MCU13-0080.01 Change to Existing Approval · MCU13/0080.01

Officer:	Jack Lewis
Direct Telephone:	07 5329 6236
Fax:	07 5329 6501
Our Reference:	JLEWIS:MCU13/0080.01
Your Reference:	N/A
26 June 2014

S Campbell
59 Paradise Drive
WEYBA DOWNS  QLD  4562

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 25 June 2014, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	MCU13/0080.01
Street Address:	18 Sunseeker Cl NOOSAVILLE  QLD  4566
Real Property Description:	Lot 67 RP 842163
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details

Council on 9 July 2013 decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises - Multiple Housing Type 4 Conventional (3 units)

In relation to the request to make a change to the existing approval, Council on 25 June 2014 decided to:
A.	Delete Condition 10.

relevant period of approval

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

PLANNING

When Conditions must be Complied With
1.	Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.

Approved Plans
2.	Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.

Building Height
3.	The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.

4.	Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.

Performance Bond
5.	Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works.  The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.  Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.

Building Appearance
6.	All air conditioning units or other mechanical equipment must be located at ground level, or otherwise screened or enclosed such that they are not visible from the street frontages or adjoining properties.

7.	All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like

Fencing and Walls
8.	Fencing to the Sunseeker Close street frontage must be set back an average of 1 metre from the front property boundary, with articulation stepping the design at maximum 5m intervals.  Any fencing on the front boundary must either:
(a)	not exceed a maximum height of 1.2m; or
(b)	be of open construction.

9.	The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.

10.	Deleted.

Community Management Statement
11.	Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.

12.	All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.

Waste Management
13.	Refuse storage, removal and collection facilities must be provided in accordance with the following:
(a)	provision of a minimum of two 240L wheelie bins for each dwelling unit;
(b)	provision of separate bins for general and recyclable waste for each tenancy, with an equal number of each being provided; and
(c)	provision of a hardstand impervious area within the private open space area of each unit for the permanent storage location of the bins, having minimum dimensions of 0.36 m2 (600mm x 600mm) per bin

LANDSCAPE & ECOLOGY

Landscaping Works
14.	The development site must be landscaped.  The works must be undertaken in accordance with the approved landscaped plan and Council’s PSP 3 Landscaping Plants and Guidelines.

15.	The development site must be landscaped in accordance with an Operational Works approval and must include in particular:
(a)	landscaping areas as generally shown on the approved site plan;
(b)	provision of 1 street tree within the Sunseeker Close road reserve for every 8 metres of road frontage.
Note: Any changes to the boundaries resulting from a land transfer involving Council’s existing pathway along Gibson Road, shall be reflected on the landscape plan.

16.	All landscape works must be established and maintained in accordance with horticultural best practice with construction techniques and irrigation that allow for healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.

17.	All landscape works must be maintained generally in accordance with the approved design for the life of the development.

UNITYWATER

Water & Sewer
18.	Construction activities must not impede the access of Unitywater or Fire Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).

19.	The fire-fighting demand on Unitywater’s water supply system from the development must not exceed 15 litres per second.

20.	A single Unitywater installed primary water meter must be provided immediately inside the property boundary.  Additional water meters must be installed for each title of a community title or sub-lease scheme. Meters must be Unitywater approved, installed in accordance with Unitywater requirements and remain accessible at all times for reading and maintenance purposes.

21.	Water meters must be located on alternative boundaries to electrical pillars.

22.	Buildings and other structures must maintain a minimum clearance of 1.5 metres from Unitywater sewer mains, and 1.0 metre from a sewer manhole chamber or sewer inspection opening.

23.	Storm water retention systems and gross pollutant traps must maintain a minimum clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure.

24.	Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature, and suitable approved varieties.

25.	Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.

ENGINEERING

Site Access and Driveways
26.	A sealed access driveway must be provided from Sunseeker Close to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
(a)	a driveway crossover generally in accordance with IPWEAQ standard drawing SEQ R- 050;
(b)	driveway width of 6 metres at the kerb line, and at absolute minimum width of 3 metres within the property;
(c)	Landscaping areas along the driveway shall be designed in a manner that optimise and felicitate vehicles passage and manoeuvring into and out of parking spaces.

