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SUPERSEDED SPA Decision Notice - 010.2010.00000871.001 [As Published] · 132010.871
Officer: Jack Lewis
Direct Telephone: (07) 5449 5183
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2010/871
Your Reference: 090961T
12 November 2010
Tess Aust Pty Ltd
CARE KHA Development Managers
PO Box 6380
MAROOCHYDORE BC QLD 4558
Dear Sir
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 12 November 2010 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2010/871
Street address: 2 Kareela Avenue NOOSA HEADS
Real property description: Lot 1 N21830
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use - Multiple Housing Type 2 - Duplex
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
Planning Assessment
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and as
amended by these conditions.
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2010/871
Plan / Document No. Issue. Plan / Document Name Date
0907 -DA100 A Site Plan - Teeland Architects May 2010
0907 -DA101 A Ground Floor Plan - Teeland Architects May 2010
0907 -DA102 A Upper Floor Plan - Teeland Architects May 2010
0907 –DA201 A North Elevation - Teeland Architects May 2010
0907 –DA202 A South Elevation - Teeland Architects May 2010
0907 –DA203 A East Elevation - Teeland Architects May 2010
0907 –DA204 A West Elevation - Teeland Architects May 2010
General
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 developer must obtain all of the other Development Permits referred to in the Decision
Notice, prior to obtaining a Development Permit for Building Works.
Security Bond
4. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 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.
5. 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.
Relevant Period
6. The Development Permit for a material change of use lapses if the use has not happened by
12 November 2014, unless an application to extend the relevant period is approved by
Council.
Built Form
7. The development shall not exceed a maximum height of 8 metres above natural or finished
ground level.
8. A verification survey of the building 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.
9. Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like,
thus remaining as open structures.
Landscaping
10. 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.
11. The landscape plans required to be submitted are to denote areas of existing vegetation or
existing trees proposed or required to be retained and shall include:
11.1. The retention of four macadamia trees along the Kareela Avenue frontage;
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11.2. The retention of two Pandanus and two Cabbage Palms within the Pandanus Street
Frontage.
11.3. Native screening vegetation provided within garden beds with a minimum of 500mm
width along the southern boundary. Note that this will require the relocation of the bin
storage areas and may affect the vehicle manoeuvring areas;
11.4. Removal and revegetation of the redundant driveway to the Pandanus Street frontage
of the site.
12. Vehicular pavements within the drip zone of any of the existing trees on site to be retained
must be designed as a pervious pavement (such as grass paving cells or similar), as this will
allow water that falls on this surface to penetrate to the trees root system. The pavement must
be constructed so as not to damage the tree or their root system and in this regard temporary
fencing must be provided around the trees during construction to help protect them.
Plans must be submitted to the Council for approval that clearly show the type and extent of
the pervious pavement and the temporary fencing prior to obtaining a Development Permit for
Operational Works.
13. Where retained trees are located in areas which are to be filled on site (or are located on
neighbouring allotments to the actual site to be filled), there shall be no fill material placed on
the trees root system. To this end the design of the filling works will need to incorporate
terracing around the tree or a similar means of ensuring that the natural ground level around
the trees remains generally the same as existing. These measures must clearly be shown on
the plans submitted for Operational Works approval and any drainage required to drain these
areas must also be shown on the plans.
14. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
14.1. 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;
14.2. Disposal for firewood;
14.3. Disposal for landscaping purposes;
14.4. 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; and
14.5. The disposal method for clearing works is to be submitted in conjunction with an
application for a Development Permit for Operational Work. The Applicant is advised
that other methods may be considered provided full details of the method are submitted.
Fencing
15. Front fences and walls are to be setback an average of 1 metre, which is articulated to provide
visual interest by stepping the design at maximum 5m intervals. The area of land between the
fence and the front property boundary shall be densely landscaped to screen any fencing from
the street.
Waste Management
16. Where the development involves the removal, relocation or demolition of a building, a Waste
Management Plan (construction and demolition) shall be submitted and approved by Council’s
Waste Management Section prior to issue of a development permit for operational works for
demolition, removal or relocation of any building other than a shed.
Waste Management Plans (construction and demolition) are required to be submitted in
accordance with Planning Scheme Policy 11, Waste Management Plans see table below.
