SUPERSEDED 2009/1058 - Change to Existing Approval [As Published] · 132009.1058.02

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      Plan Number        Rev.     Plan - Prepared by                               Date
      SK1.0              A        Title Sheet – Sparks Architect                   31 August 2009
      SK1.1              B        Site Plan – Sparks Architect                     31 August 2009
      SK1.2              B        Ground Floor Plan – Sparks Architect             31 August 2009
      SK1.3              A        First Floor Plan – Sparks Architect              31 August 2009
      SK1.4              A        Roof Plan – Sparks Architect                     31 August 2009
      SK2.1              A        North West Elevation – Sparks Architect          31 August 2009
      SK2.2              A        North East elevation – Sparks Architect          31 August 2009
      Sk2.3              A        South East Elevation – Sparks Architect          31 August 2009
      SK2.4              A        South West Elevation – Sparks Architect          31 August 2009
      Sk3.1              B        Section A – Sparks Architect                     31 August 2009
      SK3.2              A        Section B – Sparks Architect                     31 August 2009
      Sk3.3              A        Section C – Sparks Architect                     31 August 2009
      WD7.1                       Roof Plan Protrusion– Sparks Architect           20 August 2010
      WD7.2                       Section 1 & 2 – Sparks Architect                 20 August 2010
      WD7.3                       South Western Elevation – Sparks Architect       20 August 2010
      WD7.4                       3D Views – Sparks Architect                      20 August 2010
and as may be amended by these conditions and annotations on the plans.
Relevant Period
2.    The Development Permit for a material change of use lapses if the use has not happened by
      1 October 2013, unless an application to extend the currency is approved by Council.
Building Height
3.    The building height shall not exceed 8.0 metres above the natural ground level, the finished
      ground level and 2 storeys except for the north eastern corner of the southern pavilions roof,
      where the maximum height shall be 8.689m above the natural ground level and finished
      ground level.
4.    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 allowable building height as required by either the conditions of approval or the
      Planning Scheme.
Security Bond
5.    Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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.
Landscaping and Vegetation
6.    All Pandanus tectorius trees on site shall be retained, or, alternatively relocated to a suitable
      location on site. In this regard all Pandanus tectorius trees on site shall be surveyed and
      indicated on the a site plan and submitted to Council’s Planning Assessment Section -
      Tewantin Office prior to the issue of a development permit for building works.
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7.    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 metres 3 metres of the building footprint of the
      detached house, with the exception of the Pandanus tectorius trees pursuant to Condition 6.
8.    A minimum of 20% of the site shall be retained as soft landscaping.
9.    All other vegetation shall be protected from interference resulting from clearing or construction
      activities by:
      9.1.   Clearly marking vegetation to be retained with flagging tape;
      9.2.   Installing protective fencing around the drip line of the vegetation;
      9.3.   Stockpiling, storage and vehicle parking occurs in already cleared areas and does not
             cause interference with vegetation; and
      9.4.   Low impact construction techniques are used around vegetation to minimise
             interference with the vegetation.
10.   Cleared vegetation is to be suitably processed by one of the following methods and removed
      from the site:
      10.1. Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
            loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a
            minimum of 10 metres between edges of heaps.
      10.2. Disposal for firewood.
      10.3. Disposal for landscaping purposes.
      10.4. Transport to alternative site for breaking down materials provided that all necessary
            permits have been obtained to allow the alternate site to be used for this purpose.
      10.5. The applicant is advised that burning off is an unacceptable method of disposal.
11.   Dense screening vegetation shall be planted to the raised front setback area to the south side
      of the driveway and planted in accordance with Council’s Planning Scheme Policy PSP3
      Landscaping Plants and Guidelines.
12.   A mix of native landscaping such as ground covers, shrubs and trees shall be provided for a
      width of 3m from the seaward boundary and planted in accordance with Council’s Planning
      Scheme Policy PSP3 Landscaping Plants and Guidelines
13.   Landscape structures including retaining walls shall be setback a minimum of 6m from the
      seaward boundary, except for the swimming pool, which shall be setback a minimum of 3
      metres.
General
14.   Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) shall
      not be constructed under overhead electricity transmission lines, or within any easements.
15.   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.
16.   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.


