Prepared by Date
Number
1 B Site Plan – Macchia Pty Ltd 10 June 2009
2 B Ground Floor Plan – Macchia Pty Ltd 10 June 2009
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2009/879
3 B First Floor Plan – Macchia Pty Ltd 10 June 2009
4 B West Elevation – Macchia Pty Ltd 10 June 2009
5 A North Elevation – Macchia Pty Ltd 10 June 2009
6 A East Elevation – Macchia Pty Ltd 10 June 2009
7 B South Elevation – Macchia Pty Ltd 10 June 2009
8 A Section a-a – Macchia Pty Ltd 10 June 2009
9 Driveway Details – Macchia Pty Ltd 10 June 2009
And as may be amended by these conditions and annotations on the plans.
Relevant Period
2. The Development Permit for a material change of use lapses if the use has not happened by
19 November 2013, unless an application to extend the currency is approved by Council.
Building Height
3. The building height shall not exceed 8.0 metres above the natural ground level, the finished
ground level and 2 storey.
4. 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 allowable building height as required by either the conditions of approval or the
Planning Scheme.
Security Bond
5. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for building 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.
Landscaping and Vegetation
6. Dense screening vegetation shall be planted to the southern boundary adjacent the garage
and planted in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants
and Guidelines.
7. Existing trees on the site and within the road reserve shall be retained, except where
required to be removed due to building operations or the conduct of the approved use. In this
regard:-
7.1. the removal of vegetation within the Coastal Management setback shall not extend
beyond 1.5 metres of the building footprint.
7.2. a mix of coastal native landscaping such as ground covers, shrubs and trees shall
be provided to any disturbed areas within the Coastal Management setback and
planted in accordance with Council’s Planning Scheme Policy PSP3 Landscaping
Plants and Guidelines
8. All other vegetation shall be protected from interference resulting from clearing or
construction activities by:
8.1. Clearly marking vegetation to be retained with flagging tape;
8.2. Installing protective fencing around the drip line of the vegetation;
8.3. Stockpiling, storage and vehicle parking occurs in already cleared areas and does
not cause interference with vegetation; and
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2009/879
8.4. Low impact construction techniques are used around vegetation to minimise
interference with the vegetation.
9. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:
9.1. Processing through a woodchipper or shredder. The resulting mulch is to be
stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres high
with a minimum of 10 metres between edges of heaps.
9.2. Disposal for firewood.
9.3. Disposal for landscaping purposes.
9.4. Transport to alternative site for breaking down materials provided that all necessary
permits have been obtained to allow the alternate site to be used for this purpose.
9.5. The applicant is advised that burning off is an unacceptable method of disposal.
10. A minimum of 20% of the site shall be retained as soft landscaping
General
11. Buildings and structures (including swimming pools, sheds, or outbuildings) shall not be
constructed under overhead electricity transmission lines, or within any easements.
12. 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.
13. All hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural).
14. External colours and finishes of the building shall comprise of muted/environmental tones
that blend with the natural environment.
15. Gates must not be installed along the rear property boundary.
Demolition or Relocation of Existing Dwelling
16. Infrastructure including reticulated water, sewerage, stormwater, and electricity are to be
protected from damage and made safe to the standard required by the regulatory authority.
17. All infrastructure must be disconnected, capped or sealed including:
17.1. electricity meters removed and electrical wires disconnected; and
17.2. telephone lines are disconnected; and
17.3. high speed data cables and television provider boxes are disconnected and
removed to the standard required by the regulatory authority
18. All building materials containing asbestos, including asbestos cement sheeting or roofing
and lagging, must be removed from the building and disposed of in accordance with industry
best practice.
19. Waste generated during construction must be stockpiled in a centralised location and
covered as required to prevent material being blown onto adjoining properties including the
road reserve or food waste from generating vermin. All site waste must be disposed of to an
approved waste disposal facility either directly or via an approved waste receptacle and
collection service. Storage areas are to be located near the temporary access to the site so
that access can be gained with out damage to infrastructure.
20. All building materials containing asbestos products must be disposed on in accordance with
industry best practice.
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21. A temporary crossing must be provided to protect road reserve infrastructure including kerb
and channel.
22. Any damage to footpaths, street plantings, kerb and channel or roadways at the removal
site, the relocation site or between the sites must be repaired or reinstated to at least pre-
existing conditions.
23. All disturbed areas must be revegetated or otherwise stabilised at the completion of the
works. Disturbed areas are revegetated using species identified in PSP3 – Landscaping
Plants and Guidelines.
24. The transportation of all materials to and from the site must be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying out materials either
to or from the site shall be covered to prevent materials, including dust, being windblown
from the vehicle.