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Waste storage areas are to provide for adequate separation of all reusable, recyclable and
waste materials. These shall be located so that they are convenient and safe to use. (Refer to
the Waste Management Code of the Noosa Plan)
The Plan shall contain the following information:
The site area for the storage and separation of waste is to be shown on the plan
drawings accompanying the application.
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
Expected waste Estimated On-site Off-site *specify contractor
materials volume(m³) *specify proposed *specify and landfill site or
re-use or on-site contractor and other disposal site
recycling methods recycling outlet
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Asbestos
Other - please
specify
Note * If a demolition contractor is undertaking works, then the Waste Management table is to
be completed by the demolition contractor.
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 some items are free.
Higher gate fees are charged for loads of mixed waste.
17. 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.
Noise Nuisance
18. Noise emission from mechanical equipment shall comply with the following requirements:
18.1. Air-conditioning and Refrigeration
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
18.2. Pumps
7am to 7pm: Maximum background + 5dB(A)
7pm to 10pm: Maximum background + 3dB(A)
10pm to 7am: No audible noise.
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19. Written certification from a suitably qualified person shall be submitted to Council confirming
that the noise levels from all mechanical equipment 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.
The assessment and certification is required immediately after installation of the equipment
and prior to any occupation of the building, and in a format approved by Council. All
equipment should be operating at the same time to test the overall noise level created.
Advice: It is highly recommended that the person you engage to certify the installation is
involved at the plan development stage so they can recommend where this equipment is best
located. They can also advise about noise enclosures and can make other suggestions to
avoid noise problems. It is a lot more costly to try and deal with noise problems after
everything is built.
20. Noise from residential building works shall comply with the following –
20.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
20.2. All reasonable measures are taken to minimise noise emissions.
20.3. Not permitted on Sunday or public holidays.
Infrastructure Contributions
21. The applicant must pay contributions towards trunk infrastructure in accordance with the
following Planning Scheme Policies and Council Policies:
(a) Planning Scheme Policy 12 – Public Open Space Contributions;
(b) Planning Scheme Policy 13 – Contributions in Lieu of Off Street Parking;
(c) Planning Scheme Policy 16 – Sewerage Headworks Contributions;
(d) Planning Scheme Policy 17 – Water Supply Headworks Contributions;
(e) Planning Scheme Policy 20 – Pathway Trunk Network Contributions;
(f) Council Policy – Rural Roadworks Contributions;
(g) Council Policy – Master Drainage Contributions.
For material change of use of premises approvals the contributions must be paid prior to the
commencement of use, for reconfiguring a lot approval contributions must be paid prior to
Council approval of the plan of subdivision.
The actual amount of the contribution must be calculated and paid in accordance with the
Planning Scheme Policies and variations due to indexation current at the time of payment.
Operational Works Assessment
Vehicle Access
22. A vehicular access driveway to serve the development must be constructed from the Kareela
Avenue frontage of the site with a maximum width of 3.0m at the property boundary.
23. The driveway must be designed and constructed to Council’s design standards and to grades
that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians
movements along the footpath without any step or level difference. Should any driveways be
constructed to grades that do not comply with AS/NZS 2890.1-2004, Council will require that
the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath must be avoided, as it is preferred
to have the footpath continue at a constant grade to minimise the potential for pedestrians to
trip or fall.
24. 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 must comply with
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the minimum sight line requirements as defined in AS 2890.1, section 3.2.4. The applicant
must demonstrate compliance by illustrating these sight lines on the plans submitted for both
Operational Works approval and Building Works approval.
25. All vehicles must enter and leave the site in a forward direction.
Car Parking
26. Carparking must be provided within the site generally as shown on drawing number DA101 A
dated May 2010 by Teeland Architects, except as modified herein.
27. The carparking area must be designed to comply with the provisions of AS/NZS 2890.1-2004
for user class 1A with allowance for vehicles to enter the carspaces in a forward gear, reverse
out and leave the site in a forward gear in a maximum of three movements and with a
minimum head clearance (headroom) at any point of 2.2m. The necessary vehicle
manoeuvring paths must not encroach over any proposed landscaped areas.
28. All carparking must be kept and maintained in a condition fit for use.
Frontage Works
29. Footpath improvements such as topsoiling, grassing, and tree planting are required to the
Pandanus Street and Kareela Avenue frontages of the site in accordance with Planning
Scheme Policy PSP03 Landscaping Plants & Guidelines. Grass must be couch, free of
weeds.
