ECM_16004986_v3_Change Existing Approval - 132003 220660 4 - 23182 DA 1 1-7 Bayview Rd Noosa Heads - Extension to Cu · 132003.220660.5

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4    CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

Land Use
1.     Development undertaken in accordance with this approval must generally comply with
       the approved plans of development. The approved plans are numbered A-1A, A-2A, A-
       3A, A4, A5, A6, prepared by Domain Ramsey Group Pty Ltd and titled Site Survey
       prepared by Noosa Mapping & Surveys Pty Ltd and dated 22 Feb 2002 and as may be
       amended by these conditions. To this end, the Pavillion at the Ground Floor Level and
       the deck at the upper floor level are to be setback a minimum of 6m from the property
       boundary to the north west.
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.     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.
4.     Security in the form of a cash bond or trading bank guarantee to the sum of $10000 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.
6.     The Development Permit for a Material Change of Use of Premises lapses if the use has
       not happened by 31 December 2012, unless an application to extend the relevant period
       is approved by Council.
7.     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.

Land Development
Vehicle Access
8.     The location of the existing 6.5 metre common vehicular access driveway connected to
       Bayview Road and shared with Lot 2 SP 116707 and the existing 3.5 metre vehicle
       access driveway to serve Lot 1 SP 116707 as detailed on Drawing Number 02037-Site
       Revision A are suitable for the proposed development.
       The Applicant shall confirm that the driveway grades comply with Council’s design
       standards and to grades that prevent vehicles from scraping and/or bottoming. Should
       any driveways be constructed to grades that do not comply with AS2890.1-1993 and
       AS2890.2-1989, Council will require that the driveway be removed and reconstructed to
       levels that do comply.
       The Applicant shall demonstrate that the existing driveway complies by submitting a
       longitudinal section of the existing driveway and proposed garage floor level at a scale of
       1:20 or 1:50 in conjunction with the Operation Works Permit (Access).
9.     All vehicles shall enter and leave the site in a forward direction.




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Construction Vehicle Access
10.    Park Road has to be used to enter this area, and it is subject to a 9 tonne load limit. The
       Shire Engineer has approved the use of Upper Bayview road for the delivery of
       specialised items of equipment that are essential to the work to proceed and which
       exceed 9 tonnes load limit. This envisages an excavator and concrete pump truck but
       does not include the routine delivery of construction materials including concrete, nor
       does it include spoil removal. The Applicant will need to apply for approval for each
       specialised item.
Carparking
11.    A minimum of three (3) covered carpark spaces shall be provided on site.
12.    The carparking area shall be designed to comply with the provisions of AS 2890.1-1993
       for user class 1 with a minimum head clearance (headroom) at any point of 2.2m.
13.    All carparking shall be kept, maintained and line-marked in a condition fit for use.
Roadworks Contributions
14.    A roadworks contribution of $2,672 towards the Coastal Major Road Network shall be
       paid to the Council prior to obtaining a Development Permit for Operational W orks. This
       amount will be subject to variations in the Price Index, All Groups Brisbane from March
       2003 until the date of payment.
Stormwater Drainage
15.    Roof and surface water is to be collected on site and is to be discharged into the existing
       inter allotment discharge pipe located adjacent to southern property boundary.
16.    All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
17.    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.
Town Water Supply
18.    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.
Service Easements
19.    A minimum setback of 2.1 metres shall be maintained from the private sewer in
       accordance with the requirements of the Building Units and Group Titles Act, 1980.
Earthworks
20.    A Registered Professional Engineer Queensland shall certify all retaining wall and deep
       footing designs and certify that he or she has supervised all engineering works an that all
       works have been completed in accordance with the relevant Australian Standards and
       the Morrison Geotechnic report dated 7th April 2003 and best engineering practice.
21.    The site will require the design of a soil retaining system by a Structural Engineer.
       Clearance shall be obtained from Council’s Manager of Building as part of the process of
       obtaining a Development Permit for Building works.




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22.    A Geotechnical engineer must be on site to supervise and direct all excavations works
       and foundation constructions (i.e. Level 1 supervision in accordance with AS 3798-1996).
       Such work shall only be carried out during dry weather conditions. Should any risk of
       sand movement occur - all work shall be suspended until steps (approved by the
       Geotechnical Engineer in conjunction with Council’s Manager Building Services) have
       been taken to ensure that no further slippage will result.
23.    Filling works required on site shall be carried out in accordance with Section 3.8 of
       Council’s Engineering Design Standards Manual and so as not to cause the ponding of
       water on any adjoining lands or the blockage of, or interference with, any natural
       watercourses.
       This will require the design and construction of drainage pipes within the development
       site that cater for drainage within the adjoining sites and in this regard a Development
       Permit for Operational Works shall be obtained.
Erosion and Sediment Control
24.    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.
       In this regard plans detailing the methods of controlling erosion and sediment are
       required to be submitted to the Council for approval prior to obtaining a Development
       Permit for Operational Works.
       Please note that prior to the commencement of any work on site all site control measures
       shall be installed and the approved plan adhered to.
General
25.    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.
26.    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.
27.    The transportation of all materials to and from the site shall be undertaken in a manner
       such that no particle matter escapes onto a public road. All vehicles carrying materials
       either to or from the site shall be covered to prevent materials including dust being
       windblown from the vehicle.

5     REFERRAL AGENCY CONDITIONS

Not Applicable

6     APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the
assessment manager conditions.

7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:




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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).
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.

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.

8     PROPERTY NOTES

Not Applicable

9     PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

10 FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required          Subject of the required Development Permit

 Building                                     Dwelling
 Operational Works                            Car Parking & Access, Stormwater Drainage,
                                              Earthworks, Sediment & Erosion Control




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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 of which are
available on line at www.sunshinecoast.qld.gov.au, or at Council offices.

 Decision Notice History
 2 May 2003 -              Original Decision Notice.
 27 February 2007 -        Compiled Decision Notice with amendment to Condition
                           6.
 16 June 2009 -            Approved Change with amendment to Condition 6.
 14 February 2011          Approved Change with amendment to Condition 6.


Yours faithfully




DENIS WALLACE
SENIOR DEVELOPMENT PLANNER


Encl.    Appeal Rights




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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 7)

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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