Original source · versioned page text
Decision Notice [As Published]
Officer: Marcus Brennan
Direct Telephone: (07) 5449 5225
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2009/1512
18 March 2010
Altum Constructions
PO Box 2
PEREGAIN BEACH QLD 4573
Dear Sir/Madam
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 11 March 2010 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2009/1512
Street address: 255 David Low Way, Peregian Beach
Real property description: Lot 95 SP 137431
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use - Transport Type 2 (Car Park)
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
General
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and as
may be amended by these conditions.
Plan / Document No. Rev. Plan / Document Name Date
CCC21/001 P1 Carpark Landscape Plan 23 October 2009
Page 1 of 10
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 9 pages
Page 2
2009/1512
2. 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.
3. All manholes, inspection pits and grates are to be raised to finished surface levels and kept
free of cover and be visible at all times to ensure prompt access in case of emergency.
4. 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.
5. 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.
6. 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.
7. Any advertising sign or device is to comply with Councils policies on advertising and Local
Laws.
Relevant Period
8. Pursuant to Section 3.5.21(2)(b) of the Integrated Planning Act 1997, the relevant period is
four (4) years from the day this permit takes effect and ending on 11 March 2014 during
which time all conditions must have been complied with, and the Plan of Survey lodged with
Council for endorsement.
Vehicle Access
9. Vehicular access to the development shall be constructed from David Low Way generally in
accordance with the approved plan.
10. 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. Should any driveways
be constructed to grades that do not comply with AS/NZS 2890.1-2004 and AS 2890.2-1989,
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.
11. To ensure pedestrian safety between vehicles exiting 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 AS 2890.1, section 3.2.4.
12. All vehicles shall enter and leave the site in a forward direction.
Car Parking
13. Carparking shall be provided within the site generally as shown on drawing number 19134-
CP1 dated Sept 2009 by SCG Consulting Engineers, except as modified herein.
14. The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004
for user class 2 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.
15. All carparking shall be kept and maintained in a condition fit for use.
Outdoor Lighting
16. Outdoor lighting is to be provided in accordance with AS4282 The Control of the Obtrusive
Effects of Outdoor Lighting.
Page 2 of 10
Page 3
2009/1512
Landscaping
17. The site is to be landscaped generally in accordance with Noosa Plan Planning Scheme
Policy 003 Landscaping Plants and Guidelines and the approved Plan of Development. The
approved plans are listed above, prepared by Place Design and may be amended by these
conditions.
18. All trees must be planted a minimum of 1 metre from all services.
19. Tees planted beneath overhead powerlines shall offer a 2 metre clearance at maturity.
20. All manholes, inspection pits and grates are to be raised to finished surface levels and kept
free of cover and be visible at all times to ensure prompt access in case of emergency.
Vegetation Protection & Preservation
21. Construction works must not negatively affect the health of any tree identified for retention.
In order to achieve compliance with this condition, construction works under the dripline of
any trees identified for retention must be undertaken in accordance with the
recommendations of a suitably qualified arborist. Evidence of instructions provided by an
arborist must be provided upon request by Councils Environment and Landscape Co-
Ordinator.
22. All plantings 45L and greater in size shall conform to NATSPEC specification and shall be
inspected and approved by a suitably qualified arborist prior to planting.
23. All Pandanus sp. proposed to be planted, retained or transplanted as part of the
development shall be certified free of Flatidae Leafhopper (Jamella australiae), with
certification provided to Council’s Coordinator Environment and Landscape prior to the
works being accepted. Any trees infested with Jamella australiae will be required to be
appropriately treated prior to acceptance of the works.
24. The site must be maintained to aesthetically compliment the surrounding local area for the
life of the development. The maintenance must include:
24.1. regular mowing, weeding and fertilizing of turf verge
24.2. mulching, fertilizing and aeration of landscape areas
24.3. selection and application of fertiliser must be in a manner that it will not transport
nutrients off the site.
24.4. removal of anthropogenic wastes (i.e. rubbish/litter) and green wastes (i.e. lawn
clippings and weeds generated by maintenance of the site)
24.5. replacement of dead or poorly performing plants
24.6. action to prevent any vegetation adversely affecting adjoining property or
pedestrians
Frontage Works
25. All paths, pram ramps, driveways and parking areas shall be designed and constructed to
ensure pedestrian safety using non-slip materials, to produce an evenly graded surface
finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian
Standard 1428.1 Design for Access & Mobility.
