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SUPERSEDED Decision Notice - 010.2007.00001022.001 [As Published] · 132007.1022

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


 File No:    2007/1022                          Date of Decision:       22 August 2007

1.     APPLICANT DETAILS

 Name:              Pamela Lever & Roger Lever

 Postal address:    CARE Martoo Consulting Pty Ltd
                    PO Box 1684
                    NOOSA HEADS QLD 4567

 Phone no:          5474 0921 07 5455       Fax no:       07 5455 5725
                    5425

2.     PROPERTY DESCRIPTION

 Street address:    305 Gympie Terrace Noosaville

 Real property      Lot 2 RP 65319
 description:

3.     OWNER DETAILS

 Name:              Pamela Lever & Roger Lever

 Postal address:    305 Gympie Terrace
                    NOOSAVILLE QLD 4566

4.     REFERRAL AGENCIES

 Referral Agency           Address                                                     Basis
 Nil

5.     APPLICATION TYPE

 Development                     Development Details                         Preliminary        Development
                                                                              Approval             Permit
 Material Change of Use          Multiple Housing Type 2 Duplex                   No                Yes

6.     DECISION DETAILS

Council decided to approve the application and grant a Development Permit, subject to conditions.

7.     APPLICABLE CODES

The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Nil.

8.     SUBMISSIONS

Not Applicable.

9.     CONDITIONS

The approval is subject to conditions. Noosa Council’s conditions are attached.
Full text of the other 11 pages

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NOOSA COUNCIL IDAS Development Application Decision Notice                                                   2 of 12

10.    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                 Subject of the required Development Permit
 Development Permit for Building Works               All Building works

 Development Permit for Operational Works            Landscaping, carparking and access, frontage works,
                                                     stormwater drainage, filling of the site/civil works and erosion
                                                     and sediment control

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                                 Date:       28 August 2007




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NOOSA COUNCIL IDAS Development Application Decision Notice                                              3 of 12



                                       Noosa Council Conditions
                                       INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION



A.    Approve the application and grant a Development Permit, subject to the following conditions:-
Land Use
1.    Development undertaken in accordance with this approval must generally comply with the approved plans
      of development. The approved plans are prepared by JMA Architects Qld Pty Ltd and are detailed as
      follows:

                          Titled                  Numbered                     Dated

                        Site Plans              A-02/04 (REV B)              9 July 2007

                        Floor Plans                 A-02/05                  23 May 2007

                  Elevation North & South           A-02/11                  23 May 2007

                      Elevation East                A-02/12                  23 May 2007

                      Elevation West                A-02/13                  23 May 2007


      And as amended by the conditions herein.
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 open space and setback areas are to be landscaped in accordance with Council’s Policy on
      Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified
      Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being
      occupied and maintained at all times thereafter. In this regard:-

      3.1.    A minimum of 20% of the site shall be landscaped with deep planting.

      3.2.    Native screening vegetation, shall be provided along the side and rear boundaries. The vegetation
              shall include understorey plantings and a diverse range of trees ranging from 45 to 75 Litres in
              size.

      3.3.    Clothes lines, water tanks, bin enclosures shall not to be located where they will significantly
              reduce the effectiveness of any screening vegetation.

      3.4.    The landscaping plan shall include a minimum of five (5) native species of a minimum size of 100
              Litres.

      3.5.    A minimum of 1 x 45litre Acmena hemilampra street trees shall be established on the frontage
              within the road reserve.

4.    Building height shall not exceed 12 metres and 3 storeys above natural ground level.
             rd
5.    The 3 storey balcony roof to the Gympie Terrace frontage shall be setback a minimum of 9 metres from
      the front boundary.

6.    The balustrade material to the front balconies shall be clear glass.

7.    The building is to be completed in muted, natural tones, as indicated on approved building elevations, or
      similar.

8.    All fencing shall be setback at least 1 metre from the front property boundary, with at least half of the
      fencing setback 2 metres. The area of land between the fence and the front property boundary shall be
      densely landscaped to screen any fencing from the street.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                4 of 12

9.    All side and rear boundary fencing shall not exceed 2.0m above Natural Ground Level or 1.8m above
      Finished Ground Level whichever is the higher.

10.   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. These landscape plans required
      to be submitted are to denote areas of existing vegetation or existing trees proposed or required to be
      retained.

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

12.   All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
      (LPG or natural).

13.   The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA
      Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating
      and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to
      comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not
      exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this
      requirement.

