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Decision Letter - Change to an Existing Approval - 010.2006.00001015.002 [As Published] · 142006.1015.02

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                                             Officer:            Ronald Read
                                             Direct Telephone:   (07) 5449 5263
                                             Response Address:   PO Box 141, Tewantin QLD 4565
                                             Email:              [email protected]
                                             Our Reference:      2006/1015
                                             Your Reference:
17 November 2008

Jones Flint & Pike Pty Ltd
PO Box 6
MAROOCHYDORE QLD 4558




Dear Sir/Madam

                       Change to an Existing Approval
                                  Integrated Planning Act 1997

I refer to your request to make a change to an existing approval. On 17 November 2008 Council
decided your requested changes.
Details of the decision with the consolidated conditions are as follows:

1     APPLICATION DETAILS

 Application No:                 2006/1015
 Street address:                 35 Walter Hay Drive NOOSAVILLE
 Real property description:      LOT: 2 SP: 162077
 Planning Scheme:                The Noosa Plan

2     DECISION DETAILS
Council on 14 December 2006 decided to issue the following type of approval:-
   Development Permit - Operational Works - Earthworks, Roadworks, Stormwater, Water &
       Sewerage
In relation to your request to extend the currency period for the above development approval,
Council on 17 November 2008 decided to:
A.      Extend the currency period until 19 December 2009
B.      Issue a Change to an Existing Approval

3     RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.




                                                                                        Page 1 of 16


[OCR of page images]
Officer: Ronald Read

Direct Telephone: (07) 5449 5263

Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]

Our Reference: 2006/1015
Your Reference:

17 November 2008

Jones Flint & Pike Pty Ltd
PO Box 6
MAROOCHYDORE QLD 4558

Dear Sir/Madam

Change to an Existing Approval
Integrated Planning Act 1997

| refer to your request to make a change to an existing approval. On 17 November 2008 Council
decided your requested changes.

Details of the decision with the consolidated conditions are as follows:

1 APPLICATION DETAILS

Application No: 2006/1015

Street address: 35 Walter Hay Drive NOOSAVILLE
Real property description: LOT: 2 SP: 162077

Planning Scheme: The Noosa Plan

2 DECISION DETAILS

Council on 14 December 2006 decided to issue the following type of approval:-

e Development Permit - Operational Works - Earthworks, Roadworks, Stormwater, Water &
Sewerage

In relation to your request to extend the currency period for the above development approval,
Council on 17 November 2008 decided to:

A. Extend the currency period until 19 December 2009
B. Issue a Change to an Existing Approval

3 RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Approval is identified in the Assessment Manager
conditions.

Page 1 of 16
Full text of the other 15 pages

Page 2

                                                                                2006/1015


4    ASSESSMENT MANAGER CONDITIONS

1.    The development shall be carried out in accordance with Engineering drawings Nos.
          M1717-GO1-A          dated 28 February 2006       By JF&P Consulting Engineers
          M1717-LO1-F          dated 7 December 2006        By JF&P Consulting Engineers
          M1717-LO2-D          dated 7 December 2006        By JF&P Consulting Engineers
          M1717-LO3-B          dated 20 June 2006           By JF&P Consulting Engineers
          M1717-LO4-F          dated 7 December 2006        By JF&P Consulting Engineers
          M1717-LO5-B          dated 20 June 2006           By JF&P Consulting Engineers
          M1717-RO1-F          dated 7 December 2006        By JF&P Consulting Engineers
          M1717-RO2-D          dated 3 October 2006         By JF&P Consulting Engineers
          M1717-RO3-B          dated 7 June 2006            By JF&P Consulting Engineers
          M1717-RO4-A          dated 28 February 2006       By JF&P Consulting Engineers
          M1717-RO5-A          dated 28 February 2006       By JF&P Consulting Engineers
          M1717-RO6-A          dated 28 February 2006       By JF&P Consulting Engineers
          M1717-RO7-A          dated 28 February 2006       By JF&P Consulting Engineers
          M1717-RO8-A          dated 28 February 2006       By JF&P Consulting Engineers
          M1717-RO9-A          dated 28 February 2006       By JF&P Consulting Engineers
          M1717-RO10-A         dated 28 February 2006       By JF&P Consulting Engineers
          M1717-RO11-B         dated 3 October 2006         By JF&P Consulting Engineers
          M1717-RO12-F         dated 7 December 2006        By JF&P Consulting Engineers
          M1717-RO13-A         dated 28 February 2006       By JF&P Consulting Engineers
          M1717-RO14-B         dated 3 October 2006         By JF&P Consulting Engineers
          M1717-DO1-B          dated 3 October 2006         By JF&P Consulting Engineers
          M1717-DO2-D          dated 3 October 2006         By JF&P Consulting Engineers
          M1717-DO3-B          dated 20 July 2006           By JF&P Consulting Engineers
          M1717-DO4-A          dated 28 February 2006       By JF&P Consulting Engineers
          M1717-DO5-B          dated 3 October 2006         By JF&P Consulting Engineers
          M1717-DO6-A          dated 28 February 2006       By JF&P Consulting Engineers
          M1717-DO7-A          dated 28 February 2006       By JF&P Consulting Engineers
          M1717-DO8-D          dated 3 October 2006         By JF&P Consulting Engineers
          M1717-EO1-E          dated 7 December 2006        By JF&P Consulting Engineers
          M1717-EO2-B          dated 20 June 2006           By JF&P Consulting Engineers
      or as modified herein.




                                                                              Page 2 of 16


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2006/1015

 

4
1.

ASSESSMENT MANAGER CONDITIONS

The development shall be carried out in accordance with Engineering drawings Nos.

M1717-GO1-A
M1717-L01-F
M1717-LO2-D
M1717-LO3-B
M1717-LO4-F
M1717-LO5-B
M1717-RO1-F
M1717-RO2-D
M1717-RO3-B
M1717-RO4-A
M1717-RO5-A
M1717-RO6-A
M1717-RO7-A
M1717-RO8-A
M1717-RO9-A
M1717-RO10-A
M1717-RO11-B
M1717-RO12-F
M1717-RO13-A
M1717-RO14-B
M1717-D01-B
M1717-DO2-D
M1717-DO3-B
M1717-DO4-A
M1717-DO5-B
M1717-DO6-A
M1717-DO7-A
M1717-DO8-D
M1717-EO1-E
M1717-EO2-B
or as modified herein.

dated 28 February 2006
dated 7 December 2006
dated 7 December 2006
dated 20 June 2006
dated 7 December 2006
dated 20 June 2006
dated 7 December 2006
dated 3 October 2006
dated 7 June 2006
dated 28 February 2006
dated 28 February 2006
dated 28 February 2006
dated 28 February 2006
dated 28 February 2006
dated 28 February 2006
dated 28 February 2006
dated 3 October 2006
dated 7 December 2006
dated 28 February 2006
dated 3 October 2006
dated 3 October 2006
dated 3 October 2006
dated 20 July 2006
dated 28 February 2006
dated 3 October 2006
dated 28 February 2006
dated 28 February 2006
dated 3 October 2006
dated 7 December 2006
dated 20 June 2006

By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers
By JF&P Consulting Engineers