25. A Waste Management Plan (demolition) shall be submitted for Building Works approval. The
waste Management Plan (demolition) is required to be submitted in accordance with
Planning Scheme Policy 11- Waste Management Plans. The Plan shall contain the following
information:-
A waste management table as indicated below is to be completed showing how
waste material is to be segregated – recycled – reused or disposed.
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste materials Estimated On-site *specify Off-site *specify *Specify contractor
volume (m³) proposed reuse or contractor & & landfill site
onsite recycling recycling outlet
methods
Excavation material
Green waste
Bricks
Concrete
Timber – please specify
Plasterboard
Metals – please specify
Asbestos
Other – please specify
NOTE: Details of site area to be used for onsite separation, treatment and storage
(including weather protection) shall be provided on the plan drawings accompanying your
application.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the
effective reuse and recycling of such materials. Additionally, Council rewards those who
segregate waste by significantly reducing disposal fees at the landfill with some items free.
Higher gate fees are charged for loads of mixed waste.
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Vehicle Access
26. The driveway shall be a maximum of 4.5 metres wide at the kerb pursuant to the Detached
House Driveways Code.
27. 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 step or level difference. The grades of the
driveway shall comply with AS/NZS 2890.1-2004
28. A Road/Footpath Permit shall be completed and submitted for the construction of the access
driveway in accordance with Council’s Local Law No.8. If approval is given the driveway
shall be constructed in accordance with Council’s standard drawings, which shall be
provided at time of approval. A minimum cover of 750mm must be maintained over the
Council sewer branch located under the proposed driveway.
29. The proposed driveway must be located clear of the existing water meter.
30. 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.
Roof Water & Stormwater Drainage
31. Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank
that is installed to ensure water from the rainwater storage system or tank is used for
external uses (such as watering gardens, irrigation, ornamental ponds, water features,
topping-up swimming pools, outdoor cleaning, etc) and for internal use in washing machine
cold taps and toilet cisterns. All rainwater tanks are to be designed and installed in
accordance with the Queensland Development Code (QDC) current at the time of building
approval, and shall be part of the plumbing application for approval. The location and
capacity of the tanks shall be clearly shown on the plans submitted for Building Works
approval.
32. A Registered Professional Civil Engineer shall prepare and certify the plans of the drainage
design. All stormwater drainage (including roof water overflow from the rainwater storage
system) shall be collected within the 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:
32.1. by an approved method (eg on-site absorption pit) constructed within the site that is
designed to ensure no adverse impact on the natural slope and the adjoining
properties and the natural reserve/s or/and,
32.2. to street’s kerb & channel drainage system in Arakoon Crescent.
Sewer Mains
33. The site shall be connected to Council’s existing sewerage reticulation and town water
supply systems and be constructed in accordance with Council’s standards and
requirements at no cost to Council.
34. A minimum clearance of 1.0 metre must be maintained from the pump up connection point to
any building or structure.
35. Construction works undertaken in the vicinity of Council 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
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36. 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.
37. 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 Sunshine Coast Water - Capital
Works Manager prior to lodgement and approval of hydraulic drawings.
38. Any building or structure within proximity of any underground public utility must have its
foundations designed so that no surcharge loads are imposed upon such underground
infrastructure. Foundations must be taken down a minimum of 1.0m below a line of
influence measured 1.0m in the direction of the foundation from the centreline of the closest
underground service and along the natural angle of repose of the foundation soil type(s) and
shall be designed by a registered practicing Geotechnical Engineer.
Site Stability and Earthworks
39. 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 buildings and/or structures and/or land, 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.
40. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences or structures that border the development site. Fences that are affected shall be
replaced prior to the Building Certifier issuing the Certificate of Classification.
Erosion and Sediment Control
41. 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 in accordance
with the Healthy Waterways document and fact sheet series titled Controlling Stormwater
Pollution on your Building Site dated 2006 are required to be submitted with the application
for a Building Works Permit.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Not applicable
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Drawing Number Rev. Plan - Prepared by Date
1 B Site Plan – Macchia Pty Ltd 10 June 2009
2 B Ground Floor Plan – Macchia Pty Ltd 10 June 2009
3 B First Floor Plan – Macchia Pty Ltd 10 June 2009
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4 B West Elevation – Macchia Pty Ltd 10 June 2009
5 A North Elevation – Macchia Pty Ltd 10 June 2009
6 A East Elevation – Macchia Pty Ltd 10 June 2009
7 B South Elevation – Macchia Pty Ltd 10 June 2009
8 A Section a-a – Macchia Pty Ltd 10 June 2009
9 Driveway Details – Macchia Pty Ltd 10 June 2009
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. 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:
1.1. On a Sunday or public holiday, at any time; or
1.2. 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.