30. A new 1.5m wide concrete path must be constructed from the end of the existing path in
Pandanus Street extending along the Kareela Avenue frontage of the site. The path must be in
accordance with Council’s design standards and to an alignment that protects any significant
vegetation or any underground services
31. A pram ramp must be installed at the intersection of Pandanus Street and Kareela Avenue
where needed to direct pedestrians across the road.
32. All paths, pram ramps, driveways and parking areas must 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.
33. All redundant vehicular crossings and access driveways servicing the site must be removed
and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses.
The works must in accordance with Council’s Standard specifications and must be completed
prior to commencement of the use permitted by this permit.
Roof Water & Stormwater Drainage
34. Roof runoff from any new dwelling must be directed to a rainwater storage system or tank that
is installed to ensure water from the rainwater storage system or tank is used for external uses
(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. 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 must be
part of the plumbing application for approval. The location and capacity of the tanks must be
clearly shown on the plans submitted for Building Works and Operational Works approval and
any overflow must be directed to Council’s drainage systems in Pandanus Street and Kareela
Avenue.
35. All stormwater drainage (including roof water overflow from the rainwater storage system)
must be collected and discharged so there is no net increase in stormwater runoff from the
site. Stormwater drainage permitted to drain from the site must be discharged in the following
manner:
35.1. Stormwater runoff from the buildings must be discharged into Council’s drainage
systems in Pandanus Street and Kareela Avenue via gravity or charged lines; and
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35.2. Stormwater runoff from the yard and driveway areas must be treated within the site and
discharged in a controlled manner as overland flow into the National Park. The
discharge must mimic existing drainage patterns and not cause scour or damage to the
National Park or the subject site.
Plans of the drainage design must be prepared by a Registered Professional Civil
Engineer and submitted to Council prior to obtaining a Development Permit for
Operational Works.
The maximum discharge of stormwater drainage allowable to Council’s kerb & channel
street drainage system at any one location is 25 litres/second
36. To ensure that polluted run-off does not enter Council’s stormwater drainage system or the
adjoining National Park, stormwater run-off from the carparking areas and the driveways must
have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil
arrestor/gross pollutant trap provided on site prior to being permitted to discharge from the
site.
To this end, a detailed maintenance plan must be prepared for the proposed grease/oil
arrestors/gross pollutant trap, which must be submitted to the Council for approval prior to
obtaining a Development Permit for Operational Works.
The approved maintenance plan must be incorporated in the Community Management
Scheme for the development and a copy of this must be provided for Council’s records prior to
commencement of the approved Use.
A Development Permit for Building Works must not be granted until a Development Permit for
Operational Works has been issued in regard to the drainage scheme.
37. All site stormwater drainage must be by means of a gravity system.
Earthworks
38. Earthworks required on site must be carried out in accordance with Council’s Planning
Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any natural
watercourses.
39. Earthworks carried out on site must not affect the structural integrity of any of the existing
fences and/or structures and/or lands that border the development site. Fences that are
affected must be replaced prior to the Building Certifier issuing the Certificate of Classification.
In this regard any fences to be replaced must be clearly shown on the plans submitted for
Operational Works approval.
Site Stability
40. A Geotechnical Engineer or similar qualified expert must 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. The
recommendations of this report must be incorporated into the design and construction of the
proposed development.
Erosion and Sediment Control
41. Any person acting on this permit must 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. In this regard plans detailing the methods of
controlling erosion and sediment are required to be submitted to the Council prior to obtaining
a Development Permit for Operational Works.
42. A suitably qualified Registered Professional Engineer must prepare engineering drawings and
specifications for all engineering works that will become Council infrastructure, which must be
submitted in conjunction with an application for a Development Permit for Operational Works.
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In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be
submitted in conjunction with any application for Operational Works.
43. Digital detailed designs including drawings, calculations, specifications and a schedule of
works, must be submitted with any application for a Development Permit for Operational
Works in respect of roadworks and stormwater drainage works. The design must be in
accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards –
Roads, Drainage and Earthworks. To avoid conflict with underground pipes or services, all
existing and proposed services required by the development must be shown on the plans.