Page 2 of 16

Page 3

                                                                                         2006/1015

2.    Stormwater drainage for the car parking areas at the front of the development must drain via a
      pipe system to a grease/oil arrestor prior to discharging into Council’s drainage system. An
      engineering drawing must be submitted to Council prior to the pre start meeting.
3.    Prior to the commencement of construction works a Traffic Management Plan shall be
      submitted to Council for approval. This document shall contain information of truck movements
      to and from the site. These movements are not to disrupt the general traffic using Walter Hay
      Drive.
4.    All waste management shall be in accordance with Council’s Environment Health Section’s
      approved Waste Management Plan for the development.
5.    Works shall be undertaken in accordance with the approved Environmental Management Plan
      prepared JF&P Consulting Engineers and dated 7th August 2006.
6.    Stormwater works shall be undertaken in accordance with the approved Stormwater Infiltration
      System Maintenance Plan dated 16 August 2006 and the approved Site Based Stormwater
      Management plan dated 16 August 2006 and both prepared by JF&P Consulting Engineers.
7.    The applicant shall submit certification from a RPEQ that the proposed stormwater system will
      achieve a level of treatment equal to or above the standard of the design as detailed in the
      approved Drainage Design plan no 0379 SK 05B dated October 2005 and prepared by Greg
      Gibbs Architects.
8.    Exclusion construction fencing shall be installed prior to the pre-start meeting. This fencing
      shall designate any areas where no construction shall take place and shall ensure protection
      of any retained vegetation on the site. This fence shall be a minimum of star picket
      construction with two strand wire and orange tape to ensure it is clearly visible.
9.    Erosion and sediment control measures shall be installed prior to works commencing on the
      site.
10.   There shall be one entry/exit point to the site for construction vehicles and this entry point shall
      have a vehicle wash-down bay installed prior to the pre-start meeting. No vehicles shall exit
      the site without passing through the wash-down bay to ensure sediments do not leave the site.
11.   Erosion and sediment control measures shall generally be designed in accordance with the
      Institute of Engineers, Australia – Soil Erosion and Sediment Control Manual for Construction
      Sites 1996 at a minimum and any improvements or additional requirements shall be installed
      as needed on site or as directed by Council staff.
12.   A footpath 2.5 metres wide shall be constructed across the frontage of the development from
      the pedestrian refuge in Water Hay Drive to the north boundary of the property. The footpath
      shall have a slip resistant surface. The alignment, of which, shall be determined on site with
      Council’s Construction Technical Officer. The expansion joints in any bikeway/footpath shall
      be “sawcut” not trowel jointed.
13.   The total required pavement thickness shall be based on the Department of Transport’s
      Pavement Design Manual using soaked CBR tests of the subgrade.
      The design pavement thickness, together with CBR test results shall be submitted to Council’s
      Manager - Land Development for approval prior to placement of pavement material.
14.   Suitable sediment control devices ("in pit” pollution control devices) shall be temporarily
      installed into the first existing external downstream stormwater structure.
      These devices are to be checked and cleaned on a regular basis and specifically after each
      rain event.

      These devices are to remain in place during the civil works and construction phases of the
      development.

                                                                                       Page 3 of 16


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2006/1015

 

10.

11.

12.

13.

14.

Stormwater drainage for the car parking areas at the front of the development must drain via a
pipe system to a grease/oil arrestor prior to discharging into Council’s drainage system. An
engineering drawing must be submitted to Council prior to the pre start meeting.

Prior to the commencement of construction works a Traffic Management Plan shall be
submitted to Council for approval. This document shall contain information of truck movements
to and from the site. These movements are not to disrupt the general traffic using Walter Hay
Drive.

All waste management shall be in accordance with Council’s Environment Health Section’s
approved Waste Management Plan for the development.

Works shall be undertaken in accordance with the approved Environmental Management Plan
prepared JF&P Consulting Engineers and dated 7th August 2006.

Stormwater works shall be undertaken in accordance with the approved Stormwater Infiltration
System Maintenance Plan dated 16 August 2006 and the approved Site Based Stormwater
Management plan dated 16 August 2006 and both prepared by JF&P Consulting Engineers.

The applicant shall submit certification from a RPEQ that the proposed stormwater system will
achieve a level of treatment equal to or above the standard of the design as detailed in the
approved Drainage Design plan no 0379 SK 05B dated October 2005 and prepared by Greg
Gibbs Architects.

Exclusion construction fencing shall be installed prior to the pre-start meeting. This fencing
shall designate any areas where no construction shall take place and shall ensure protection
of any retained vegetation on the site. This fence shall be a minimum of star picket
construction with two strand wire and orange tape to ensure it is clearly visible.

Erosion and sediment control measures shall be installed prior to works commencing on the
site.

There shall be one entry/exit point to the site for construction vehicles and this entry point shall
have a vehicle wash-down bay installed prior to the pre-start meeting. No vehicles shall exit
the site without passing through the wash-down bay to ensure sediments do not leave the site.

Erosion and sediment control measures shall generally be designed in accordance with the
Institute of Engineers, Australia — Soil Erosion and Sediment Control Manual for Construction
Sites 1996 at a minimum and any improvements or additional requirements shall be installed
as needed on site or as directed by Council staff.

A footpath 2.5 metres wide shall be constructed across the frontage of the development from
the pedestrian refuge in Water Hay Drive to the north boundary of the property. The footpath
shall have a slip resistant surface. The alignment, of which, shall be determined on site with
Council's Construction Technical Officer. The expansion joints in any bikeway/footpath shall
be “sawcut” not trowel jointed.

The total required pavement thickness shall be based on the Department of Transport’s
Pavement Design Manual using soaked CBR tests of the subgrade.

The design pavement thickness, together with CBR test results shall be submitted to Council's
Manager - Land Development for approval prior to placement of pavement material.

Suitable sediment control devices ("in pit” pollution control devices) shall be temporarily
installed into the first existing external downstream stormwater structure.

These devices are to be checked and cleaned on a regular basis and specifically after each
rain event.

These devices are to remain in place during the civil works and construction phases of the
development.

Page 3 of 16

Page 4

                                                                                        2006/1015

      The location and type of device to be installed shall be established at the “pre start” meeting
      with Council’s Construction Technical Officer and shall be installed prior to the
      commencement of any works.
15.   Council’s Construction Technical Officer (ph 0410 512 505), shall be given seven (7) days’
      notice of intention to commence works to arrange a “pre start” meeting regarding the civil
      works.
16.   The principal contractor must have all the appropriate insurance and public liability
      documentation to carry out the works. The principal contractor is also responsible to ensure
      that any sub contractors also have the appropriate insurance and public liability
      documentation.
17.   Prior to the “pre start” meeting, the principal contractor must be provided with a copy
      of Council’s signed approved drawings and conditions by the applicant.
18.   The Consulting Engineers for the project shall be currently Registered Professional Engineers
      of Queensland (RPEQ). The consulting engineers are responsible for arranging all
      inspections, with Council’s Construction Technical Officer or nominated staff. Council’s
      Construction Technical Officer shall provide an inspection form for signing off by the Engineer
      at appropriate stages of construction, during on-site meetings. Construction Technical Officer
      will also sign the form at each stage when conditions required have been satisfied. The works
      will be accepted “On Maintenance” after this form, signed by the inspector for each stage is
      complete, together with a letter from the Engineer requesting that the works go “On
      Maintenance”.
19.   Prior to works commencing, Council is to be advised of the Engineer (RPEQ) supervising the
      project. (This person will be the contact for the project).
20.   Council standards shall apply to these works unless otherwise modified herein.
21.   The person acting on this permit shall ensure that its consultants and contractors take all
      reasonable care during the construction of the engineering works to ensure that Council
      property, road pavements or facilities (such as underground drainage, water supply,
      sewerage, footpaths, kerbing, landscaping, street furniture etc.) are protected against any
      damage or interference whatsoever.
      If any Council property or facilities should be damaged by the Applicant or any of its
      Consultants or Contractors through any cause whatsoever in the course of, directly or
      indirectly, carrying out the engineering works, the Applicant and/or its Contractors shall
      forthwith notify the Manager-Land Development and shall forthwith rectify the damage to that
      property or facility at its cost and to the satisfaction of the Manager-Land Development, prior to
      the commencement of the use or, alternatively, the Applicant may request the Council to carry
      out the rectification work at the Applicant’s cost, such cost being paid by the Applicant to the
      Council prior to the commencement of the use, provided that in the case of emergency the
      Council shall be entitled to rectify such damage at the cost of the Applicant, such cost being
      paid prior to the commencement of the use.
      A management strategy to ensure no damage occurs to Council services shall be given to
      Council for assessment prior to the pre start meeting.




                                                                                      Page 4 of 16


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2006/1015

 

15.

16.

17.

18.

19.

20.
21.

The location and type of device to be installed shall be established at the “pre start” meeting
with Council’s Construction Technical Officer and shall be installed prior to the
commencement of any works.

Council's Construction Technical Officer (ph 0410 512 505), shall be given seven (7) days’
notice of intention to commence works to arrange a “pre start” meeting regarding the civil
works.

The principal contractor must have all the appropriate insurance and public liability
documentation to carry out the works. The principal contractor is also responsible to ensure
that any sub contractors also have the appropriate insurance and public liability
documentation.

