Decision Notice - 010.2007.00001815.001 [As Published] · 172007.1815

Page 2

NOOSA COUNCIL IDAS Development Application Decision Notice                                              2 of 6

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               All Building Works

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                              Date:      16/10/07




AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@70093365\@[email protected]

Page 3

NOOSA COUNCIL IDAS Development Application Decision Notice                                                 3 of 6




                                    Noosa Council Conditions
                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


General
1.    Development undertaken in accordance with this approval must generally comply with the approved plans
      of development. The approved plans are titled ‘Proposed New Access and Community Deck’ and
      numbered C-116-1 REV B and C-116-2 REV A prepared by Simon Reed and dated 5 September 2007
      and as may be amended by these conditions and annotations on the plans.

2.    Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining
      as open structures.

3.    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.

4.    The tree shown on the approved plan shall be retained.
Currency
5.    The Preliminary Building Works Approval lapses if the works have not been undertaken by 15 October
      2009, unless an application to extend the currency is approved by Council.




AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@70093365\@[email protected]

Page 4

NOOSA COUNCIL IDAS Development Application Decision Notice                                                     4 of 6



                                      Local Laws, Policies & State
                                      Regulation Requirements
                                      INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


     THE FOLLOWING ADVICES 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.      Prior to the commencement of the development, a plumbing assessment must be obtained from Noosa
        Council’s Plumbing Services Section in accordance with the Plumbing & Drainage Act 2002 (as
        applicable).

3.      The plans for the proposed building work have not been assessed for compliance with the requirements of
        the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the
        matter that either or both the Disability Discrimination Act 1992 (commonwealth) and the Anti-
        Discrimination Act 1991(Queensland) may impact on the proposed building work.
        Noosa Council recommends that the following matters be considered to address equitable access and
        facilities in the building:-

               The building and environs should be designed to meet the requirements of the Human Rights and
               Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS1428.2;

               Applicants should be aware that a “Disability Standard on Access to Premises is being developed
               and most likely will result in changes to the Building Code of Australia;

               Any services and facilities in the building complex must allow independent, dignified and equitable
               use of the services and facilities for all people.


4.      This proposal has not been assessed in relation to the spread of fire between properties / buildings. It is
        the building certifiers responsibility to assess the requirements for fire services, fire separation and
        appropriate methods of construction as part of the building works approval process. Referral to the
        Queensland Fire and Rescue Service (QFRS) may be required as part of the Building Approval process.




AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@70093365\@[email protected]

Page 5

NOOSA COUNCIL IDAS Development Application Decision Notice                                                           5 of 6



                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

   The following is an extract from the Integrated                           (6) If an application involves assessment against
   Planning Act (Chapter 4).                                              a concurrence agency code, appeal rights for
                                                                          submitters for the application are not available
   Division 8 - Appeals to                   court      relating     to
                                                                          against the part of the approval that represents the
   development applications
                                                                          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                  4.1.29.(1) An advice agency may, within the limits of
   may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
   (a) the refusal, or the refusal                 in   part,   of   a    a development approval for a development
       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                      (b) the advice agency told the applicant and the
                            1
       under section 3.1.6;                                                   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 currency period;                                   days after the day the decision notice or negotiated
                                                                          decision notice is given to the advice agency as a
   (e) a deemed refusal.                                                  submitter.
      (2) An appeal under subsection (1)(a) to (d) must                   Appeals for matters arising after approval given
   be started within 20 business days (the “applicant’s                   (co-respondents)
   appeal period”) after the day the decision notice or
   negotiated decision notice is given to the applicant.                  4.1.30.(1) For a development approval given for a
                                                                          development application, a person to whom any of
       (3) An appeal under subsection (1)(e) may be                       the following notices have been given may appeal to
   started at any time after the last day a decision on the               the court against the decision in the notice-
   matter should have been made.
                                                                          (a) a notice giving a decision on a request for
   Appeals by submitters                                                      extension of the currency period for an approval;
   4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
   may appeal to the court about-                                             minor change to an approval.
   (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
       any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
       provisions of the approval; or                                     to the person.
   (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
       (2) The appeal must be started within 20 business                  approval resulted from a development application
                                                                          (superseded planning scheme) that was assessed as
   days (the “submitters appeal period”) after the day
                                                                          if it were an application under a superseded planning
   the decision notice or negotiated decision notice is
                                                                          scheme.
   given to the submitter.
                                                                             (4) Also, a person who has made a request
      (3) If a person withdraws a submission before the
                                                                          mentioned in subsection (1) may appeal to the court
   application is decided, the person may not appeal the
                                                                          against a deemed refusal of the request.
   decision.
                                                                              (5) An appeal under subsection (4) may be
      (4) If an application involves both impact
                                                                          started at any time after the last day the decision on
   assessment and code assessment, appeal rights for
                                                                          the matter should have been made.
   submitters are available only for the part of the
   application involving impact assessment.                               Division 9 - Appeals to court about other matters
       (5) If an application is processed under section                   Appeals for matters arising after approval given
   6.1.28(2), appeal rights for submitters for the                        (no co-respondents)
   application are available only for the aspects of the
   development that would have required public                            4.1.31.(1) A person to whom any of the following
   notification under the repealed Act.                                   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.
   1
        Section 3.1.6 (Preliminary approval may override local planning
       instrument)



AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@70093365\@[email protected]

Page 6

NOOSA COUNCIL IDAS Development Application Decision Notice                                       6 of 6

                                      2
(b) a notice under section 6.1.44 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)




AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@70093365\@[email protected]