14.   Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted,
      to secure performance of all conditions of this approval, prior to the issue of a Development Permit for
      operational 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.

15.   The requirements of this development approval are to be effected, prior to the use of the premises.
      Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect
      compliance with conditions.

16.   The Development Permit for a material change of use of premises lapses if the use has not happened by
      22 August 2011, unless an application to extend the currency is approved by Council.
Building Services

Demolition
17.   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;

18.   All infrastructure must be disconnected, capped or sealed including:-
             electricity meters removed and electrical wires disconnected; and

             telephone lines are disconnected; and

             high speed data cables and television provider boxes are disconnected and removed to the
             standard required by the regulatory authority;
19.   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.

20.   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.

21.   All building materials containing asbestos products must be disposed on in accordance with industry best
      practice.

22.   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.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                       5 of 12

23.   A Waste Management Plan shall be submitted for the demolition to the Environmental Health Section of
      Noosa Council, prior to the development permit for building works being issued. The Plan shall contain the
      following information:-
      MATERIALS ON-SITE                               DESTINATION
                                                      Re-use and Recycling             Disposal
      Expected     waste    Estimated volume (m³)     On-site        *specify   Off-site   *specify   *Specify contractor
      materials                                       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.

Land Development

River Flooding
24.   All habitable rooms within the proposed buildings on site shall be constructed to comply with Council’s
      Minimum Floor Height requirements as defined in Council’s Planning Scheme and on Council’s Scheme
      Maps at the time of issue of the Building Permit.
      In this regard and as an indication only all habitable rooms within the proposed buildings should have a
      Minimum Floor Height of RL 2.8 (AHD). This level, however, is subject to change and verification shall be
      made to Council’s Land Development Section prior to obtaining a Development Permit for Building Works.
      The applicant should note that compliance with these levels does not necessarily require the site to be
      filled as an equal result can be achieved by suspending the lower levels of the building as opposed to
      filling. To this extent excessive filling should be avoided to prevent any impacts on neighbouring
      properties and minimum floor levels should be strictly adhered to without building higher than is actually
      needed to prevent flooding.

Vehicle Access
25.   A vehicular access driveway to serve Lot 2 on RP65319 shall be constructed from the Gympie Terrace
      frontage of the site with a maximum width of 3.0m and generally in accordance with Drawing Number A-
      02/04 dated 9/07/2007 by JMA Architects.

26.   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 AS2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do
      comply.
27.   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 AS2890.1, section 3.2.4. The applicant shall demonstrate compliance by
      illustrating these sight lines on the plans submitted for both Operational Works approval and Building
      Works approval.
28.   All vehicles shall enter and leave the site in a forward direction.
Car Parking
29.   Carparking shall be provided within the site as shown on drawing number A-02/04 dated 9 July 2007 by
      JMA Architects Qld Pty Ltd except as modified herein.

30.   A minimum of 4 covered carpark spaces shall be provided on site.

31.   The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for user class 1A
      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.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                     6 of 12

32.   All carparking shall be kept and maintained in a condition fit for use.
Frontage Works
33.   Footpath improvements such as topsoiling, grassing, and tree planting are required to the Gympie
      Terrace frontage of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants &
      Guidelines. Grass shall be couch, free of weeds.

34.   The existing footpath shall be maintained or repaired to meet Council’s design standards and to an
      alignment that protects any significant vegetation or any underground services.

35.   All paths, 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.

36.   Where applicable, 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
37.   Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank (minimum
      storage 5000 litres per dwelling unit) that is installed to ensure water from the tank is used for external
      uses (such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools,
      outdoor cleaning, etc) and for use in flushing of toilets internal to the dwelling units. All rainwater tanks are
      to be designed and installed in accordance with the Queensland Development Code (QDC), Part 25 –
      Rainwater Tanks, and shall be part of the plumbing application in conjunction with the building approval.
      The location and capacity of the tanks shall be clearly shown on the plans submitted for Building Works
      and Operational Works approval and any overflow shall be directed to the road frontage located at
      Gympie Terrace.

38.   All stormwater drainage (including roof water overflow from the rainwater storage system) shall be
      collected 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 to Council’s existing drainage structures in
      Gympie Terrace. The maximum discharge of stormwater drainage allowable to Council’s kerb & channel
      street drainage system at any one location is 25 litres/second.

39.   All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
40.   The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in
      accordance with Council’s standards and requirements at no cost to Council.