Prior to the “pre start” meeting, the principal contractor must be provided with a copy
of Council’s signed approved drawings and conditions by the applicant.

The Consulting Engineers for the project shall be currently Registered Professional Engineers
of Queensland (RPEQ). The consulting engineers are responsible for arranging all
inspections, with Council’s Construction Technical Officer or nominated staff. Council's
Construction Technical Officer shall provide an inspection form for signing off by the Engineer
at appropriate stages of construction, during on-site meetings. Construction Technical Officer
will also sign the form at each stage when conditions required have been satisfied. The works
will be accepted “On Maintenance” after this form, signed by the inspector for each stage is
complete, together with a letter from the Engineer requesting that the works go “On
Maintenance’.

Prior to works commencing, Council is to be advised of the Engineer (RPEQ) supervising the
project. (This person will be the contact for the project).

Council standards shall apply to these works unless otherwise modified herein.

The person acting on this permit shall ensure that its consultants and contractors take all
reasonable care during the construction of the engineering works to ensure that Council
property, road pavements or facilities (such as underground drainage, water supply,
sewerage, footpaths, kerbing, landscaping, street furniture etc.) are protected against any
damage or interference whatsoever.

If any Council property or facilities should be damaged by the Applicant or any of its
Consultants or Contractors through any cause whatsoever in the course of, directly or
indirectly, carrying out the engineering works, the Applicant and/or its Contractors shall
forthwith notify the Manager-Land Development and shall forthwith rectify the damage to that
property or facility at its cost and to the satisfaction of the Manager-Land Development, prior to
the commencement of the use or, alternatively, the Applicant may request the Council to carry
out the rectification work at the Applicant’s cost, such cost being paid by the Applicant to the
Council prior to the commencement of the use, provided that in the case of emergency the
Council shall be entitled to rectify such damage at the cost of the Applicant, such cost being
paid prior to the commencement of the use.

A management strategy to ensure no damage occurs to Council services shall be given to
Council for assessment prior to the pre start meeting.

Page 4 of 16

Page 5

                                                                                        2006/1015

22.   The development of the site shall be carried out in such a manner as to prevent dust and/or
      sand nuisance to residents and/or tenants in the vicinity of the development.
23.   Construction work and other associated activities are permitted only during the hours of 7.00
      am and 6.00 pm Monday to Saturday. No work is permitted on Sundays or public holidays,
      except where extended hours are approved by the Manager-Land Development or his
      nominee.
24.   All signage, including that for safety during construction shall be in accordance with the
      Manual of Uniform Traffic Control Devices and Traffic Infrastructure (Roads) Act.
25.   Safe pedestrian access on Walter Hay Drive shall be maintained at all times. Should footpath /
      road closures be necessary to carry out construction works, Council’s Construction Technical
      Officer (ph 0410 512 505) must be notified prior to the proposed closure.
26.   Sediment and erosion control measures must be in place prior to works commencing. If such
      measures are not in place or are not satisfactory, “on the spot “fines may be issued. Such
      fines can be issued if sediments from the site are found to enter or have the potential to enter
      Council’s stormwater system or natural waterways. Although the sediment and erosion control
      measures have been approved on drawings Nos. M1717-E01E, E02B by JF&P Consulting
      Engineers, Council’s Manager – Land Development may request further controls to be
      installed should approved measures be inefficient.
27.   The owners of the subject property shall maintain the grease/oil arrestor pits/gross pollutant
      traps in accordance with the manufacturers specifications.
28.   The owners of the subject property shall inspect the grease/oil arrestor pits/gross pollutant
      traps on a weekly basis and after each storm event.
      The owners of the subject property shall enter into an ongoing maintenance contract with a
      Registered Contractor to clean and maintain the grease/oil arrestor pits/gross pollutant traps
      on a regular three monthly cycle and on a “On Call” basis in the case of an emergency.
      The management and maintenance of the grease/oil arrestor pits/gross pollutant traps shall be
      included in the Community Management Scheme for the completed development.
29.   All stormwater drainage lines, that discharge directly into Council’s drainage system, including
      private drainage lines (also known as inter-allotment drainage lines) or as otherwise approved
      by Council’s Manager of Land Development shall be inspected by closed circuit television
      (CCTV) at the completion of all works and immediately prior to acceptance ‘On Maintenance’.
      Council’s Construction Technical Officer shall be advised of the timing of this inspection.
      A report of the CCTV inspection, including photographic records (which includes photos &
      video recordings burnt onto a CD) of the inspection shall be submitted to the Council for
      approval. Any defects or substandard works shall be recorded and accurately illustrated on
      the drainage plan showing the location of the defect(s).
      Substandard work will not be accepted ‘On Maintenance’ and must be rectified at the
      applicants expense with a further CCTV inspection arranged once the rectification works have
      been completed.
      To this extent all CCTV inspections, including any additional inspections necessary following
      defect identification and rectification, shall be entirely at the applicant’s expense. Any costs
      incurred by Council in reviewing the CCTV inspection results shall also be borne by the
      applicant.
30.   Prior to acceptance of civil works to become Council assets "On Maintenance", the lodgement
      of satisfactory “As Constructed” records shall be submitted to Council.
      As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer
      (RPEQ) for design intent, and a Licensed Surveyor shall certify the cadastre and the location,
      level and type of all services and structures. All of which shall be submitted to Council for
      checking and for Council’s records.
                                                                                      Page 5 of 16


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2006/1015

 

22.

23.

24.

25.

26.

27.

28.

29.

30.

The development of the site shall be carried out in such a manner as to prevent dust and/or
sand nuisance to residents and/or tenants in the vicinity of the development.

Construction work and other associated activities are permitted only during the hours of 7.00
am and 6.00 pm Monday to Saturday. No work is permitted on Sundays or public holidays,
except where extended hours are approved by the Manager-Land Development or his
nominee.

All signage, including that for safety during construction shall be in accordance with the
Manual of Uniform Traffic Control Devices and Traffic Infrastructure (Roads) Act.

Safe pedestrian access on Walter Hay Drive shall be maintained at all times. Should footpath /
road closures be necessary to carry out construction works, Council’s Construction Technical
Officer (ph 0410 512 505) must be notified prior to the proposed closure.

Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot “fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system or natural waterways. Although the sediment and erosion control
measures have been approved on drawings Nos. M1717-E01E, E02B by JF&P Consulting
Engineers, Council’s Manager — Land Development may request further controls to be
installed should approved measures be inefficient.

The owners of the subject property shall maintain the grease/oil arrestor pits/gross pollutant
traps in accordance with the manufacturers specifications.

The owners of the subject property shall inspect the grease/oil arrestor pits/gross pollutant
traps on a weekly basis and after each storm event.

The owners of the subject property shall enter into an ongoing maintenance contract with a
Registered Contractor to clean and maintain the grease/oil arrestor pits/gross pollutant traps
on a regular three monthly cycle and on a “On Call” basis in the case of an emergency.

The management and maintenance of the grease/oil arrestor pits/gross pollutant traps shall be
included in the Community Management Scheme for the completed development.

All stormwater drainage lines, that discharge directly into Council’s drainage system, including
private drainage lines (also known as inter-allotment drainage lines) or as otherwise approved
by Council’s Manager of Land Development shall be inspected by closed circuit television
(CCTV) at the completion of all works and immediately prior to acceptance ‘On Maintenance’.
Council's Construction Technical Officer shall be advised of the timing of this inspection.

A report of the CCTV inspection, including photographic records (which includes photos &
video recordings burnt onto a CD) of the inspection shall be submitted to the Council for
approval. Any defects or substandard works shall be recorded and accurately illustrated on
the drainage plan showing the location of the defect(s).

Substandard work will not be accepted ‘On Maintenance’ and must be rectified at the
applicants expense with a further CCTV inspection arranged once the rectification works have
been completed.

To this extent all CCTV inspections, including any additional inspections necessary following
defect identification and rectification, shall be entirely at the applicant’s expense. Any costs
incurred by Council in reviewing the CCTV inspection results shall also be borne by the
applicant.

Prior to acceptance of civil works to become Council assets "On Maintenance", the lodgement
of satisfactory “As Constructed” records shall be submitted to Council.