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17.   All hot water systems installed shall be either solar systems; electric heat pump systems; or
      gas systems (LPG or natural).
18.   External colours and finishes of the building shall comprise of muted/environmental tones that
      blend with the natural environment.
19.   Gates must not be installed along the rear property boundary.
Demolition or Relocation of Existing Dwelling
20.   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.
21.   All infrastructure must be disconnected, capped or sealed including:
      21.1. electricity meters removed and electrical wires disconnected; and
      21.2. telephone lines are disconnected; and
      21.3. high speed data cables and television provider boxes are disconnected and removed to
            the standard required by the regulatory authority
22.   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.
23.   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.
24.   All building materials containing asbestos products must be disposed on in accordance with
      industry best practice.
25.   A temporary crossing must be provided to protect road reserve infrastructure including kerb
      and channel.
26.   Any damage to footpaths, street plantings, kerb and channel or roadways at the removal site,
      the relocation site or between the sites must be repaired or reinstated to at least pre-existing
      conditions.
27.   All disturbed areas must be revegetated or otherwise stabilised at the completion of the works.
      Disturbed areas are revegetated using species identified in PSP3 – Landscaping Plants and
      Guidelines.
28.   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.
29.   A Waste Management Plan (demolition) shall be submitted to the Planning Assessment
      section of the Sunshine Coast Regional Council – Tewantin office, prior to the issue of a
      development permit for building works. The waste Management Plan (demolition) is required
      to be submitted in accordance with Planning Scheme Policy 11- Waste Management Plans.
      The Plan shall contain the following information:-

               A waste management table as indicated below is to be completed showing how
                waste material is to be segregated – recycled – reused or disposed.
         MATERIALS ON-SITE                       DESTINATION

                                                 Re-use and Recycling         Disposal

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        Expected waste materials   Estimated     On-site       *specify   Off-site   *specify   *Specify
                                   volume (m³)   proposed   reuse or      contractor       &    contractor      &
                                                 onsite       recycling   recycling outlet      landfill site
                                                 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.
         The purpose of the Waste Management Plan is to facilitate the segregation of waste for
         the effective reuse and recycling of such materials. Additionally, Council rewards those
         who segregate waste by significantly reducing disposal fees at the landfill with some items
         free. Higher gate fees are charged for loads of mixed waste.

Vehicle Access
30.   A vehicular access driveway to serve the house shall be constructed from the Piper Street
      frontage of the site with a maximum width of 4.5m pursuant to the Detached House Driveways
      Code.
31.   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. The applicant shall
      demonstrate compliance by illustrating these sight lines on the plans submitted for Building
      Works approval.
32.   A Road/Footpath Permit shall be completed and submitted for the construction of the access
      driveway in accordance with Council’s Local Law No.8. If approval is given the driveway shall
      be constructed in accordance with Council’s standard drawings, which will be provided at time
      of approval.
Roof Water & Stormwater Drainage
33.   Roof runoff from any new building shall be directed to a rainwater storage system or tank with
      a minimum capacity of 3000 litres that is installed to ensure water from the rainwater storage
      system or tank is used for external purposes (such as watering gardens, irrigation, ornamental
      ponds, water features, topping-up swimming pools, outdoor cleaning, etc) and for internal
      (ground floor) use in washing machine cold taps and toilet cisterns.
34.   All rainwater tanks are to be designed and installed in accordance with the Queensland
      Development Code (QDC) current at the time of building approval, and shall be part of the
      plumbing application for approval. The location and capacity of the tanks shall be clearly
      shown on the plans submitted for Building Works approval and any overflow shall be directed
      to the Piper Street road frontage.

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35.   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
      kerb & channel drainage system in Piper Street or discharged via on-site infiltration pits. Plans
      of the drainage design must be prepared and certified by a Registered Professional Civil
      Engineer and submitted for Building Works Approval.
      1.The maximum discharge of stormwater drainage allowable to Council’s kerb & channel
      street drainage system at any one location is 25 litres/second.
      2.The stormwater drainage design must ensure that no ponding or scour occurs on the subject
      site or on neighbouring properties.
36.   All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
37.   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.
38.   The applicant is advised that this approval does not relate to sewer main setbacks within the
      site or adjacent to the site, as a Building Certifier will assess this during the Building
      Application process and after consultation with Council’s Water & Sewerage section. Should
      any Council sewer mains be affected as a result of non-compliance with this condition, the
      Building Certifier will be held personally liable. To this end, all Building Applications will need
      a site plan prepared & certified by a licensed surveyor clearly illustrating the exact location of
      any sewer mains and the ‘zone of influence’ of these mains.
Town Water Supply
39.   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.
40.   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.
Earthworks
41.   Earthworks carried out on site shall not affect the structural integrity of any of the existing
      fences or structures that border the development site. Fences that are affected shall be
      replaced prior to the Building Certifier issuing the Certificate of Classification. In this regard
      any fences to be replaced shall be clearly shown on the plans submitted for Building Works
      approval.
42.   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 concentrate or direct overland flow on to an
      adjoining property.
Site Stability
43.   A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site,
      determine the soil classification, establish whether any measures are required to protect the
      stability of adjoining buildings and/or structures and/or land, and make recommendations on
      the type of foundation system(s) best suited for the proposed development and recommend
      any measures to prevent slumping during excavations. The recommendations of this report
      shall be incorporated into the design and construction of the proposed development.
Erosion and Sediment Control
44.   Any person acting on this permit shall prevent erosion and sediment export from leaving the
      site. Site control measures such as silt fencing, controlled gravel access to the site and
      controlled disposal of waste, will be necessary.

