Council archive · source document
Decision Notice - 010.2008.00001426.001 [As Published] · 172008.1426
Officer: Glen Conforti
Direct Telephone: (07) 5449 5379
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/1426
Your Reference:
10 September 2008
Mr D. Barry Ross
8 Mayflower Street
WARNER QLD 4500
Dear Sir
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 9 September 2008 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/1426
Street address: 2/10 Piper Street, Peregian Beach
Real property description: Lot 2 BUP 4678
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Preliminary Approval for Building Works – Addition of Roof Structure to Existing Balcony
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered, titled and dated:
Plan / Rev. Plan / Document Name Date
Document No.
08-081 Sheet 1 Floor Plan – Kieron James Design 05.08.2008
of 3
08-081 Sheet 2 South Elevation & East Elevation – 05.08.2008
of 3 Kieron James Design
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2008/1426
08-081 Sheet 3 Section A-A – Kieron James Design 05.08.2008
of 3
and as may be amended by these conditions and annotations on the plans.
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. The balcony roof structure shall have a maximum height of 8 metres above the natural and
finished ground levels pursuant to The Noosa Plan. A verification survey of the roof structure
is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion
of work confirming compliance with the maximum allowable building height as required by
either the conditions of approval or the Planning Scheme.
4. Existing trees on the site and within road reserves are to be retained, except where required to
be removed due to building operations or the conduct of the approved use. In this regard, the
removal of vegetation shall not extend beyond 3 metres of the building footprint of the Building
work.
5. Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 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.
Currency
6. The Preliminary Approval for Building Works lapses if the use has not happened by 9
September 2010, unless an application to extend the currency is approved by Council.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
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
08-081 Sheet 1 of 3 Floor Plan – Kieron James Design 05.08.2008
08-081 Sheet 2 of 3 South Elevation & East Elevation – 05.08.2008
Kieron James Design
08-081 Sheet 3 of 3 Section A-A – Kieron James Design 05.08.2008
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:-
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2008/1426
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).
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.
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 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
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
A preliminary approval under section 3.1.6 of Integrated Planning Act 1997 has been granted and as
such the level of assessment and applicable codes for any development approval resulting from this
approval are identified in the conditions.
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
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.
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2008/1426
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 PLANNING OFFICER
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2008/1426
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
(5) If an application is processed under section
The following is an extract from the Integrated 6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4). application are available only for the aspects of the
Division 8 - Appeals to court relating to development that would have required public
development applications notification under the repealed Act.
Appeals by applicants
(6) If an application involves assessment
4.1.27.(1) An applicant for a development against a concurrence agency code, appeal rights
application may appeal to the court against any of for submitters for the application are not available
the following- against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a concurrence agency’s response for the code.
development application; Appeals by advice agency submitters
(b) a matter stated in a development approval, 4.1.29.(1) An advice agency may, within the limits
including any condition applying to the of its jurisdiction, appeal to the court about the
development, and the identification of a code giving of a development approval for a
1
under section 3.1.6; development application if-
(c) the decision to give a preliminary approval (a) the development application involves impact
when a development permit was applied for; assessment; and
(d) the length of a currency period; (b) the advice agency told the applicant and the
(e) a deemed refusal. assessment manager to treat its response to
(2) An appeal under subsection (1)(a) to (d) the application as a submission for an appeal.
must be started within 20 business days (the (2) The appeal must be started within 20
“applicant’s appeal period”) after the day the business days after the day the decision notice or
decision notice or negotiated decision notice is negotiated decision notice is given to the advice
given to the applicant. agency as a submitter.
(3) An appeal under subsection (1)(e) may be Appeals for matters arising after approval given
started at any time after the last day a decision on (co-respondents)
the matter should have been made. 4.1.30.(1) For a development approval given for a
Appeals by submitters development application, a person to whom any of
4.1.28.(1) A submitter for a development the following notices have been given may appeal
application may appeal to the court about- to the court against the decision in the notice-
(a) the giving of a development approval, including (a) a notice giving a decision on a request for
any conditions (or lack of conditions) or other extension of the currency period for an
provisions of the approval; or approval;
(b) the length of a currency period for the approval. (b) a notice giving a decision on a request to make
a minor change to an approval.
(2) The appeal must be started within 20
business days (the “submitters appeal period”) (2) The appeal must be started within 20
after the day the decision notice or negotiated business days after the day the notice of the
decision notice is given to the submitter. decision is given to the person.
(3) If a person withdraws a submission before (3) Subsection (1)(a) does not apply if the
the application is decided, the person may not approval resulted from a development
appeal the decision. application (superseded planning scheme)
that was assessed as if it were an
(4) If an application involves both impact application under a superseded planning
assessment and code assessment, appeal rights scheme.
for submitters are available only for the part of the
application involving impact assessment. (4) Also, a person who has made a request
mentioned in subsection (1) may appeal to
the court against a deemed refusal of the
request.
1
Section 3.1.6 (Preliminary approval may override
local planning instrument)
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2008/1426
(5) An appeal under subsection (4) may be For Building Works Only
started at any time after the last day the Rights of appeal conferred by Section 4.2.9 of the
decision on the matter should have been Integrated Planning Act 1997 as follows:
made.
Division 3 – Appeals to tribunals relating to
development applications
Division 9 - Appeals to court about other
matters Appeals by applicants
Appeals for matters arising after approval given
(no co-respondents)
4.2.9(1) An applicant for a development application
4.1.31.(1) A person to whom any of the following may appeal to the Building and Development
notices have been given may appeal to the court Tribunal against any of the following-
against the decision in the notice-
(a) the refusal, or the refusal in part, of a
(a) a notice giving a decision on a request to development application;
change or cancel a condition of a development
approval. (b) a matter stated in a development approval,
2 including any condition applying to the
(b) a notice under section 6.1.44 giving a decision development, and the identification of a code
to change or cancel a condition of a under section 3.1.6;
3
development approval.
(c) the decision to give a preliminary approval when a
(2) The appeal must be started within 20 development permit was applied for;
business days after the day the notice of the
(d) the length of a period mentioned in section 3.5.21
decision is given to the person.
currency period;
(3) Also, a person who has made a request
(e) a deemed refusal.
mentioned in subsection (1)(a) may appeal
to the court against a deemed refusal of the (2) An appeal under subsection (1)(a) to (d) must
request. be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or
(4) An appeal under subsection (3) may be negotiated decision notice is given to the applicant.
started at any time after the last day the
(3) An appeal under subsection (1)(e) may be
decision on the matter should have been started at any time after the last day a decision on the
made. matter should have been made.
Appeals against decisions to change approval The Registrar for the Building and Development
conditions under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a http://www.localgovernment.qld.gov.au/
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
3
cancelled by assessment manager or concurrence Section 3.1.6 (Preliminary approval may override
agency in certain circumstances) local planning instrument)
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