As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer
(RPEQ) for design intent, and a Licensed Surveyor shall certify the cadastre and the location,
level and type of all services and structures. All of which shall be submitted to Council for
checking and for Council’s records.

Page 5 of 16

Page 6

                                                                                          2006/1015

      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 shall 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) and Council’s Planning Scheme Policy 5 – Engineering
      Design Standards – Roads, Drainage and Earthworks.
      Approval of works shall not be granted until all As Constructed information has been supplied
      and accepted by Council.
31.   A 5% cost of works to become Council assets or $1,500 bond (whichever is the greater) will
      be imposed on construction works during the maintenance period, which is a minimum period
      of 12 months duration. Such bond must be lodged by, and shall only be accepted from the
      Developer for the works.
32.   The works to become Council assets will not be accepted "On Maintenance" until the
      landscaping is completed.
33.   These works are also to be in compliance with the relevant conditions of Development Permit
      No. 2004 / 5744.
34.   Pursuant to Section 3.5.21(5) of the Integrated Planning Act 1997, the Relevant Period is two
      (2) years from the day this permit takes effect during which time all conditions must have been
      complied with and the Plan of Survey lodged with the Council for endorsement.
35.   Notwithstanding that Council has checked the plans with due care, where it is found during
      construction that variations from Council's standards exist, then Council standards shall apply
Water & Sewerage
The water & sewerage plans listed below comply with Noosa Shire Council Planning Scheme Policy
No.6:

Water
M1717-W01 D - Water Reticulation Layout Plan - Sheet 1
M1717-W02 B - Water Reticulation Layout Plan - Sheet 2

Sewerage
M1717-S01 D - Sewer Layout Plan - Sheet 1
M1717-S02 B - Sewer Layout Plan - Sheet 2
M1717-S03 B - Sewer Longitudinal Sections - Sheet 1
M1717-S04 C - Sewer Longitudinal Sections - Sheet 2
M1717-S05 B - Sewer Longitudinal Sections - Sheet 3

This Advice Notice is issued subject to and conditional upon the relevant Approved Development
Permit having been granted to the applicant.


Special Condition

A Compliance Permit for Plumbing Works must be obtained from Council’s Plumbing
Department prior to commencement of works.


1.    A copy of the job specification is to be provided to Council’s Inspector within seven (7) days of the
      date of this Decision Notice, and prior to commencement of works.
2.    The names of any proposed contractors for works are to be submitted in writing, together with
      copies of current Public Liability and Workers Compensation Insurances together with certificates
      of currency for those policies, for consideration by the Assessment Manager seven (7) days prior
      to pre-start meetings and commencement of works.
                                                                                        Page 6 of 16


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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 shall 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) and Council’s Planning Scheme Policy 5 — Engineering
Design Standards — Roads, Drainage and Earthworks.

Approval of works shall not be granted until all As Constructed information has been supplied
and accepted by Council.

31. A5% cost of works to become Council assets or $1,500 bond (whichever is the greater) will
be imposed on construction works during the maintenance period, which is a minimum period
of 12 months duration. Such bond must be lodged by, and shall only be accepted from the
Developer for the works.

32. The works to become Council assets will not be accepted "On Maintenance" until the
landscaping is completed.

33. | These works are also to be in compliance with the relevant conditions of Development Permit
No. 2004 / 5744.

34. Pursuant to Section 3.5.21(5) of the Integrated Planning Act 1997, the Relevant Period is two
(2) years from the day this permit takes effect during which time all conditions must have been
complied with and the Plan of Survey lodged with the Council for endorsement.

35. Notwithstanding that Council has checked the plans with due care, where it is found during
construction that variations from Council's standards exist, then Council standards shall apply

Water & Sewerage
The water & sewerage plans listed below comply with Noosa Shire Council Planning Scheme Policy
No.6:

Water
M1717-W01 D - Water Reticulation Layout Plan - Sheet 1
M1717-W02 B - Water Reticulation Layout Plan - Sheet 2

 

Sewerage

M1717-S01 D - Sewer Layout Plan - Sheet 1
M1717-S02 B - Sewer Layout Plan - Sheet 2
M1717-S03 B - Sewer Longitudinal Sections - Sheet 1
M1717-S04 C - Sewer Longitudinal Sections - Sheet 2
M1717-S05 B - Sewer Longitudinal Sections - Sheet 3

This Advice Notice is issued subject to and conditional upon the relevant Approved Development
Permit having been granted to the applicant.

 

Special Condition

A Compliance Permit for Plumbing Works must be obtained from Council’s Plumbing
Department prior to commencement of works.

 

1. A copy of the job specification is to be provided to Council’s Inspector within seven (7) days of the
date of this Decision Notice, and prior to commencement of works.

2. The names of any proposed contractors for works are to be submitted in writing, together with
copies of current Public Liability and Workers Compensation Insurances together with certificates
of currency for those policies, for consideration by the Assessment Manager seven (7) days prior
to pre-start meetings and commencement of works.

Page 6 of 16

Page 7

                                                                                          2006/1015

      A separate letter will then be issued approving the contractor (or otherwise) for the works. No
      other contractor or subcontractor shall be engaged to carry out the works or any part of the works
      without the written approval of the Assessment Manager.
3.    Council’s Water & Sewerage Inspector shall be given (7) days notice of intention to commence
      works. A pre-start meeting shall be arranged prior to commencement of works by contacting
      Council’s Water & Sewerage Inspector, Mr Trevor Mourilyan, Ph. 0417 780 830. Inspector is only
      available for pre-start meetings, inspections and testing etc. between the hours of 6:30am to
      4:00pm, Monday to Friday. Inspector will not be available outside these hours unless prior
      approval is obtained from the Water & Sewerage Capital Works Manager with any costs incurred
      by Council outside the hours nominated above, met by the Contractor/Developer. These costs
      will be in addition to normal inspection fees.
4.    Notwithstanding that Council has checked the plans with due care, where it is found during
      construction that variations exist with Council's standards, Council standards shall apply.
5.    It is the responsibility of the applicant to ensure that its consultants and contractors take all
      reasonable care during the construction of the engineering works to ensure that Council property
      or facilities (such as underground drainage, water supply and sewerage) are protected against
      any damage or interference whatsoever.
      If any Council property or facilities should be damaged by the applicant or any of its consultants or
      contractors through any cause whatsoever in the course of, directly or indirectly, carrying out the
      engineering works, the applicant and/or its contractors shall forthwith notify the Assessment
      Manager and shall forthwith rectify the damage to that property or facility at its cost to the
      satisfaction of the Assessment Manager prior to the sealing of the survey plan and/or acceptance
      of the works on-maintenance. Alternatively, the applicant may request the Council to carry out
      the rectification work at the applicant's cost, such cost being paid by the applicant to the Council
      prior to the sealing of the survey plan and/or acceptance of the works 'on maintenance' provided
      that in the case of emergency, the Council shall be entitled to rectify such damage at the cost of
      the applicant such cost being paid prior to the sealing of the survey plan and/or acceptance of the
      work 'on maintenance'.
6.    The Contractor shall make all necessary arrangements for supply of water required for
      construction works. The use of hydrant standpipes on Council mains will NOT be permitted.
      Contractors should contact Council’s Water Section on phone 5449 5254 to obtain an application
      form for issue of a key to access Council’s water tanker filling stations. Conditions of access and
      location of filling stations are detailed on the application form.
7.    All connections to existing live water mains are to be carried out by Noosa Council at completion
      of construction of internal works.
8.    All sewerage reticulation mains are to be inspected by closed circuit television (CCTV) prior to
      acceptance 'on maintenance'.
      CCTV inspection will be carried out by Council's CCTV contractor and arranged by Council
      following satisfactory completion of construction works. The developer will be responsible for
      the full cost of CCTV inspection, including any additional inspection necessary following defect
      identification and rectification . This charge is payable prior to commencement of works and
      will be determined on the unit rate basis current at the time of approval.
9.    Bi-directional blue fire hydrant raised reflective markers are to be installed as per Noosa Shire
      Council requirements (Stimsonite Aust. Pty Ltd, Part No. 911AB or approved equivalent).
10.   Bi-directional yellow valve raised reflective markers are to be installed as per Noosa Shire Council
      requirements (Stimsonite Aust. Pty Ltd, Part No. 911AY or approved equivalent).
11.   All signage, including that for safety during construction shall be in accordance with the Manual of
      Uniform Traffic Control Devices and Main Roads Department Roadworks Signing Guide.