44. To facilitate production of As Constructed drawings it is suggested that all design drawings are
submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the
use of ADAC are available at www.adac.com.au).
45. A construction management plan/strategy to ensure no damage occurs to Council services or
roads must be prepared by a suitably qualified Registered Professional Engineer and
submitted to Council in conjunction with any application for Operational Works.
46. Any damage caused to any public utility during the course of construction must be repaired to
Council’s standards and at no cost to Council.
47. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site must be at no cost to Council.
48. 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 materials either to or
from the site must be covered to prevent materials including dust being windblown from the
vehicle.
49. As Constructed drawings and data must be certified by a qualified experienced Civil Engineer
for design intent, and a Licensed Surveyor must certify the cadastre and the location, level and
type of all services and structures. All of which must be submitted to Council for checking and
for Council’s records.
The data must fully detail levels for all engineering works including but not limited to drainage
structures, finished ground levels and pavement surface levels. The data must be submitted
in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of
ADAC are available at www.adac.com.au).
Approval of works must not be granted until all As Constructed information has been supplied
and accepted by Council.
Unitywater
Town Water & Sewerage
50. Separate 25mm PE water services must be installed to a common lot boundary with
independent meters installed outside the boundary of the lot in accordance with Unitywater
Standard Drawing SCW 361.
51. Water meters must be located on alternative boundaries to electrical pillars.
52. Buildings and other structures must maintain a minimum clearance of 1.0 metre from the
nearest part of Unitywater sewer mains, and 1.0 metre from the sewer inspection opening.
53. Storm water retention systems and gross pollutant traps must maintain a minimum clearance
of 1.5 metres from Unitywater water supply and sewerage infrastructure.
54. Proposed tree plantings must maintain a minimum horizontal clearance of 1.0 metre from
Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants
within these clearances must be low growing when mature and suitable approved varieties.
55. A 2.0 metre wide sewer easement, measured from the property boundary, must be provided
over Unitywater sewers located within the development site. Buildings and structures including
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roof or balcony overhang must remain clear of the easement and a minimum of 1.0 metre
clear of the barrel of the sewer pipe.
56. Written approval to enter and construct on the road reserve must be provided from Sunshine
Coast Regional Council. This must be submitted with lodgment of the associated development
application for Operational Works.
57. A Unitywater deed of indemnity must be completed by the property owners. It must be signed
by all property owners and the signed original submitted to Unitywater with lodgement of the
Operational Works application.
58. Details of building and deck footings located within 1.5 metres of the sewer pipe must be
submitted with lodgement of the Operational Works application. Drawings must show footings
extending below the zone of influence of the sewer.
59. Operational Works plans must comply with Unitywater design standards including;
59.1. Additional fill provided over the sewer to ensure a minimum 450mm cover over the top
of the sewer pipe.
59.2. Sewer pipe class to be uPVC PN12.
59.3. Provision of a150mm diameter stub out of MH 6/1 to cater for future upstream mains
relocation.
59.4. Survey accurate levels of downstream invert of existing MH3/1 and level of existing pipe
at the proposed location of MH 7/1.
59.5. Details of the proposed retaining wall including foundations extending below the zone of
influence of the sewer.
60. Construction works undertaken in the vicinity of Unitywater water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs associated
with repair, replacement or alteration of infrastructure must be met by the applicant
5 REFERRAL AGENCY CONDITIONS
Reason for Referral Type Referral Agency Agency Address
Referral
Land in or near a Advice Department of Ecoaccess Customer Service Unit
conservation Environment and PO Box 15155
estate Resource Management CITY EAST QLD 4002
A copy of any referral agency conditions is attached.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Approved Plans
Plan / Document No. Issue. Plan / Document Name Date
0907 -DA100 A Site Plan - Teeland Architects May 2010
0907 -DA101 A Ground Floor Plan - Teeland Architects May 2010
0907 -DA102 A Upper Floor Plan - Teeland Architects May 2010
0907 –DA201 A North Elevation - Teeland Architects May 2010
0907 –DA202 A South Elevation - Teeland Architects May 2010
0907 –DA203 A East Elevation - Teeland Architects May 2010
0907 –DA204 A West Elevation - Teeland Architects May 2010
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7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. 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.
