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Appendix C - Existing Approvals · 132000.200359.3

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Appendix C
Existing Approvals
Request for a Change to the Conditions
specified within the Decision Notice (Minor
Change)

11 Allambi Rise Noosa Heads Qld 4567
Lot 65 on RP 52918


Star Crest Pty Ltd A.C.N. 009 968 647
Full text of the other 9 pages

Page 2

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


    File No:    20444 DA            Date of Decision:    31 March 2001

1.        APPLICANT DETAILS

    Name:               NICHOLAS MANDIKOS & ASSOCIATES

    Postal address:     PO BOX 3414 SOUTH BRISBANE QLD 4101

    Phone no:           3844.9988              Fax no:     3844.9944              Mobile:

2.        PROPERTY DESCRIPTION                      MULTIPLE PROPERTY        0

    Street address:     11 ALLAMBI RISE

    Suburb/locality     NOOSA HEADS

    Real property       LOT 65 RP 52918 PARISH WEYBA COUNTY MARCH
    description:

3.        OWNER DETAILS

    Name:               STARCREST PTY LTD

    Postal address:     P.O. BOX 713 UNLEY SA                                            Postcode:    5061

4.        REFERRAL AGENCIES

    Referral Agency           Address                                                    Basis

    Nil

5.        APPLICATION TYPE

    Development                        Development Details                   Preliminary             Development
                                                                              Approval                  Permit

    Material Change of Use             Extensions & Alterations to                  NO                  YES
                                       Dwelling in Sand Dune Problem
                                       Area

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:-
     Not applicable.

8.        SUBMISSIONS

Not applicable.

9.        CONDITIONS

The approval is subject to conditions. Noosa Council’s conditions are attached.

Page 3

NOOSA COUNCIL IDAS Development Application Decision Notice                                                       2


10.      FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                     Subject of the required Development Permit

 Building Works                                          Alterations and Extensions to Dwelling

11.      RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.      ASSESSMENT MANAGER

 Name:         Noosa Shire Council            Signature:                                      Date:   2/4/2001




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Page 4

NOOSA COUNCIL IDAS Development Application Decision Notice                                                         4


8.       Energy dissipation methods shall be deployed at the lower end of the driveway (Sketch-03) in order to
         reduce the effects of stormwater runoff washing away any vegetation. In this regard, energy dissipaters
         such as stone pitching may be appropriate. But no matter what method is employed, the aim should be to
         disperse the water over the full width of the driveway and to minimise the effects of a potential wash out.

Land Use

9.       Development undertaken in accordance with this approval must generally comply with the approved plans
         of development. The approved plans are numbered 95:456 WD1 titled Site Plan prepared by Nicholas
         Mandikos & Associates and dated Nov ‘99, 95:456 WD1.2 titled Site Plan - Levels prepared by Nicholas
         Mandikos & Associates and dated Mar ‘01, 95:456 WD2 titled Ground & First Floor Plans prepared by
         Nicholas Mandikos & Associates and dated Nov ’99, 95:456 WD3 titled Basement & Roof Plans prepared
         by Nicholas Mandikos & Associates and dated Nov ‘99, 95:456 WD4 titled Elevations prepared by
         Nicholas Mandikos & Associates and dated Dec ’99, and 6398-S1 to 6398-S3 prepared by Leddy
         Sergiacomi & Associates Pty Ltd and dated 12/99 and as may be amended by these conditions.

10.      The garage in the basement level is to be accessed from the northern elevation of the building.

11.      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.

12.      Existing trees on the site and within road reserves are to be retained, except where required to be
         removed due to building operations.

13.      This Development Permit for a material change of use of premises lapses if:-

         13.1      the use or erection of a building or other structure associated with the use, has not been
                   commenced within four (4) years of the date of issue of the Development Permit, unless
                   application is made and approved by Council for an extension; or

         13.2      the use of any premises pursuant to the Development Permit ceases.

14.      The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to
         obtaining a Development Permit for building works.




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Page 5

                                                  Officer:            Glen Conforti
                                                  Direct Telephone:   (07) 5449 5379
                                                  Response Address:   Locked Bag 72
                                                                      Sunshine Coast Mail Centre QLD 4560
                                                  Email:              [email protected]
                                                  Our Reference:      20444 DA (2000/200359 )
                                                  Your Reference:     Holly Pittman

25 November 2010


Di Henshall Interior Design
PO Box 744
NOOSA HEADS QLD 5467



Dear Madam

                            Change to an Existing Approval
                                     Sustainable Planning Act 2009

I refer to your request to make a change to an existing approval. On 25 November 2010 Council decided
your requested changes.
Details of the decision with the consolidated conditions are as follows:
1        APPLICATION DETAILS

    Application No:                20444 DA (2000/200359)
    Street address:                11 Allambi Rise NOOSA HEADS
    Real property description:     Lot 65 RP 52918
    Planning Scheme:               The Noosa Plan

2        DECISION DETAILS
Council on 31 March 2001 decided to issue the following type of approval:-
     Material Change of Use for Extensions and Alterations to a Dwelling in Sand Dune Problem Area
In relation to the request to make a change to the existing approval for a stair enclosure, Council on 25
November 2010 decided to:
A.       Approve a change to the development approval with the addition of Condition 15
B.       Issue a Change to Development Approval.
3        RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager conditions.
4        ASSESSMENT MANAGER CONDITIONS
Building
1.       An identification survey of the subject site is to be carried out by a Licensed Surveyor and is to be
         submitted to Council at the time of foundation inspection or immediately thereafter. Such survey
         shall set out the boundaries of the site and the position of the buildings on the site.
                                                                                             Page 1 of 6