                                                                                        Page 7 of 16


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2006/1015

 

10.

11.

A separate letter will then be issued approving the contractor (or otherwise) for the works. No
other contractor or subcontractor shall be engaged to carry out the works or any part of the works
without the written approval of the Assessment Manager.

Council's Water & Sewerage Inspector shall be given (7) days notice of intention to commence
works. A pre-start meeting shall be arranged prior to commencement of works by contacting
Council's Water & Sewerage Inspector, Mr Trevor Mourilyan, Ph. 0417 780 830. Inspector is only
available for pre-start meetings, inspections and testing etc. between the hours of 6:30am to
4:00pm, Monday to Friday. Inspector will not be available outside these hours unless prior
approval is obtained from the Water & Sewerage Capital Works Manager with any costs incurred
by Council outside the hours nominated above, met by the Contractor/Developer. These costs
will be in addition to normal inspection fees.

Notwithstanding that Council has checked the plans with due care, where it is found during
construction that variations exist with Council's standards, Council standards shall apply.

It is the responsibility of the applicant to ensure that its consultants and contractors take all
reasonable care during the construction of the engineering works to ensure that Council property
or facilities (such as underground drainage, water supply and sewerage) are protected against
any damage or interference whatsoever.

If any Council property or facilities should be damaged by the applicant or any of its consultants or
contractors through any cause whatsoever in the course of, directly or indirectly, carrying out the
engineering works, the applicant and/or its contractors shall forthwith notify the Assessment
Manager and shall forthwith rectify the damage to that property or facility at its cost to the
satisfaction of the Assessment Manager prior to the sealing of the survey plan and/or acceptance
of the works on-maintenance. Alternatively, the applicant may request the Council to carry out
the rectification work at the applicant's cost, such cost being paid by the applicant to the Council
prior to the sealing of the survey plan and/or acceptance of the works ‘on maintenance’ provided
that in the case of emergency, the Council shall be entitled to rectify such damage at the cost of
the applicant such cost being paid prior to the sealing of the survey plan and/or acceptance of the
work 'on maintenance’.

The Contractor shall make all necessary arrangements for supply of water required for
construction works. The use of hydrant standpipes on Council mains will NOT be permitted.
Contractors should contact Council's Water Section on phone 5449 5254 to obtain an application
form for issue of a key to access Council’s water tanker filling stations. Conditions of access and
location of filling stations are detailed on the application form.

All connections to existing live water mains are to be carried out by Noosa Council at completion
of construction of internal works.

All sewerage reticulation mains are to be inspected by closed circuit television (CCTV) prior to
acceptance 'on maintenance’.

CCTV inspection will be carried out by Council's CCTV contractor and arranged by Council
following satisfactory completion of construction works. The developer will be responsible for
the full cost of CCTV inspection, including any additional inspection necessary following defect
identification and rectification . This charge is payable prior to commencement of works and
will be determined on the unit rate basis current at the time of approval.

Bi-directional blue fire hydrant raised reflective markers are to be installed as per Noosa Shire
Council requirements (Stimsonite Aust. Pty Ltd, Part No. 911AB or approved equivalent).

Bi-directional yellow valve raised reflective markers are to be installed as per Noosa Shire Council
requirements (Stimsonite Aust. Pty Ltd, Part No. 911AY or approved equivalent).

All signage, including that for safety during construction shall be in accordance with the Manual of
Uniform Traffic Control Devices and Main Roads Department Roadworks Signing Guide.

Page 7 of 16

Page 8

                                                                                        2006/1015

12.   As Constructed drawings in both hardcopy and digital format (ADAC) produced in GDA94 Zone
      56 coordinate value to the standards and requirements of the Assessment Manager are required
      for Council records. Such 'as constructed' drawings will be required prior to works being accepted
      "on maintenance", where applicable. Requirements for "as constructed" information are detailed
      in the current version of Council's Engineering Design Standards (Water & Sewerage) Manual.
      Release of plans of survey and/or acceptance of the works on-maintenance will not be
      considered until lodgement of satisfactory 'as constructed' records.
      Please note that bonding of outstanding works will not be considered by Council.
13.   Your company, as Consulting Engineers for the project, is responsible for arranging all
      inspections and ensuring that all relevant details required by Council are supplied. The attached
      Water and Sewerage Inspection Report form is to be kept by you and presented to Council's
      Inspector at each stage of the development requiring a meeting or inspection. The Inspector will
      sign the form at each stage when conditions have been satisfied. The works will be accepted 'on
      maintenance' when this form, signed by the Inspector for each stage, is returned with a letter
      requesting that it go 'on maintenance'.
14.   Construction work and other associated activities are permitted only during the hours of 7:00am
      and 6:00pm Monday to Saturday. No work is permitted on Sundays or public holidays, except
      where extended hours are approved by the Assessment Manager or his nominee.
15.   Cut-ins to existing live sewer are to be performed by Approved Contractor. Noosa Council Works
      Inspector shall be present during any work on live sewer undertaken by contractor. An additional
      fee of $140.00 (included below) is required to cover costs associated with these live sewer works.
16.   Fees applicable to the above project are listed below:-
      Plan Examination                             $ 14,700.00
      Inspection Fee                               $ 14,700.00
      Checking as-constructed data                 $    120.00
      CCTV fee                                     $ 6,805.00
      Live sewer inspection                        $    140.00
      BALANCE                                      $ 36,465.00       (PAID 15.05.06 - RN. 183314)
17.   Approval of these plans has been taken as a Notice of intention to commence works on the
      development.
18.   Council will provide all fittings and valves for the cut-in to the existing water supply as well as
      labour to perform the cut-in. The Developer shall bear the actual cost of this work, and payment
      shall be made before the cut-in is done.
19.   All water connection fees are to be paid prior to the pre-start meeting.
      The water main must be commissioned prior to installing the water services and water meters.
      The water service tappings on the new water main/s within the development must be undertaken
      by an approved subcontractor under direct Council supervision. Tappings on water mains not
      constructed as part of the development works are to be carried out by Noosa Shire Council at
      developer’s cost.




                                                                                      Page 8 of 16


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2006/1015

 

12.

13.

14.

15.

16.

17.

18.

19.

As Constructed drawings in both hardcopy and digital format (ADAC) produced in GDA94 Zone
56 coordinate value to the standards and requirements of the Assessment Manager are required
for Council records. Such 'as constructed’ drawings will be required prior to works being accepted
"on maintenance", where applicable. Requirements for "as constructed" information are detailed
in the current version of Council's Engineering Design Standards (Water & Sewerage) Manual.

Release of plans of survey and/or acceptance of the works on-maintenance will not be
considered until lodgement of satisfactory 'as constructed’ records.

Please note that bonding of outstanding works will not be considered by Council.

Your company, as Consulting Engineers for the project, is responsible for arranging all
inspections and ensuring that all relevant details required by Council are supplied. The attached
Water and Sewerage Inspection Report form is to be kept by you and presented to Council's
Inspector at each stage of the development requiring a meeting or inspection. The Inspector will
sign the form at each stage when conditions have been satisfied. The works will be accepted 'on
maintenance’ when this form, signed by the Inspector for each stage, is returned with a letter
requesting that it go ‘on maintenance’.

Construction work and other associated activities are permitted only during the hours of 7:00am
and 6:00pm Monday to Saturday. No work is permitted on Sundays or public holidays, except
where extended hours are approved by the Assessment Manager or his nominee.

Cut-ins to existing live sewer are to be performed by Approved Contractor. Noosa Council Works
Inspector shall be present during any work on live sewer undertaken by contractor. An additional
fee of $140.00 (included below) is required to cover costs associated with these live sewer works.

Fees applicable to the above project are listed below:-

Plan Examination $ 14,700.00
Inspection Fee $ 14,700.00
Checking as-constructed data $ 120.00
CCTV fee $ 6,805.00
Live sewer inspection $ 140.00
BALANCE $ 36,465.00 (PAID 15.05.06 - RN. 183314)

Approval of these plans has been taken as a Notice of intention to commence works on the
development.