26. 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.
Page 3 of 10
Page 4
2009/1512
Stormwater and Soil Quality Protection
27. Following the third year of operation, annual monitoring within a representative sample of
soils from beneath the grass pavers must be undertaken for Petroleum Hydrocarbon
Components, build up. The monitoring must be undertaken by a person suitably qualified
and experience in monitoring of soil contamination. Monitoring and any required remediation
actions must be undertaken in accordance with the National Environment Protection Council
Guideline on the Investigation Levels for Soil and Groundwater. Monitoring is permitted to
discontinue following receipt of a letter from a person suitably qualified in soil contamination
which confirms that any future contamination form the car park will not pose a risk to the
environment or public health.
Sunshine Coast Water
28. Construction activities must not impede the access of Sunshine Coast Water or Fire Brigade
personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).
29. All structures must maintain a minimum clearance of 1.5 metres from Council sewer mains,
and 1.0 metre from sewer manhole chambers.
30. The level of the existing sewer manholes must be adjusted to suit the proposed finished
surface levels. Work must be undertaken by Sunshine Coast Water at the applicants cost.
31. Storm water retention systems, gross pollutant traps and water reservoirs must maintain a
minimum clearance of 1.5 metres from Council water supply and sewerage infrastructure.
32. Landscape planting within 1.5 metres of Council sewerage infrastructure must be approved
varieties and low growing when mature.
33. 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.
Earthworks
34. Earthworks required on site shall be carried out in accordance with Council’s Planning
Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any natural
watercourses.
35. 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. Fences that are
affected shall be replaced prior to the Building Certifier issuing the Certificate of
Classification.
Erosion and Sediment Control
36. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. In this regard the site must be managed in accordance with current best practise for
managing sediment and erosion. At the time of writing these conditions measures detailed in
the Sunshine Coast Manual for Erosion and Sediment Control Version 1.2 are current best
management practise.
Page 4 of 10
Page 5
2009/1512
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Unexploded Ordnances Advice Dept of Environment PO Box 168
& Resource Cotton Tree Qld 4558
Management
A copy of any referral agency conditions is attached.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
CCC21/001 P1 Carpark Landscape Plan 23 October 2009
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. Council notes the use of Archontophoenix cunninghamiana within the final landscape
design. This species whilst attractive in a protected environment can decline significantly in
open hot environments. Council recommends its substitution with a species that is capable
of withstanding a car park environment. Plant species substitution may be approved by
Council’s Co-Ordinator Landscape and Environment in writing.
Aboriginal Cultural Heritage Act 2003
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.
8 PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property record
system:
Not applicable.
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.
Page 5 of 10
Page 6
2009/1512
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Not applicable.
11 SELF ASSESSABLE CODES
Not applicable.
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,
Tracy Jones
Senior Development Planner
Page 6 of 10
Page 7
2009/1512
Referral Agency Conditions
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
Page 7 of 10
Page 8
2009/1512 Page 8 of 10 [OCR of page images] 2009/1512 However, the above study itself did not provide definitive evidence that the site was unaffected by UXO. Therefore, ALTUM Constructions is advised to continue to notify any contractor employed on earthworking or other significant soil disturbance associated with the development of the procedure to be followed should an object suspected of being explosive ordnance or component thereof be found. This procedure is as follows: Do not disturb the object. . Take action, where appropriate, to prevent it being disturbed by another person. Note its approximate dimensions and come appearance, Note the route to its location. Advise the Police as soon as possible. 6. Additional Information Where, at the completion of all earthworking related to development of the lot, the principal contractor is able to provide to DERM a written, signed statement that no explosive ordnance or component thereof was located during that earthworking, together with a description of the extent of earthworks conducted, DERM will arrange for the Area Management Advice (UXO) to no longer apply to the lot. Yours sincerely /) Pris -_ WE Sf Ranald Scott Project Manager - UXO Ce. The Chief Executive Officer Sunshine Coast regional Council Locked Bag 72 SUNSHINE COAST MAIL CENTRE QLD 4560 Page 8 of 10
Page 9
2009/1512
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)
Page 9 of 10
Page 10
2009/1512
(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)
Page 10 of 10