Permissible Change Decision Notice Approval or App in Part - 010.2009.00001490.002 [As Published] · 132009.1490.02

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4    CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Approved Plans
1.   Development undertaken in accordance with this approval must generally comply with the
     approved plans of development. The approved plans are listed in the following table and as
     may be amended by these conditions.

       Plan No,        Plan Name – Prepared By                                  Date
       1001 A          Site Plan – Peter Hull Architect                         October 2009
       1018            Site & Ground floor, Pergola – Peter Hull Architect      31 August 2010
       1002 C          Level 1 – Peter Hull Architect                           3 December 2009
       1004 A          Roof – Peter Hull Architect                              October 2009
       2001 A          Section 1 & Section 2 – Peter Hull Architect             October 2009
       2002 A          Section 3 & Section 4 – Peter Hull Architect             October 2009
       3001 A          North & East Elevations – Peter Hull Architect           October 2009
       3002 A          South & West Elevations – Peter Hull Architect           October 2009

Relevant Period
2.   The Development Permit for a material change of use lapses if the use has not happened by 2
     December 2013, unless an application to extend the currency is approved by Council.
Vegetation
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.   All other vegetation shall be protected from interference resulting from clearing or construction
     activities by:
     4.1.    Clearly marking vegetation to be retained with flagging tape;
     4.2.    Installing protective fencing around the drip line of the vegetation;
     4.3.    Stockpiling, storage and vehicle parking occurs in already cleared areas and does not
             cause interference with vegetation; and
     4.4.    Low impact construction techniques are used around vegetation to minimise
             interference with the vegetation.
5.   Cleared vegetation is to be suitably processed by one of the following methods and removed
     from the site:
     5.1.    Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
             loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a
             minimum of 10 metres between edges of heaps.
     5.2.    Disposal for firewood.
     5.3.    Disposal for landscaping purposes.
Building Height
6.   The building height shall not exceed 8.0 metres above the natural ground level, finished
     ground level and 2 storeys.


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7.    A verification survey of the building is to be carried out by a Licensed Surveyor and a
      certificate lodged with Council at completion of the work confirming compliance with the
      maximum allowable building height as required by either the conditions of approval or the
      Planning Scheme.
Security Bond and Contributions
8.    Monetary contributions shall be paid to Council towards the cost of providing and/or upgrading
      various infrastructure at the rates applicable at the time of payment. An estimate only of the
      contribution amounts under the current Council policies and requirements is outlined in the
      table below:

          Contribution Required For:                                                 Amount:
          PSP20 – Pathway Trunk Network Contributions                                $727
          TOTAL Contribution Amount =                                                $727
          Please note that these amounts are all subject to variations in the Consumer Price Index,
          All Groups Brisbane from September 2009 until the date of payment.

      All contributions must be paid prior to commencement of the use.
9.    Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 must be
      submitted, to secure performance of all conditions of this approval, prior to the issue of a
      Development Permit for building works. The cash bond or trading bank guarantee will be
      returned on performance of the conditions of approval less any costs incurred by Council in
      respect of enforcing performance of this permit.
General
10.   Deleted.
11.   The development must be undertaken and operated in a manner that causes no detrimental
      effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
      lighting nuisance or other emissions.
Earthworks and Sediment Control
12.   Earthworks required on site shall be carried out in accordance with Council’s Planning
      Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional
      ponding of water on any adjoining lands or concentrate or direct overland flow on to an
      adjoining property.
13.   Sediment and erosion control measures must be in place prior to building works. 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.

5     REFERRAL AGENCY CONDITIONS
Not applicable.

6     APPROVED PLANS/DOCUMENTS

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




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        Plan No,       Plan Name – Prepared By                                Date
        1001 A         Site Plan – Peter Hull Architect                       October 2009
        1018           Site & Ground floor, Pergola – Peter Hull Architect    31 August 2010
        1002 C         Level 1 – Peter Hull Architect                         3 December 2009
        1004 A         Roof – Peter Hull Architect                            October 2009
        2001 A         Section 1 & Section 2 – Peter Hull Architect           October 2009
        2002 A         Section 3 & Section 4 – Peter Hull Architect           October 2009
        3001 A         North & East Elevations – Peter Hull Architect         October 2009
        3002 A         South & West Elevations – Peter Hull Architect         October 2009

7     ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
      Local Law No. 12, prevents a builder or building contractor carrying out building work on a
      building site in a way that makes or causes audible noise to be made from the building work:
      1.1.   On a Sunday or public holiday, at any time; or
      1.2.   On a Saturday or a business day, before 7.00am or after 6.30pm.
      A maximum penalty of $1,500 applies to an offence under this legislation.
2.    Prior to the commencement of the development, a plumbing assessment must be obtained
      from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage
      Act 2002 (as applicable).
3.    For properties located in the catchment area for the Coastal Major Road Network
      Infrastructure Charges Plan, a Building Works application may trigger an Infrastructure Charge
      payable to Council in accordance with the Infrastructure Charges Plan and Chapter 5 of the
      Integrated Planning Act 1997
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.
Your attention is also directed to the fact that in addition to the requirements of the Building Code of
Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact
on the proposed building work:
(a)   The Disability Discrimination Act 1992 (Commonwealth)
(b)   Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to address
equitable access and facilities in the building:
(a)   The building and environs should be designed to meet the requirements of the Human Rights
      and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2
(b)   Applicants should be aware that a “Disability Standard on Access to premises” is currently
      being developed and most likely will impose changes on the Building Code of Australia

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(c)     Any services and facilities in the building complex should allow independent, dignified and
        equitable use of the services and facilities for all people.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage.” It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8       PROPERTY NOTES

Not applicable.

9       PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not applicable.

10      FURTHER DEVELOPMENT PERMITS REQUIRED

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

11      SELF ASSESSABLE CODES
The following codes for self-assessable development related to the development approval issued
under this Decision Notice must be complied with.
       Detached House Driveways Code
12      SUBMISSIONS

Not applicable.
13      REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not applicable.

14      RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Sustainable Planning Act 2009 is attached.

15      OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on
line at www.sunshinecoast.qld.gov.au, or at Council offices.




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DECISION NOTICE HISTORY
2 December 2009         Original Decision Notice
12 October 2010         Change to Existing Approval with amendment to Condition 1 and
                        deletion of Condition 10.


Yours faithfully,




Glen Conforti
Planning Technical Officer



Enc:    Appeal Rights
        Approved Plans/Documents




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                                                 Appeal Rights
                                                SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                REGULATION 2009




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

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




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