Council will provide all fittings and valves for the cut-in to the existing water supply as well as
labour to perform the cut-in. The Developer shall bear the actual cost of this work, and payment
shall be made before the cut-in is done.

All water connection fees are to be paid prior to the pre-start meeting.
The water main must be commissioned prior to installing the water services and water meters.

The water service tappings on the new water main/s within the development must be undertaken
by an approved subcontractor under direct Council supervision. Tappings on water mains not
constructed as part of the development works are to be carried out by Noosa Shire Council at
developer's cost.

Page 8 of 16

Page 9

                                                                                        2006/1015


5.      REFERRAL AGENCY CONDITIONS

The referral agencies applicable to this application are:

 Referral Trigger            Referral Status    Referral Agency         Referral Address

 Acid Sulphate Soils         Concurrence        Department of Natural   PO Box 573 NAMBOUR
                                                Resources, Mines        QLD 4560
                                                and Water

A copy of any referral agency conditions is attached.

6.      APPROVED PLANS
The approved plans for this development approval are listed in the following table:
 Plan No.                    Rev.   Plan Name                                Date
 M1717-GO1-A                        Operational Works - Earthworks,          28 February 2006
 M1717-LO1-F                        Roadworks, Stormwater, Water &           7 December 2006
 M1717-LO2-D                        Sewerage    by  JF&P   Consulting        7 December 2006
 M1717-LO3-B                        Engineers.                               20 June 2006
 M1717-LO4-F                                                                 7 December 2006
 M1717-LO5-B                                                                 20 June 2006
 M1717-RO1-F                                                                 7 December 2006
 M1717-RO2-D                                                                 3 October 2006
 M1717-RO3-B                                                                 7 June 2006
 M1717-RO4-A                                                                 28 February 2006
 M1717-RO5-A                                                                 28 February 2006
 M1717-RO6-A                                                                 28 February 2006
 M1717-RO7-A                                                                 28 February 2006
 M1717-RO8-A                                                                 28 February 2006
 M1717-RO9-A                                                                 28 February 2006
 M1717-RO10-A                                                                28 February 2006
 M1717-RO11-B                                                                3 October 2006
 M1717-RO12              -                                                   7 December 2006
 M1717RO13-A -F                                                              28 February 2006
 M1717-RO14-B                                                                3 October 2006
 M1717-DO1-B                                                                 3 October 2006
 M1717-DO2-D                                                                 3 October 2006
 M1717-DO3-B                                                                 20 July 2006
 M1717-DO4-A                                                                 28 February 2006
 M1717-DO5-B                                                                 3 October 2006
 M1717-DO6-A                                                                 28 February 2006
 M1717-DO7-A                                                                 28 February 2006
 M1717-DO8-D                                                                 3 October 2006
 M1717-EO1-E                                                                 7 December 2006
 M1717-EO2-B                                                                 20 June 2006

 or as modified herein




                                                                                      Page 9 of 16


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2006/1015

 

oe REFERRAL AGENCY CONDITIONS

The referral agencies applicable to this application are:

Referral Trigger Referral Status Referral Agency Referral Address

Acid Sulphate Soils PO Box 573 NAMBOUR

QLD 4560

Concurrence Department of Natural

Resources, Mines
and Water

A copy of any referral agency conditions is attached.
6. APPROVED PLANS

The approved plans for this development approval are listed in the following table:

Plan No. Rev. Plan Name Date
M1717-GO1-A Operational Works - Earthworks, 28 February 2006
M1717-LO1-F Roadworks, Stormwater, Water & | 7 December 2006
M1717-LO2-D Sewerage by JF&P Consulting 7 December 2006
M1717-LO3-B Engineers. 20 June 2006
M1717-LO4-F 7 December 2006
M1717-LO5-B 20 June 2006
M1717-RO1-F 7 December 2006
M1717-RO2-D 3 October 2006
M1717-RO3-B 7 June 2006
M1717-RO4-A 28 February 2006
M1717-RO5-A 28 February 2006
M1717-RO6-A 28 February 2006
M1717-RO7-A 28 February 2006
M1717-RO8-A 28 February 2006
M1717-RO9-A 28 February 2006

M1717-RO10-A
M1717-RO11-B
M1717-RO12
M1717RO13-A -F
M1717-RO14-B
M1717-DO1-B
M1717-DO02-D
M1717-DO3-B
M1717-DO4-A
M1717-DO5-B
M1717-DO6-A
M1717-DO7-A
M1717-DO8-D
M1717-EO1-E
M1717-EO2-B

or as modified herein

28 February 2006
3 October 2006

7 December 2006
28 February 2006
3 October 2006

3 October 2006

3 October 2006
20 July 2006

28 February 2006
3 October 2006
28 February 2006
28 February 2006
3 October 2006

7 December 2006
20 June 2006

Page 9 of 16

Page 10

                                                                                         2006/1015


7.      ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    Should any changes or modifications to the approved plans be required as a result of
      construction constraints, a Change to an Existing Approval Application under the Integrated
      Planning Act must be made. Amended plans clearly indicating the changes must be lodged
      with this application along with the appropriate fees.
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.

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
 Not Applicable

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
Integrated Planning Act 1997 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.
                                                                                     Page 10 of 16


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2006/1015

 

7. ADVISORY NOTES

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

1. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a Change to an Existing Approval Application under the Integrated
Planning Act must be made. Amended plans clearly indicating the changes must be lodged
with this application along with the appropriate fees.

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”. \t 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
Not Applicable

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
Integrated Planning Act 1997 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.

Page 10 of 16

Page 11

                                                          2006/1015



DECISION NOTICE HISTORY
 Original Decision Notice 14 December 2006.
 Change to an Existing Approval 17 November 2008 –
   Extension to Currency Period til 19 December 2009


Yours faithfully




Ron Read
SENIOR TECHNICAL ASSESSMENT OFFICER




                                                       Page 11 of 16


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2006/1015

 

DECISION NOTICE HISTORY

¢ Original Decision Notice 14 December 2006.

e Change to an Existing Approval 17 November 2008 —
Extension to Currency Period til 19 December 2009

Yours faithfully

Ron Read
SENIOR TECHNICAL ASSESSMENT OFFICER

Page 11 of 16

Page 12

                                        2006/1015



Referral Agency Conditions
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




                                     Page 12 of 16


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2006/1015

 

Sunshine Coast | Referral Agency Conditions

INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

Queensland
¥s Government

 

Department of
i Natural Resources,
Council Ref: 2006/1015 “ *
Author Nick Hill Mines and Water

File/ Ref number — NOO/ LA0606NAM0006
Directorate / Unit Planning and Environment
Phone 54512287

21 July 2006

The Chief Executive Officer 25 JUL 2006
Noosa Shire Council
PO Box 141

NOOSA QLD 4565

NOOSA
y SHIRE CoUNCIL,

 

Attention: Mr R A Read

RE: APPLICATION FOR OPERATIONAL WORKS—{EARTHWORKS,
ROADWORKS STORMWATER, WATER AND SEWERAGE)—LOT 2 ON
SP162077, WALTER HAY DRIVE, NOOSAVILLE.

I refer to information received from Jones Flint and Pike Pty Ltd, dated 28 June 2006,
referred to the Department of Natural Resources, Mines and Water (NRMW)—Advice
Agency—in accordance with the acknowledgement notice issued for the above. NRMW has
assessed the information received and provides the following advice:

ADVICE

State Planning Policy 2/02 — Planning and Managing Development Involving Acid
Sulfate Soils (SPP 2/02)

The proposed development appears to be on land below Sm AHD. Insufficient
information has been supplied with the application to enable NRMW to determine its
referral agency status. To determine this, information is required on the proposed
maximum volume of soil or sediment that will be excavated and/or filled on site, and
whether dewatering is to occur as part of the construction of the proposed development.

NRMW is currently an official advice agency for assessable developments that involve
excavations of soil or sediment below Sm AHD (where natural ground surface is less than
20m AHD), and where greater than 1000m? of material is disturbed by excavation or filling
(as per Schedule 2, Integrated Planning Amendment Regulation (No, 3F) 1998).