Page 6

                                                                                      20444 DA


2.   A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate
     lodged with Council at completion of the work confirming compliance with the maximum building
     height above natural surface, required by the provisions of the Planning Scheme.
3.   The geotechnical report submitted as part of your application has been appraised and approved
     subject to the following conditions:
     3.1.   There is to be no uncontrolled discharge of water onto the slope.
     3.2.   Under no circumstances should the vegetation beyond the rear property boundary be
            removed and stripping of vegetation for construction purposes should be minimised. If
            vegetation is destroyed it should be reinstated immediately after construction is completed.
     3.3.   Additional load due to fill, construction equipment or stockpiled materials should not be
            located on the dune slope. Filling in the open space area is to be avoided.
     3.4.   The use of vibratory equipment of any kind is not permitted to be used, including vibrating
            rollers, the use of vibrating installation techniques for sheet piling and other construction
            vibrations caused by excavating, earthmoving or demolition machinery or other similar
            construction techniques.
     3.5.   The client is to engage the services of a suitably qualified engineer to oversee the piling
            (bored pier) works and such works should be carried out using non-vibratory techniques.
     3.6.   The construction management plan provided by Field Constructions Pty Ltd and dated 8
            September 2000 forms part of this approval and as such the procedures outlined therein are
            ‘conditions’ for the purposes of this approval and are to be strictly adhered to.
     3.7.   The builder, landscaper and all workers associated with the construction of the works on this
            site shall at all times comply with the directions of the consulting geotechnical engineer and
            Council officers.
     3.8.   Recommendations of Coffey Geosciences Pty Ltd in Report referenced B17305/1-A CT:CJ
            and dated 8 January 2000 forms part of this approval and as such the recommendations
            contained therein are to be adhered to.
Land Development
4.   The two sets of absorption trenches (3 x 600 x 900 deep) shall be installed in the locations shown
     on Sketch-01 (attached), and shall not be built over or on top of in any way or form, including the
     likes of a driveway.
5.   Certification from a Geotechnical Engineer that all structures including the absorption trenches
     have been built in accordance with the approved Geotechnical report and are safe against failure
     will be submitted to Council at the completion of the works approved.
6.   The proposed driveway shall be constructed to an alignment that avoids the two sets of absorption
     trenches, and should generally be in accordance with the location shown on Sketch-02 (attached).
7.   A grated trench drain shall be provided across the proposed driveway as shown on Sketch-02.
     This drain shall then discharge to one of the two sets of absorption trenches as shown on Sketch-
     01.
8.   Energy dissipation methods shall be deployed at the lower end of the driveway (Sketch-03) in order
     to reduce the effects of stormwater runoff washing away any vegetation. In this regard, energy
     dissipaters such as stone pitching may be appropriate. But no matter what method is employed,
     the aim should be to disperse the water over the full width of the driveway and to minimise the
     effects of a potential wash out.




                                                                                    Page 2 of 6

Page 7

                                                                                      20444 DA


Land Use
9.    Development undertaken in accordance with this approval must generally comply with the
      approved plans of development. The approved plans are numbered 95:456 WD1 titled Site Plan
      prepared by Nicholas Mandikos & Associates and dated Nov ‘99, 95:456 WD1.2 titled Site Plan -
      Levels prepared by Nicholas Mandikos & Associates and dated Mar ‘01, 95:456 WD2 titled Ground
      & First Floor Plans prepared by Nicholas Mandikos & Associates and dated Nov ’99, 95:456 WD3
      titled Basement & Roof Plans prepared by Nicholas Mandikos & Associates and dated Nov ‘99,
      95:456 WD4 titled Elevations prepared by Nicholas Mandikos & Associates and dated Dec ’99, and
      6398-S1 to 6398-S3 prepared by Leddy Sergiacomi & Associates Pty Ltd and dated 12/99 and as
      may be amended by these conditions.
10.   The garage in the basement level is to be accessed from the northern elevation of the building.
11.   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.
12.   Existing trees on the site and within road reserves are to be retained, except where required to be
      removed due to building operations.
13.   This Development Permit for a material change of use of premises lapses if:-
      13.1. the use or erection of a building or other structure associated with the use, has not been
            commenced within four (4) years of the date of issue of the Development Permit, unless
            application is made and approved by Council for an extension; or
      13.2. the use of any premises pursuant to the Development Permit ceases.
14.   The developer must obtain all of the other Development Permits referred to in the Decision Notice,
      prior to obtaining a Development Permit for building works.
Additional Condition
15.   Development undertaken in accordance with this approval must generally comply with the
      approved plans of development contained in Condition 9 and the approved plans listed in the
      following table and may be amended by these conditions and annotations on these plans.

       Plan No.          Rev.    Plan Name – Prepared by                          Date
       Drawing No: 20            First Floor Plan – Di Henshall Interior design   11 October 2010
       Drawing No: 21            First Floor Plan – Di Henshall Interior design   11 October 2010
       Drawing No: 22            South Elevation – Di Henshall Interior design    11 October 2010

5     REFERRAL AGENCY CONDITIONS
Not applicable.
6     APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in Condition 15.
7     ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of approval:
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).


                                                                                     Page 3 of 6

Page 8

                                                                                        20444 DA


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
Not applicable.
9     PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.
10    FURTHER DEVELOPMENT PERMITS REQUIRED

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

11    SELF ASSESSABLE CODES
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
Sustainable Planning Act 2009 is attached.
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.


Decision Notice History
31 March 2001                   Original Decision Notice.

25 November 2010                Approved Change to Existing Approval with addition of
                                Condition 15




                                                                                       Page 4 of 6

Page 9

                              20444 DA


Yours faithfully,




Glen Conforti
Planning Technical Officer



Encl:   Appeal Rights
        Approved Plans




                             Page 5 of 6

Page 10

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