2. The development should be undertaken in a manner that causes no detrimental effect upon
the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-
borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other
emissions in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
3. 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.
4. The applicant is advised that a Compliance Permit for all plumbing and drainage works within
the boundaries of the development site shall be obtained from Council’s Plumbing Services
Section prior to obtaining a Development Permit for Building Works.
Unitywater
5. Connection to Unitywater live water mains and the Unitywater live sewer system must be
undertaken by Unitywater at the applicants cost
6. A 100mm diameter watermain is located within the road boundary fronting the development
site in Kareela Avenue. Construction works, heavy traffic crossing the main, excessive
vibration and excavation close to the main may cause damage to the pipe. Extreme care is
required when working close to this infrastructure. All costs associated with repair,
replacement or alteration of infrastructure must be met by the applicant
Infrastructure Contributions and Infrastructure Charge
7. An advice notice outlining the estimated infrastructure contributions payable and the basis for
their calculation under the current Planning Scheme Policies and Council Policies is attached
with this Development Permit.
8. For properties located in the catchment area for the Coastal Major Road Network
Infrastructure Charges Plan, this development permit may trigger an Infrastructure Charge to
be issued in accordance with the Infrastructure Charges Plan and Chapter 5 of the
Sustainable Planning Act 2009.
9. Please contact Council's Infrastructure Charges Officer (email:
[email protected]) a minimum of 5 business days prior to payment of the
infrastructure contributions and/or charge notice so a payment advice detailing the amounts
applicable at the time of payment may be issued to accompany the payment.
10. Payment of infrastructure contributions and/or infrastructure charge notices will not be
accepted by credit card transaction.
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
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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.
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 Operational Works Access & Carparking
Stormwater Drainage
Frontage Works
Landscaping
Erosion & Sediment Control
Development Permit for Building Works All Building Works
11 SELF ASSESSABLE CODES
Not applicable.
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12 SUBMISSIONS
There were no properly made submissions about the application.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
1. The development represents a reduction in intensity from the existing multiple dwelling use on
the site;
2. The proposed built form is similar to that of a detached house that could be built on the site,
with the rear dwelling unit substantially screened from the street;
3. The design will maintain a high level of visual and residential amenity in the area; and
4. The development will not have an undue impact on the residential amenity of the area, which
includes a mixture of existing multiple dwelling uses.
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.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part 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 commence again from the start the day after you receive a “negotiated decision
notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing
decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act
2009.)
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,
Kerri Coyle
Coordinator Planning Applications - North
Enc: Appeal Rights
Referral Agency Response
Approved Plans/Documents
Infrastructure Contributions Advice Notice
c.c DERM
GPO Box 2454
BRISBANE QLD 4001
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2010/871
Referral Agency Conditions
SUNSTAINABLE PLANNING ACT 2009 & SUSTAINABLE
PLANNING REGULATION 2009
Page 13 of 19
Page 14
2010/871 Page 14 of 19 [OCR of page images] 2010/871 Page 14 of 19
Page 15
2010/871 Page 15 of 19 [OCR of page images] 2010/871 Notice Advice Agency Response ¢ The applicant is to provide a report prepared and certified by an appropriately qualified professional demonstrating to the satisfaction of the assessment manager that there will be no adverse impacts on the ecological values and functioning of the conservation estate * Development maintains, conserves and enhances the current extent and connectivity within and between conservation estate areas The Assessment Manager should ensure that there is a sufficient buffer distance between any proposed works and the conservation estate boundary in order to maintain the ecological functioning and integrity of the conservation estate. Buffer distances should be maximised in order to maintain existing biodiversity values, habitat connectivity and to avoid edge effects. The buffer may also assist in ensuring that stormwater and wastewater from the development site can be appropriately managed to avoid adverse impacts on the conservation estate. Revegetation of the buffer is recommended using native species