If the proposal fits the above criteria, then NRMW requests review of relevant ASS
investigations and management reports consistent with State Planning Policy 2/02: Planning

Centenary Square Building,
Curie Street, Nambour.

PO Box 573, Nambour.
Queenstand 4560 Australia
Telephone + 61 7 5451 2222
Facsimile + 61 7 545% 2260
Website
www.nim.qld.gov.au

Page 12 of 16

Page 13

2006/1015

 

and Managing Development Involving Acid Sulfate Soils’ with reference to the SPP
Guideline: Acid Sulfate Soils’, the Guidelines for Sampling and Analysis of Lowland Acid
Sulfate Soils in Queensland 1998° and the Queensland Acid Sulfate Soil Technical Manual:
Soil Management Guidelines’. (Refer to: www.nrm.qld.gov.aw/land/ass/policies).

If the proposed development will involve excavations of soil or sediment below 5m AHD
that total between 100m? and 1000m? in volume, or involves filling with between 500m’ and
1000 m? of material then NRMW advise that ASS investigations and management should be
undertaken in accordance with the above-mentioned documents to the satisfaction of
Council, however do not need to be sent to NRMW for review.

Irrespective of the volume of disturbance, specific reference should be made to Section 9 of
the SPP Guideline that discusses treatment levels required to treat all potential and existing
acidity. These treatment levels are based on mass (tonnes) of soil to be excavated and levels
of sulfidic sulfur (percentage). For low level, medium level, high level and very high level
of treatment, the Draft SPP Guideline provides advice on suitable management measures.
For extra high treatment levels, ie where greater than 25 tonnes of agricultural lime is
necessary, a detailed environmental management plan is required. For disturbances less than
1000m?, NRMW can provide assistance to local governments when developments entail an
extra high treatment category, and for smaller scale disturbances, the guidelines associated
with the SPP should be consulted.

THIRD PARTY ADVICE

Aboriginal Cultural Heritage Act 2003

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.

You will comply with the cultural heritage duty of care if you are acting in accordance with
gazetted cultural heritage duty of care guidelines. An assessment of your proposed activity
against the duty of care guidelines will help determine whether or to what extent Aboriginal
cultural heritage may be harmed by your activity. It will also help determine if you need to
undertake a search of the cultural heritage database and register.

If following an assessment of the duty of care guidelines you believe cultural heritage may
be harmed by your proposed activity, you should contact the Cultural Heritage Coordination
Unit for further advice on (07) 323 83838 or e-mail cultural [email protected].

' SPP 2/02 and SPP Guideline is available from the Queensland Acid Sulfate Soils Investigation Team- 07

3896 9819 on request. .

2 The SPP Guideline: Acid Sulfate Soils provide general guidance on acid sulfate soils investigations,

groundwater investigations, and treatment and management of disturbed acid sulfate soils and drainage waters.
Ahern ef al. 1998 — available from QASSIT 07 3896 9819 on request

* Dear SE, Moore NG, Dobos SK, Watling KM and Ahern CR (2002). Soil Management Guidelines. In

Queensland Acid Sulfate Soil Technical Manual. Department of Natural Resources and Mines, Indooroopilly,

Queensland, Australia.

Department of Natural Resources Mines and Water Page 2:

Page 13 of 16

Page 14

2006/1015

 

Further information on cultural heritage, together with a copy of the duty of care guidelines
and cultural heritage search forms, may also be obtained from NRMW’s website:
www.nrm.qlid.gov.au/cultural_heritage/index.html

I trust this advice is of assistance. Should you wish to discuss any of the above matters,

Nick Hill can be contacted in the Department’s Nambour office on telephone number (07)
5451 2287.

Yours sincerely,

Ken Munay
Principal Natural Resource Officer (Planning and Development)

ce:

Jones Flint and Pike Pty Ltd

PO Box 6

MAROOCHYDORE QLD 4558

Attention: Andrew Fraser

Page 14 of 16

Page 15

                                                                                                        2006/1015



                                                        Appeal Rights
                                                        INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated                         (5) If an application is processed under section
Planning Act (Chapter 4).                                           6.1.28(2), appeal rights for submitters for the application
                                                                    are available only for the aspects of the development that
Division 8 - Appeals to                court   relating   to        would have required public notification under the
development applications                                            repealed Act.
Appeals by applicants                                                   (6) If an application involves assessment against a
4.1.27.(1) An applicant for a development application               concurrence agency code, appeal rights for submitters
may appeal to the court against any of the following-               for the application are not available against the part of
                                                                    the approval that represents the concurrence agency’s
(a) the refusal, or the refusal in part, of a development           response for the code.
      application;
                                                                    Appeals by advice agency submitters
(b) a matter stated in a development approval, including
      any condition applying to the development, and the            4.1.29.(1) An advice agency may, within the limits of its
      identification of a code under section 3.1.6;1                jurisdiction, appeal to the court about the giving of a
                                                                    development approval for a development application if-
(c) the decision to give a preliminary approval when a
      development permit was applied for;                           (a) the development       application   involves    impact
                                                                       assessment; and
(d) the length of a currency period;
                                                                    (b) the advice agency told the applicant and the
(e) a deemed refusal.                                                  assessment manager to treat its response to the
    (2) An appeal under subsection (1)(a) to (d) must be               application as a submission for an appeal.
started within 20 business days (the “applicant’s appeal               (2) The appeal must be started within 20 business
period”) after the day the decision notice or negotiated            days after the day the decision notice or negotiated
decision notice is given to the applicant.                          decision notice is given to the advice agency as a
    (3) An appeal under subsection (1)(e) may be started            submitter.
at any time after the last day a decision on the matter             Appeals for matters arising after approval given
should have been made.                                              (co-respondents)
Appeals by submitters                                               4.1.30.(1) For a development approval given for a
4.1.28.(1) A submitter for a development application may            development application, a person to whom any of the
appeal to the court about-                                          following notices have been given may appeal to the
(a) the giving of a development approval, including any             court against the decision in the notice-
      conditions (or lack of conditions) or other provisions        (a) a notice giving a decision on a request for extension
      of the approval; or                                              of the currency period for an approval;
(b) the length of a currency period for the approval.               (b) a notice giving a decision on a request to make a
    (2) The appeal must be started within 20 business                  minor change to an approval.
days (the “submitters appeal period”) after the day the                 (2) The appeal must be started within 20 business
decision notice or negotiated decision notice is given to           days after the day the notice of the decision is given to
the submitter.                                                      the person.
   (3) If a person withdraws a submission before the                    (3) Subsection (1)(a) does not apply if the approval
application is decided, the person may not appeal the               resulted from a development application (superseded
decision.                                                           planning scheme) that was assessed as if it were an
   (4) If an application involves both impact assessment            application under a superseded planning scheme.
and code assessment, appeal rights for submitters are                  (4) Also, a person who has made a request
available only for the part of the application involving            mentioned in subsection (1) may appeal to the court
impact assessment.                                                  against a deemed refusal of the request.
                                                                       (5) An appeal under subsection (4) may be started at
                                                                    any time after the last day the decision on the matter
                                                                    should have been made.


1
1
    Section 3.1.6 (Preliminary approval may override local
    planning instrument)
                                                                                                    Page 15 of 16


[OCR of page images]
2006/1015

 

|Sunshine Coast

The following is an extract from the Integrated
Planning Act (Chapter 4).

Division 8 - Appeals to court relating to
development applications

Appeals by applicants

4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following-

(a) the refusal, or the refusal in part, of a development
application;

(b) a matter stated in a development approval, including
any condition applying to the development, and the
identification of a code under section 3.1.6;'

(c) the decision to give a preliminary approval when a
development permit was applied for;

(d) the length of a currency period;

(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the “applicant’s appeal
period”) after the day the decision notice or negotiated
decision notice is given to the applicant.

(3) An appeal under subsection (1)(e) may be started
at any time after the last day a decision on the matter
should have been made.

Appeals by submitters

4.1.28.(1) A submitter for a development application may
appeal to the court about-

(a) the giving of a development approval, including any
conditions (or lack of conditions) or other provisions
of the approval; or

(b) the length of a currency period for the approval.

(2) The appeal must be started within 20 business
days (the “submitters appeal period”) after the day the
decision notice or negotiated decision notice is given to
the submitter.