41.   The existing sewer main is located in the adjoining property at the rear of the site and the ‘zone of
      influence’ (taken as the area within a 45-degree angle measured from the invert of the sewer main to the
      finished surface level) shall be accurately located and determined by a licensed Surveyor and shown on
      all plans submitted for Operational Works approval.
Town Water Supply
42.   The site shall be connected to Council’s existing town water supply and be constructed in accordance with
      Council’s standards and requirements at no cost to Council.

43.   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.

44.   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.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                7 of 12

Service Easements (Sewer)
45.   A registered easement shall be created over the zone of influence of all sewers within the subject site and
      over those parts of the subject site that are impacted upon by sewers on any adjoining sites. The
      easements shall generally be parallel to and centred over the sewer main and be equivalent in width to
      twice the depth to invert level of the sewer at the deepest point within the allotment (measured from the
      finished surface) and be no less than 3.0m wide overall. In this regard a licensed surveyor shall
      accurately locate all sewer mains and determine the necessary width of the easement, which shall be
      shown on any plans submitted for Operational Works and Building Works approval. To this extent the
      surveyor shall certify that the sewer and the zone of influence is wholly contained within the easement to
      be created.
46.   No building or other structure shall be constructed or encroach over an easement.
Earthworks
47.   Filling works required on site shall be carried out in accordance with Section 3.8 of Council’s Engineering
      Design Standards Manual and so as not to cause the additional ponding of water on any adjoining lands
      or the blockage of, or interference with, any natural stormwater runoff. Detailed site surveys indicating
      natural surface levels and contours of the adjoining properties must be provided with the application for a
      Development Permit for Operational Works for Filling and Drainage.
      This may require the design and construction of drainage pipes and/or an overland flow-path within the
      development site that caters for drainage from the adjoining sites for a design storm with an Average
      Recurrence Interval of 1 in 100 years. A private easement for the Drainage of Water encompassing the
      drainage pipes or overland flow-path will also be required. In this regard a Development Permit for
      Operational Works shall be obtained.
      Should evidence prepared and certified by qualified engineer or surveyor be provided to Council indicating
      that no additional ponding of stormwater will occur on the adjoining properties the requirement for the
      drainage pipes, overland flow-path and easement shall not apply.
48.   Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or
      structures that border the development site.
Acid Sulfate Soils
                                                                                          3
49.   As the site is located below the 5m AHD, any excavation works consisting of 100m or greater and/or any
                                       3
      filling works consisting of 500m or greater and with an average depth of 0.5m or greater will need to be
      carried out in accordance with State Planning Policy 2/02 Planning and Managing Development Involving
      Acid Sulfate Soils. In this regard appropriate testing and supporting documentation prepared by a suitably
      qualified specialist shall be submitted to Council for approval prior to obtaining a Development Permit for
      Operational Works.
Erosion and Sediment Control
50.   Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site
      control measures such as silt fencing and controlled disposal of waste, will be necessary.
      In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted
      to the Council for approval prior to obtaining a Development Permit for Operational Works.
Contributions Towards Council Infrastructure
51.   Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading
      various infrastructure at the rates applicable at the time of payment. An estimate only of the contribution
      amounts under the current Council policies and requirements is outlined in the table below:

        Contribution Required For:                                                            Amount:

        PSP12 – Public Open Space Contributions (Park)                                        $2,974
        PSP16 – Sewerage Headworks Contributions                                              $2,576
        PSP17 – Water Supply Headworks Contributions                                          $3,027
        PSP20 – Pathway Trunk Network Contributions                                           $669
        TOTAL Contribution Amount =                                                           $9,246
        Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane
        from June 2007 until the date of payment.
      All contributions must be paid prior to the issue of a Development Permit for Operational Works.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                 8 of 12

General
52.   For the following classes of work associated with development, a Development Permit for Operational
      Works must be obtained prior to commencement of works relating to that class of work. The application
      may combine any or all of these classes of work:-
      52.1. Landscaping.

      52.2. Access and Carparking.

      52.3. Stormwater Drainage.

      52.4. Frontage Works.

      52.5. Site Filling / Civil Works

      52.6. Erosion & Sediment Control
53.   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.

54.   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.
      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.
Environmental Health
55.   The developer must provide waste storage and disposal facilities in accordance with Planning Scheme
      Policy “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an
      external imperviously paved area correctly sized for all refuse and recycling containers and suitably
      screened from public places and neighbouring properties.

