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SUPERSEDED Decision Notice - 010.2008.00000811.001 [As Published] · 132008.811

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                                             Officer:          Glen Conforti
                                             Direct Telephone: (07) 5449 5379
                                             Response Address: PO Box 141, Tewantin QLD 4565
                                             Email:            [email protected]
                                             Our Reference:    2008/811
                                             Your Reference:   00977 LO1 NG
26 August 2008

Michael Ferris
CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567




Dear Sir

                                      Decision Notice
                                   Integrated Planning Act 1997

I refer to your application and advise that on 25 August 2008 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1     APPLICATION DETAILS

 Application No:                     2008/811
 Street address:                     8 Noosa Parade, Noosa Heads
 Real property description:          Lot 3 N 21841
 Planning Scheme:                    The Noosa Plan

2     DECISION DETAILS

The following type of approval has been issued:
    Development Permit for Material Change of Use - Detached House

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

4     ASSESSMENT MANAGER CONDITIONS

1.    Development undertaken in accordance with this approval must generally comply with the
      approved plans of development. The approved plans are numbered, titled and dated:
       Plan         /      Rev.    Plan / Document Name                          Date
       Document No.
       0719 1.2            TP06    Floor Plan - Ground Floor – SBT               04/07/2008
                                   Designs
       0719 1.3            TP06    Floor Plan - First Floor – SBT Designs        04/07/2008


                                                                                          Page 1 of 7
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                                                                                            2008/811



      0719 1.4            TP06     Site Cover Plan - GF & Site Cover Plan          04/07/2008
                                   – FF – SBT Designs
      0719 2.1            TP06     Eastern Elevation & Northern Elevation          04/07/2008
                                   – SBT Designs
      0719 2.2            TP06     Western      Elevation      &        Southern   04/07/2008
                                   Elevation
      6567-D-1            A        Detail Survey – LAU Surveys                     14/07/2008

      and as may be amended by these conditions and annotations on the plans.
2.    The swimming pool shall finish no higher than the finished level of the river front deck (RL 2.8).
      No structure shall overhang the revetment wall; in this regard the swimming pool catch pond
      shall not over hang the revetment wall.
3.    The existing Pandanus tectorius located at the southwest corner of the site shall be
      maintained onsite, with protective measures installed to ensure protection during construction.
4.    Security in the form of a cash bond or trading bank guarantee to the sum of $3000.00 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.
5.    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.
6.    A rainwater storage tank with a minimum capacity of 5000 litres shall be provided on site to
      service the detached house. The tank is to be installed to ensure water from the tank can be
      used both:
      6.1.   For external use such as watering gardens, irrigation, ornamental ponds or water
             features, topping up swimming pools, outdoor cleaning; and
      6.2.   For use in flushing of toilets internal to the building.
7.    All hot water systems installed shall be either solar systems; electric heat pump systems; or
      gas systems (LPG or natural).
8.    The building height shall not exceed 8.0 metres above natural ground level.
9.    Cleared vegetation is to be suitably processed by one of the following methods and removed
      from the site:-
      9.1.   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.
      9.2.   Disposal for firewood.
      9.3.   Disposal for landscaping purposes.
      9.4.   Transport to alternative site for breaking down materials provided that all necessary
             permits have been obtained to allow the alternate site to be used for this purpose.
      9.5.   The Applicant is advised that other methods may be considered provided full details of
             the method are submitted.
      9.6.   The applicant is advised that burning off is an unacceptable method of disposal.
10.   Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) are
      not constructed under overhead electricity transmission lines, or within any easements.
                                                                                          Page 2 of 7

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                                                                                        2008/811



11.    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.
Currency
12.    The Development Permit for a material change of use lapses if the use has not happened by
       25 August 2012, unless an application to extend the currency is approved by Council.

5      REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:

 Referral Trigger              Referral Status    Referral Agency       Referral Address

 Nil

6      APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
 Plan / Document No.       Rev.     Plan / Document Name                      Date
 0719 1.2                  TP06     Floor Plan - Ground Floor – SBT           04/07/2008
                                    Designs
 0719 1.3                  TP06     Floor Plan - First Floor – SBT Designs    04/07/2008
 0719 1.4                  TP06     Site Cover Plan - GF & Site Cover Plan    04/07/2008
                                    – FF – SBT Designs
 0719 2.1                  TP06     Eastern Elevation & Northern Elevation    04/07/2008
                                    – SBT Designs
 0719 2.2                  TP06     Western      Elevation   &    Southern    04/07/2008
                                    Elevation
 6567-D-1                  A        Detail Survey – LAU Surveys               14/07/2008

7      ADVISORY NOTES

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).




                                                                                      Page 3 of 7

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                                                                                            2008/811



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

8     PROPERTY NOTES
Not applicable

9     PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable

10    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required            Subject of the required Development Permit
 Development Permit for Building Works          All Building Works including Demolition and/or
                                                Removal of a Building

11    SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
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
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).