2. You are advised that the site is identified as a Koala Living Area under the Nature
Conservation (Koala) Conservation Plan 2006 and Management Program 2006-2016 and
may contain koalas. The use of a Koala Spotter is encouraged in areas where koalas are
likely to occur, prior to the removal of Angophora, Corymbia, Eucalyptus, Lophostemon and
Melaleuca species. Further information can be obtained from the Environmental Protection
Agency at http://www.epa.qld.gov.au or phone (07) 3227 8185.
3. 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.
4. For properties located in the catchment area for the Coastal Major Road Network
Infrastructure Charges Plan, a Building Works application may trigger an Infrastructure
Charge payable to Council in accordance with the Infrastructure Charges Plan and Chapter
5 of the Integrated Planning Act 1997
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 (ACH Act).
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 ACH Act can also 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 3238 3838 to discuss any
obligations under the ACH Act.
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8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All Building Works
11 SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Detached House Driveways Code
12 SUBMISSIONS
Not applicable
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).
15 OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,
Glen Conforti
Planning Technical Officer
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated
(6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to for the application are not available against the part of
development applications the approval that represents the concurrence agency’s
response for the code.
Appeals by applicants
Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following- 4.1.29.(1) An advice agency may, within the limits of
its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application
application; if-
(b) a matter stated in a development approval, (a) the development application involves impact
including any condition applying to the assessment; and
development, and the identification of a code
under section 3.1.6;1 (b) the advice agency told the applicant and the
assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for;
(2) The appeal must be started within 20 business
(d) the length of a relevant period; days after the day the decision notice or negotiated
(e) a deemed refusal. decision notice is given to the advice agency as a
(2) An appeal under subsection (1)(a) to (d) must submitter.
be started within 20 business days (the “applicant’s Appeals for matters arising after approval given
appeal period”) after the day the decision notice or (co-respondents)
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be development application, a person to whom any of the
started at any time after the last day a decision on the following notices have been given may appeal to the
matter should have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application extension of the relevant period for an approval;
may appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including minor change to an approval.
any conditions (or lack of conditions) or other (2) The appeal must be started within 20 business
provisions of the approval; or days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day approval resulted from a development application
the decision notice or negotiated decision notice is (superseded planning scheme) that was assessed as
given to the submitter. if it were an application under a superseded planning
scheme.
(3) If a person withdraws a submission before the
application is decided, the person may not appeal the (4) Also, a person who has made a request
decision. mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.
(4) If an application involves both impact
assessment and code assessment, appeal rights for (5) An appeal under subsection (4) may be started
submitters are available only for the part of the at any time after the last day the decision on the
application involving impact assessment. matter should have been made.
(5) If an application is processed under section Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the Appeals for matters arising after approval given
application are available only for the aspects of the (no co-respondents)
development that would have required public
notification under the repealed Act. 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) a notice giving a decision on a request to change
or cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override
local planning instrument)
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2009/879
(b) a notice under section 6.1.442 giving a decision to (d) the length of a period mentioned in section 3.5.21
change or cancel a condition of a development relevant period;
approval. (e) a deemed refusal.
(2) The appeal must be started within 20 (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision be started within 20 business days (the “applicant’s
is given to the person. appeal period”) after the day the decision notice or
(3) Also, a person who has made a request negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request. started at any time after the last day a decision on the
(4) An appeal under subsection (3) may be matter should have been made.
started at any time after the last day the decision on The Registrar for the Building and Development
the matter should have been made. Tribunal may be contacted at the website
Appeals against decisions to change approval http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
For Infrastructure Charges Only
decision made on an application to change the 4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under charges
section 2.19(3)or section 4.4 of the repealed Act may (1) This section applies to a person who has been
appeal to the court against- given, and is dissatisfied with, an infrastructure
(a) the decision; or charges notice or a regulated State infrastructure
(b) a deemed refusal of the application. charges notice.
(2) An appeal under subsection (1)(a) must be (2) The person may appeal to the court against the
started within 20 business days after the day notice of notice.
the decision is to be given to the person. (3) The appeal must be started within 20 business
(3) An appeal under subsection (1)(b) may be days after-
started at any time after the last day a decision on the (a) if the notice is given because of a development
matter should have been made. approval or master plan approval-the day the
Appeals against local laws applicant is given notice of the decision about the
approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions (b) otherwise-the day the notice is given to the
applied under a local law about the use of premises or person.
the erection of a building or other structure permitted (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court (a) whether a charge in the notice is so
against the decision or the conditions applied. unreasonable that no reasonable relevant local
(2) The appeal must be started within 20 business government, State infrastructure provider or
days after the day notice of the decision is given to the coordinating agency could have imposed it; or
applicant. (b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the appeal under this section can not be about the
Integrated Planning Act 1997 as follows: methodology used to establish the charge in the
relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) 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;3
(c) the decision to give a preliminary approval when a
development permit was applied for;
a.
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override
local planning instrument)
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