(3) If a person withdraws a submission before the
application is decided, the person may not appeal the
decision.

(4) If an application involves both impact assessment
and code assessment, appeal rights for submitters are
available only for the part of the application involving
impact assessment.

1

' Section 3.1.6 (Preliminary approval may override local
planning instrument)

Appeal Rights

INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

(5) If an application is processed under section
6.1.28(2), appeal rights for submitters for the application
are available only for the aspects of the development that
would have required public notification under the
repealed Act.

(6) If an application involves assessment against a
concurrence agency code, appeal rights for submitters
for the application are not available against the part of
the approval that represents the concurrence agency's
response for the code.

Appeals by advice agency submitters

4.1.29.(1) An advice agency may, within the limits of its
jurisdiction, appeal to the court about the giving of a
development approval for a development application if-

(a) the development application involves impact
assessment; and

(b) the advice agency told the applicant and the
assessment manager to treat its response to the
application as a submission for an appeal.

(2) The appeal must be started within 20 business
days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
submitter.

Appeals for matters arising after approval given
(co-respondents)

4.1.30.(1) For a development approval given for a
development application, a person to whom any of the
following notices have been given may appeal to the
court against the decision in the notice-

(a) a notice giving a decision on a request for extension
of the currency period for an approval;

(b) a notice giving a decision on a request to make a
minor change to an approval.

(2) The appeal must be started within 20 business
days after the day the notice of the decision is given to
the person.

(3) Subsection (1)(a) does not apply if the approval
resulted from a development application (superseded
planning scheme) that was assessed as if it were an
application under a superseded planning scheme.

(4) Also, a person who has made a _ request
mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.

(5) An appeal under subsection (4) may be started at
any time after the last day the decision on the matter
should have been made.

Page 15 of 16

Page 16

                                                                                                2006/1015

Division 9 - Appeals to court about other matters            4.2.9(1) An applicant for a development application may
Appeals for matters arising after approval given             appeal to the Building and Development Tribunal against
(no co-respondents)                                          any of the following-
4.1.31.(1) A person to whom any of the following notices     (a) the refusal, or the refusal in part, of a development
have been given may appeal to the court against the                application;
decision in the notice-                                      (b) a matter stated in a development approval, including
(a) a notice giving a decision on a request to change or           any condition applying to the development, and the
     cancel a condition of a development approval.                 identification of a code under section 3.1.6;3
(b) a notice under section 6.1.442 giving a decision to      (c) the decision to give a preliminary approval when a
     change or cancel a condition of a development                 development permit was applied for;
     approval.                                               (d) the length of a period mentioned in section 3.5.21
     (2) The appeal must be started within 20 business             currency period;
        days after the day the notice of the decision is     (e) a deemed refusal.
        given to the person.                                     (2) An appeal under subsection (1)(a) to (d) must be
     (3) Also, a person who has made a request               started within 20 business days (the “applicant’s appeal
        mentioned in subsection (1)(a) may appeal to the     period”) after the day the decision notice or negotiated
        court against a deemed refusal of the request.       decision notice is given to the applicant.
     (4) An appeal under subsection (3) may be started at        (3) An appeal under subsection (1)(e) may be started
       any time after the last day the decision on the       at any time after the last day a decision on the matter
       matter should have been made.                         should have been made.
Appeals against decisions to change approval conditions      The Registrar for the Building and Development
under the repealed Act                                       Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision     http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or
                                                             For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court      4.1.36 Appeals about particular infrastructure
against-                                                     charges
(a) the decision; or                                         (1) This section applies to a person who has been
                                                             given, and is dissatisfied with, an infrastructure charges
(b) a deemed refusal of the application.                     notice or a regulated State infrastructure charges notice.
    (2) An appeal under subsection (1)(a) must be
                                                             (2) The person may appeal to the court against the
started within 20 business days after the day notice of
                                                             notice.
the decision is to be given to the person.
                                                             (3) The appeal must be started within 20 business days
    (3) An appeal under subsection (1)(b) may be started
                                                             after-
at any time after the last day a decision on the matter
should have been made.                                       (a) if the notice is given because of a development
                                                                  approval or master plan approval-the day the
Appeals against local laws
                                                                  applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a               approval; or
decision of a local government or the conditions applied
                                                             (b) otherwise-the day the notice is given to the person.
under a local law about the use of premises or the
erection of a building or other structure permitted by the   (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the          (a) whether a charge in the notice is so unreasonable
decision or the conditions applied.                              that no reasonable relevant local government, State
    (2) The appeal must be started within 20 business            infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the        have imposed it; or
applicant.                                                   (b) an error in the calculation of the charge.
For Building Works Only                                      (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the           under this section can not be about the methodology
Integrated Planning Act 1997 as follows:                     used to establish the charge in the relevant infrastructure
                                                             charges schedule or regulated State infrastructure
Division 3 – Appeals to tribunals relating to                charges schedule.
development applications
Appeals by applicants



1
2                                                            1
     Section 6.1.44 (Conditions may be changed or
                                                             3
    cancelled by assessment manager or concurrence               Section 3.1.6 (Preliminary approval may override local
    agency in certain circumstances)                             planning instrument)
                                                                                            Page 16 of 16


[OCR of page images]
2006/1015

 

Division 9 - Appeals to court about other matters

Appeals for matters arising after approval given
(no co-respondents)

4.1.31.(1) A person to whom any of the following notices
have been given may appeal to the court against the
decision in the notice-

(a) a notice giving a decision on a request to change or
cancel a condition of a development approval.

(b) a notice under section 6.1.44° giving a decision to
change or cancel a condition of a development
approval.

(2) The appeal must be started within 20 business
days after the day the notice of the decision is
given to the person.

(3) Also, a person who has made a_ request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.

(4) An appeal under subsection (3) may be started at
any time after the last day the decision on the
matter should have been made.

Appeals against decisions to change approval conditions
under the repealed Act

4.1.33A.(1) A person who is dissatisfied with a decision
made on an application to change the conditions
attached to an approval given under section 2.19(3)or
section 4.4 of the repealed Act may appeal to the court
against-

(a) the decision; or

(b) a deemed refusal of the application.

(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.

(3) An appeal under subsection (1)(b) may be started
at any time after the last day a decision on the matter
should have been made.

Appeals against local laws

4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions applied
under a local law about the use of premises or the
erection of a building or other structure permitted by the
planning scheme may appeal to the court against the
decision or the conditions applied.

(2) The appeal must be started within 20 business
days after the day notice of the decision is given to the
applicant.

For Building Works Only

Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:

Division 3 - Appeals to tribunals relating to
development applications

Appeals by applicants

1

2 Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)

4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-

(a) the refusal, or the refusal in part, of a development
application;

(b) a matter stated in a development approval, including
any condition applying to the development, and the
identification of a code under section 3.1.6:°

(c) the decision to give a preliminary approval when a
development permit was applied for;

(d) the length of a period mentioned in section 3.5.21
currency period;
(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the “applicant’s appeal
period”) after the day the decision notice or negotiated
decision notice is given to the applicant.

(3) An appeal under subsection (1)(e) may be started
at any time after the last day a decision on the matter
should have been made.

The Registrar for the Building and Development
Tribunal may be contacted at the website
http://www.localgovernment.qlid.gov.au/

For Infrastructure Charges Onl

4.1.36 Appeals about particular infrastructure

charges

(1) This section applies to a person who has been

given, and is dissatisfied with, an infrastructure charges

notice or a regulated State infrastructure charges notice.

(2) The person may appeal to the court against the

notice.

(3) The appeal must be started within 20 business days

after-

(a) _ if the notice is given because of a development
approval or master plan approval-the day the
applicant is given notice of the decision about the
approval; or

(b) otherwise-the day the notice is given to the person.

(4) An appeal under this section may only be about-

(a) whether a charge in the notice is so unreasonable
that no reasonable relevant local government, State
infrastructure provider or coordinating agency could
have imposed it; or

(b) an error in the calculation of the charge.

(5) To remove any doubt, it is declared that an appeal

under this section can not be about the methodology

used to establish the charge in the relevant infrastructure
charges schedule or regulated State infrastructure
charges schedule.

1

5 Section 3.1.6 (Preliminary approval may override local
planning instrument)

Page 16 of 16

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