                                                                                         Page 4 of 7

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                                                                                     2008/811



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



Kerri Coyle
ACTING MANAGER – LAND USE




                                                                                   Page 5 of 7

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                                                                                               2008/811




                                                 Appeal Rights
                                                INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




                                                               (5) If an application is processed under section
The following is an extract from the Integrated            6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4).                                  application are available only for the aspects of the
                                                           development that would have required public
Division 8 - Appeals to court relating to
                                                           notification under the repealed Act.
development applications
Appeals by applicants                                          (6) If an application involves assessment
4.1.27.(1) An applicant for a development                  against a concurrence agency code, appeal rights
application may appeal to the court against any of         for submitters for the application are not available
the following-                                             against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a              concurrence agency’s response for the code.
    development application;                               Appeals by advice agency submitters
(b) a matter stated in a development approval,             4.1.29.(1) An advice agency may, within the limits
    including any condition applying to the                of its jurisdiction, appeal to the court about the
    development, and the identification of a code          giving of a development approval for a
                         1
    under section 3.1.6;                                   development application if-
(c) the decision to give a preliminary approval            (a) the development application involves impact
    when a development permit was applied for;                 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 application as a submission for an appeal.
    (2) An appeal under subsection (1)(a) to (d)
must be started within 20 business days (the                   (2) The appeal must be started within 20
“applicant’s appeal period”) after the day the             business days after the day the decision notice or
decision notice or negotiated decision notice is           negotiated decision notice is given to the advice
given to the applicant.                                    agency as a submitter.
    (3) An appeal under subsection (1)(e) may be           Appeals for matters arising after approval given
started at any time after the last day a decision on       (co-respondents)
the matter should have been made.                          4.1.30.(1) For a development approval given for a
Appeals by submitters                                      development application, a person to whom any of
                                                           the following notices have been given may appeal
4.1.28.(1) A submitter for a development
                                                           to the court against the decision in the notice-
application may appeal to the court about-
                                                           (a) a notice giving a decision on a request for
(a) the giving of a development approval, including
                                                               extension of the currency period for an
    any conditions (or lack of conditions) or other
                                                               approval;
    provisions of the approval; or
                                                           (b) a notice giving a decision on a request to make
(b) the length of a currency period for the approval.
                                                               a minor change to an approval.
    (2) The appeal must be started within 20
                                                               (2) The appeal must be started within 20
business days (the “submitters appeal period”)
                                                                   business days after the day the notice of the
after the day the decision notice or negotiated
                                                                   decision is given to the person.
decision notice is given to the submitter.
                                                               (3) Subsection (1)(a) does not apply if the
    (3) If a person withdraws a submission before
                                                                   approval resulted from a development
the application is decided, the person may not
                                                                   application (superseded planning scheme)
appeal the decision.
                                                                   that was assessed as if it were an
    (4) If an application involves both impact                     application under a superseded planning
assessment and code assessment, appeal rights                      scheme.
for submitters are available only for the part of the
                                                               (4) Also, a person who has made a request
application involving impact assessment.
                                                                   mentioned in subsection (1) may appeal to
                                                                   the court against a deemed refusal of the
                                                                   request.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
                                                                                             Page 6 of 7

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                                                                                              2008/811

     (5) An appeal under subsection (4) may be          For Building Works Only
         started at any time after the last day the     Rights of appeal conferred by Section 4.2.9 of the
         decision on the matter should have been        Integrated Planning Act 1997 as follows:
         made.
                                                        Division 3 – Appeals to tribunals relating to
                                                        development applications
Division 9 - Appeals to court about other
matters                                                 Appeals by applicants
Appeals for matters arising after approval given
(no co-respondents)
                                                        4.2.9(1) An applicant for a development application
4.1.31.(1) A person to whom any of the following        may appeal to the Building and Development
notices have been given may appeal to the court         Tribunal against any of the following-
against the decision in the notice-
                                                        (a) the refusal, or the refusal in part, of a
(a) a notice giving a decision on a request to              development application;
    change or cancel a condition of a development
    approval.                                           (b) a matter stated in a development approval,
                                    2                       including any condition applying to the
(b) a notice under section 6.1.44 giving a decision         development, and the identification of a code
    to change or cancel a condition of a                    under section 3.1.6;
                                                                                  3
    development approval.
                                                        (c) the decision to give a preliminary approval when a
    (2) The appeal must be started within 20                  development permit was applied for;
        business days after the day the notice of the
                                                        (d) the length of a period mentioned in section 3.5.21
        decision is given to the person.
                                                              currency period;
    (3) Also, a person who has made a request
                                                        (e) a deemed refusal.
        mentioned in subsection (1)(a) may appeal
        to the court against a deemed refusal of the       (2) An appeal under subsection (1)(a) to (d) must
        request.                                        be started within 20 business days (the “applicant’s
                                                        appeal period”) after the day the decision notice or
    (4) An appeal under subsection (3) may be           negotiated decision notice is given to the applicant.
        started at any time after the last day the
                                                            (3) An appeal under subsection (1)(e) may be
        decision on the matter should have been         started at any time after the last day a decision on the
        made.                                           matter should have been made.
Appeals against decisions to change approval            The Registrar for the Building and Development
conditions under the repealed Act                       Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a         http://www.localgovernment.qld.gov.au/
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.


2
     Section 6.1.44 (Conditions may be changed or
                                                        3
    cancelled by assessment manager or concurrence           Section 3.1.6 (Preliminary approval may override
    agency in certain circumstances)                        local planning instrument)
                                                                                            Page 7 of 7

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