56.   Noise emission from swimming pool and spa equipment (including heating equipment) shall comply with
      the following requirements:

      56.1. The equipment shall be installed and located in a manner that prevents excessive noise in
            accordance with Council’s Local Law No. 12 - Control of Nuisances. Infringement Notices (on-the-
            spot fines) may apply for offences.

      56.2. A person must not use equipment on any day if it makes or causes noise to be made:

             56.2.1.    From 10pm to 7am: Which is audible outside the most exposed part of an affected
                        building

             56.2.2.    From 7am to 7pm: More than the lower of either –

                             50 dB(A)

                             5 dB(A) above the background noise level

             56.2.3.    From 7pm to 10pm: More than 3 dB(A) above the background noise level.

57.   Noise emission from air conditioning equipment shall comply with the following requirements:

      57.1. The equipment shall be installed and located in a manner that prevents excessive noise in
            accordance with Council’s Local Law No. 12 - Control of Nuisances. Infringement Notices (on-the-
            spot fines) may apply for offences.
      57.2. Submission of written certification from a suitably qualified person confirming that the noise levels
            comply when measured at either the residential boundary or outside the most exposed part of an
            affected building, whichever is the closest to the equipment. This is required immediately after
            installation of the equipment and prior to any occupation of the building, and in a format approved
            by Council. This assessment must take into account noise from any other fixed equipment on the
            property e.g. swimming pool pump, heating equipment, that may increase the overall noise level
            emitted.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                       9 of 12



      57.3. A person must not use equipment on any day if it makes or causes noise to be made:

             57.3.1.    From 10pm to 7am: More than the lower of either –
                              40 dB(A)

                              3 dB(A) above the background noise level


             57.3.2.    From 7am to 7pm: More than the lower of either –
                              50 dB(A)

                              5 dB(A) above the background noise level


             57.3.3.    From 7pm to 10pm: More than 3 dB(A) above the background noise level.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                      10 of 12



                                         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 applicant is advised that development contributions and infrastructure charges applicable to this
           development approval have been based on the following Uses Class/ Uses and applicable quantities:-

                         Existing Development                                   Approved Development
              Existing Use Class /                                 Approved Use Class /
                                           Existing Quantity                                      Approved Quantity
                      Use                                                 Use
                                                                 Multiple Housing - Type 2
            Detached House                1 Dwelling                                            2 x 3 Bedroom Units
                                                                 – Duplex

2.         The applicant is informed that approval of this development application will trigger an Infrastructure
           Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated
           amount of $1036 and is subject to variations in the Consumer Price Index, All Groups Brisbane from June
           2007 until the date of payment. An Infrastructure Charge Notice will be issued in accordance with
           Chapter 5 of the Integrated Planning Act 1997.

3.         The applicant is informed that payment via credit card transaction will not be an acceptable method of
           payment for development contributions conditioned in this permit or for infrastructure charge notices
           issued separately.
4.         The applicant is advised that the following property note (or similar) will be created for the subject site to
           advise potential purchaser that:
      a)    “The basement carpark has been constructed at a level that is below expected flood levels during major
            storm events it is likely that the basement will be inundated. To this end, it is likely that items/objects
            stored in the basement will at some stage be affected by floodwaters and owners should be mindful of
            what they store.”
5.         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 and Drainage Act 2002 (as
           applicable).
6.         Fencing to the swimming pools must comply with the Queensland Building Act 1975 Part 3 (as amended)
           and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from the dwelling to the
           pool enclosure is not permitted.
7.         Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of
           operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In
           accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the
           Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the
           requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational
           works must be submitted to Council with the lodgement of any application for operational works over the
           site.

8.         In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement,
           concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could
           reasonably be expected to move into a roadside gutter, storm water drain or a watercourse. On the spot
           fines apply for such offences.
B.         Finds that despite the proposal’s conflict with certain Specific Outcomes in The Noosaville Locality Code,
           the application is able to be supported because:-

      1.    It is consistent with the Overall Outcomes and intent of the Noosaville Locality Code; &
      2.    It is consistent with the scale and character of the surrounding development and will not adversely
            impact on the streetscape.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                        11 of 12



                                                    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
                                                                          approval resulted from a development application
       (2) The appeal must be started within 20 business                  (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)



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Page 12

NOOSA COUNCIL IDAS Development Application Decision Notice                                       12 of 12

                                      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)




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