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      In this regard, plans detailing the methods of controlling erosion and sediment in accordance
      with the Healthy Waterways document and fact sheet series titled Controlling Stormwater
      Pollution on your Building Site dated 2006 are required to be submitted with the application for
      a Building Works Permit.
General Engineering
45.   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.
46.   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.

5     REFERRAL AGENCY CONDITIONS

Not applicable.
6     APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following tables:

       Plan Number        Rev.    Plan - Prepared by                               Date
       SK1.0              A       Title Sheet – Sparks Architect                   31 August 2009
       SK1.1              B       Site Plan – Sparks Architect                     31 August 2009
       SK1.2              B       Ground Floor Plan – Sparks Architect             31 August 2009
       SK1.3              A       First Floor Plan – Sparks Architect              31 August 2009
       SK1.4              A       Roof Plan – Sparks Architect                     31 August 2009
       SK2.1              A       North West Elevation – Sparks Architect          31 August 2009
       SK2.2              A       North East elevation – Sparks Architect          31 August 2009
       Sk2.3              A       South East Elevation – Sparks Architect          31 August 2009
       SK2.4              A       South West Elevation – Sparks Architect          31 August 2009
       Sk3.1              B       Section A – Sparks Architect                     31 August 2009
       SK3.2              A       Section B – Sparks Architect                     31 August 2009
       Sk3.3              A       Section C – Sparks Architect                     31 August 2009
       WD7.1                      Roof Plan Protrusion– Sparks Architect           20 August 2010
       WD7.2                      Section 1 & 2 – Sparks Architect                 20 August 2010
       WD7.3                      South Western Elevation – Sparks Architect       20 August 2010
       WD7.4                      3D Views – Sparks Architect                      20 August 2010

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:
      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.
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      A maximum penalty of $1,500 applies to an offence under this legislation.
2.    You are advised that the site is identified as a Koala Living Area under the Nature
      Conservation (Koala) Conservation Plan 2006 and Management Program 2006-2016 and may
      contain koalas. The use of a Koala Spotter is encouraged in areas where koalas are likely to
      occur, before the removal of Angophora, Corymbia, Eucalyptus, Lophostemon and Melaleuca
      species. Further information can be obtained from the Environmental Protection Agency at
      http://www.epa.qld.gov.au or phone (07) 3227 8185.
3.    Before 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).
4.    For properties located in the catchment area for the Coastal Major Road Network
      Infrastructure Charges Plan, a Building Works application may trigger an Infrastructure Charge
      payable to Council in accordance with the Infrastructure Charges Plan and Chapter 5 of the
      Integrated Planning Act 1997.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.
Your attention is also directed to the fact that in addition to the requirements of the Building Code of
Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact
on the proposed building work:
(a)     The Disability Discrimination Act 1992 (Commonwealth)
(b)     Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to address
equitable access and facilities in the building:
(a)     The building and environs should be designed to meet the requirements of the Human
        Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS
        1428.2
(b)     Applicants should be aware that a “Disability Standard on Access to premises” is currently
        being developed and most likely will impose changes on the Building Code of Australia
(c)     Any services and facilities in the building complex should allow independent, dignified and
        equitable use of the services and facilities for all people.
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.


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9       PRELIMINARY APPROVAL OVERRIDING PLANNING 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
If 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
1 October 2009               Original Decision Notice
17 September 2010            Change to Existing Approval


Yours faithfully




Glen Conforti
Planning Technical Officer


Enc       Appeal Rights
          Approved Plans

#




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                                                 Appeal Rights
                                                SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                REGULATION 2009




The following is an extract from the Sustainable Planning Act 2009 (Chapter 6).

466     Appeals about decisions relating to permissible changes
(1)     For a development approval given for a development application, the following persons may appeal to the
        court against a decision on a request to make a permissible change to the approval—
        (a)       if the responsible entity for making the change is the assessment manager for the application—
                  (i)        the person who made the request; or
                  (ii)       an entity that gave a notice under section 373 or a pre-request response notice about the
                             request;
        (b)       if the responsible entity for making the change is a concurrence agency for the application—the
                  person who made the request.
(2)     The appeal must be started within 20 business days after the day the person is given notice of the decision
        on the request under section 376.
(3)     Also, a person who has made a request under section 369 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.




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