Car Parking
27.	A minimum of 6 car parking spaces must be provided and marked on the site.  Generally in accordance with the approved plan. The works must be undertaken in accordance with an Operational Works approval.

28.	All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.

Public Pathway
29.	A public pathway must be provided for the development.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
(a)	A 2 metre wide concrete pathway within the road verge for the entire length of the site’s frontage to Sunseeker Close and to smoothly connect to the existing pathway near the southeast corner of the site.
(b)	a pram ramp near the southwest corner of the site be separately constructed or combined into the proposed driveway to the site.

Stormwater Drainage
30.	The site must be provided with a gravity stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval.

31.	Stormwater runoff from the development must be disposed off without causing nuisance or damage to the subject site or any adjoining property including the public footpath.

Damage to Services and Assets
32.	Any damage caused to existing services and assets above or below the ground must be repaired:
(a)	where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
(b)	where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.

referral agency conditions

Not Applicable

approved plans

The following plans are Approved Plans for the development:

Approved Plans
Plan No.	Rev.	Plan Name	Date
A101	D	Site Plan, prepared by Steven Campbell	21/05/2013
A300	D	Floor Plan Unit 1 & 2, prepared by Steven Campbell	21/05/2013
A301	C	First Floor Plan Unit 1 & 2, prepared by Steven Campbell	21/05/2013
A302	E	Floor Plans for Unit 3, prepared by Steven Campbell	17/06/2013
A400	D	Elevations, prepared by Steven Campbell	21/05/2013
A401	C	Elevations, prepared by Steven Campbell	21/05/2013

referenced documents

Not Applicable

advisory notes

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

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:
the Disability Discrimination Act 1992 (Commonwealth); and
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:
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;
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; and
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 3239 3647 to discuss any obligations under the ACH Act.

Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Audit & Response Unit to arrange a Development Compliance Inspection.

Infrastructure Charges
This Development Permit may trigger an “Adopted Infrastructure Charge Notice” (if applicable) to be issued in accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.

Noise
The applicant is advised to ensure that during the detailed building design and construction phase, including the design, selection and installation of fixed plant and equipment, A/C units and refrigeration plant, mechanical exhausts, acoustic enclosures/plant rooms and the like, that the ongoing advice and design input of a qualified acoustic consultant is sought and implemented to ensure that the operation of such plant and equipment complies with statutory and planning noise limits. Mechanical plant and equipment must be provided with appropriate acoustic enclosures/screening and located away from adjacent noise sensitive premises.

Building and Construction Industry (Portable Long Service Leave) Levy
From 1 January 2000, the Building and Construction Industry (Portable Long Service Leave) Levy must be paid prior to the issue of a development permit where one is required for the 'Building and Construction Industry'.  This applies to Building Works, Operational Works and Plumbing and Drainage Works applications, as defined under the Sustainable Planning Act 2009, where the works are $80,000 or more and matching the definition of 'Building and Construction Industry' under the Building and Construction Industry (Portable Long Service Leave) Act 1991. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.  Should you require clarification in regard to the amendments to the Building and Construction Industry (Portable Long Service Leave) Act 1991, you should contact QLeave on 1800 803 481 (free call) or (07) 3212 6855.

Co-ordination of Operational Works Assessment
To assist Council to undertake an integrated assessment of the operational works application, all aspects of the works must be included in one (1) application and be in accordance with Council’s planning scheme. Additional application fees apply to applications where the different aspects of the works are lodged separately.  Significant savings in application fees will result if all works are lodged in a single application.

Lawful Point of Discharge
The applicant is advised that a lawful point of discharge for the development will need to be determined and demonstrated as part of a detailed design solution included with the Operational Works application.

property notes

Not Applicable

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

further development permits required

Development Permit for Operational Work (Landscaping, Driveways & Carparking, External Works, Earthworks)
Development Permit for Building Work

self assessable codes

Not Applicable

submissions

No properly made submissions were received about this application.

reasons / grounds for appoval

Not Applicable

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.

other details

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY Original Decision Notice- 9 July 2013 Changes to an Existing Approval – 25 June 2014

Yours faithfully

Jack Lewis
development planner

Encl. 	Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

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

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