representative of the pre-clearing regional ecosystem, with preference given to endemic species. Plants should be of local provenance where possible. A Rehabilitation’ Revegetation Management Plan should stipulate a weed management strategy including weed control and a maintenance program over a minimum one year period. Conditioning of any approval with building or development envelope(s) may also be a useful way to give formal effect to any required buffer area. Neighbours to conservation estate have a responsibility to keep dwellings and other infrastructure near Queensland Parks and Wildlife Service (Q@WS) managed lands in a condition that minimises fire risk, and to appropriately ameliorate light and noise issues. Consultation with QPWS officers is recommended to ensure management objectives of the conservation estate including fire management, emergency service access and pest controls are met. A QPWS ‘Good Neighbour Policy’ may be of assistance and is available on the web at: http//www.derm.qid.gov.au/services_resources/item_details.php?item_id=201188 General information for assessment managers The State's Native Title Work Procedures provide that responsibility for assessment of native title issues for an IDAS application rests with the assessment manager. Therefore, DERM as a referral agency for the relevant application has not provided notification to native title parties. Additional information for applicants It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes aware of a Notifiable Activity (as defined in Schedule 3 and Schedule 4 of the Environmental Protection Act 1994) is being carried out on the land, or that the land has been, or is being, contaminated by a hazardous contaminant, the owner or occupier must, within 22 business days after becoming so aware, give written notice to the Department of Environment and Resource Management. Aboriginal Cultural Heritage Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the "cultural heritage duty of care"). Maximum penalties for breaching the duty of care are $750,000 for a corporation and $75,000 for an individual. Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003, available on the DERM website, or in accordance with an agreement with the Aboriginal party for the area or a cultural heritage management plan approved under part 7 of the Aboriginal Cultural Heritage Act 2003. Page 2 of 3+ 091217 Department of Environment and Resource Management Page 15 of 19
Page 16
2010/871 Page 16 of 19 [OCR of page images] 2010/871 Notice Advice Agency Response Applicants are also encouraged to undertake a search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultural Heritage Register, administered by the Culturaf Heritage Coordination Unit, DERM. Application forms to undertake a free search of the Cultural Heritage Register and the Database may be obtained by contacting the Cultural Heritage Coordination Unit on (07) 3239 3647 or on the DERM website www.derm.gid.gov.aurcultural heritage Delegate Enquiries: Simon Stirrat Lauren Tooker Delegate for the Chief Executive administering the Coastal Planning and Assessment SEQ Protection and Management Act 1995, Environmental GPO Box 2771, BRISBANE QLD 4001 Protection Act 1994, Nature Conservation Act 1992. Telephone: (07) 3896 3365 Department of Environment and Resource Management Email: [email protected] 30 July 2010 Page 3 of 3+ 091217 Department of Environment and Resource Management Page 16 of 19
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2010/871
Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable (i) a condition of, or lack of condition
Planning Act 2009 (Chapter 6). for, the approval; or
(ii) the length of a period mentioned in
MATERIAL CHANGE OF USE, RECONFIGURING A section 341 for the approval.
LOT & OPERATIONAL WORKS
(3) However, a submitter may not appeal if the
Division 8 - Appeals to court relating to submitter—
development applications
(a) withdraws the submission before the
461 Appeals by applicants application is decided; or
(1) An applicant for a development application (b) has given the assessment manager a
may appeal to the court against any of the notice under section 339(1)(b)(ii).
following-
(4) The appeal must be started within 20
(a) the refusal, or the refusal in part, of a business days (the submitter’s appeal
development application; period) after the decision notice or
(b) any condition of a development approval, negotiated decision notice is given to the
another matter stated in a development submitter.
approval and the identification or inclusion 463 Additional and extended appeal rights for
of a code under section 242 submitters for particular development
(c) the decision to give a preliminary applications
approval when a development permit was (1) This section applies to a development
applied for; application to which chapter 9, part 7
(d) the length of a period mentioned in applies.
section 341;; (2) A submitter of a properly made submission
(e) a deemed refusal of the development for the application may appeal to the court
application. about a referral agency’s response made by
(2) An appeal under subsection (1)(a), (b), (c) or a prescribed concurrence agency for the
(d) must be started within 20 business days application.
(the applicant’s appeal period) after— (3) However, the submitter may only appeal
against a referral agency’s response to the
(a) if a decision notice or negotiated decision
extent it relates to—
notice is given—the day the decision
notice or negotiated decision notice is (a) if the prescribed concurrence agency is
given to the applicant; or the chief executive (environment)—
(b) otherwise—the day a decision notice was development for an aquacultural ERA; or
required to be given to the applicant. (b) if the prescribed concurrence agency is
(3) An appeal under subsection (1)(e) may be the chief executive (fisheries)—
started at any time after the last day a development that is—
decision on the matter should have been (i) a material change of use of
made. premises for aquaculture; or
462 Appeals by submitters - general (ii) operational work that is the removal,
damage or destruction of a marine
(1) A submitter for a development application
plant
may appeal to the court only against-
(4) Despite section 462(1), the submitter may
(a) the part of the approval relating to the appeal against the following matters for the
assessment manager’s decision about application even if the matters relate to code
any part of the application requiring assessment—
impact assessment under section 314; or
(a) a decision about a matter mentioned in
(b) the part of the approval relating to the section 462(2) if it is a decision of the
assessment manager’s decision under chief executive (fisheries);
section 327.
(b) a referral agency’s response mentioned in
(2) To the extent an appeal may be made under
subsection (2).
subsection (1), the appeal may be against 1
or more of the following— 464 Appeals by advice agency submitters
(a) the giving of a development approval; (1) Subsection (2) applies if an advice agency, in
its response for an application, told the
(b) any provision of the approval including— assessment manager to treat the response
as a properly made submission.
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2010/871
(2) The advice agency may, within the limits of its (4) An appeal under subsection (3) may be
jurisdiction, appeal to the court about— started at any time after the last day the
(a) any part of the approval relating to the decision on the matter should have been
assessment manager’s decision about made.
any part of the application requiring 467 Appeals about changing or cancelling
impact assessment under section 314; or conditions imposed by assessment
(b) any part of the approval relating to the manager or concurrence agency
assessment manager’s decision under (1) A person to whom a notice under section
section 327 378(9)(b) giving a decision to change or
(3) The appeal must be started within 20 cancel a condition of a development approval
business days after the day the decision has been given may appeal to the court
notice or negotiated decision notice is given against the decision in the notice.
to the advice agency as a submitter. (2) The appeal must be started within 20
(4) However, if the advice agency has given the business days after the day the notice of the
assessment manager a notice under section decision is given to the person.
339(1)(b)(ii), the advice agency may not For Building Works Only
appeal the decision. 532 Appeals by applicants
465 Appeals about decisions relating to (1) If—
extensions for approvals
(a) a person has been given, or is entitled to
(1) For a development approval given for a be given—
development application, a person to whom a
notice is given under section 389, other than (i) an information notice under the
a notice for a decision under section 386(2), Building Act about a decision
may appeal to the court against the decision other than a decision under
in the notice. that Act made by the
Queensland Building Services
(2) The appeal must be started within 20 Authority; or
business days after the day the notice of the
decision is given to the person. (ii) an information notice under the
Plumbing and Drainage Act
(3) Also, a person who has made a request 2002 about a decision under
under section 383 may appeal to the court part 4 or 5 of that Act; or
against a deemed refusal of the request
(b) a person—
(4) An appeal under subsection (3) may be
started at any time after the last day the (i) was an applicant for a building
decision on the matter should have been development approval; and r
made. (ii) is dissatisfied with a decision
under the Building Act by a
466 Appeals about decisions relating to
building certifier or referral
permissible changes)
agency about inspection of
(1) For a development approval given for a building work the subject of the
development application, the following approval; the person may
persons may appeal to the court against a appeal against the decision to
decision on a request to make a permissible a building and development
change to the approval— committee.
(a) if the responsible entity for making the (2) An appeal under subsection (1) must be
change is the assessment manager for started within 20 business days after the day
the application— the person is given notice of the decision.
(i) the person who made the request; (3) If—
or (a) under the Building Act, a person makes
(ii) an entity that gave a notice under an application other than a building
section 373 or a pre-request development application to a local
response notice about the request government; and
(b) if the responsible entity for making the (b) the period required under that Act for the
change is a concurrence agency for the local government to decide the
application—the person who made the application (the decision period) has
request.. passed; and
(2) The appeal must be started within 20 (c) the local government has not decided
business days after the day the person is the application; the person may appeal
given notice of the decision on the request to a building and development
under section 376. committee against the lack of the
(3) Also, a person who has made a request decision and for the committee to decide
under section 369 may appeal to the court the application as if it were the local
against a deemed refusal of the request. government.
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2010/871
(4) An appeal under subsection (3) must be
started within 20 business days after the end
of the decision period..
Page 19 of 19
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