01072015144724 · MCU10/2065

Page 2

 

4. Location of the premises

Unit No. [StreetNo \7q | Street Growt Stree

Suburb Nloo sa State QLD | Postcode ASE
) : eld ai elon :
\\ SPoimag7a

 

    
 

      
 

         

 

 

 

 

 

 

 

5. Concurrence Agencies
Was there one or more concurrence agencies involved in the original approval?

 

Weswiovile details below

Note — Under $372 of the Sustainable Planning Act 2009 the person making the request is required to give a copy of this request to all
concurrence agencies.

‘Concurrence Oisy ee : a LS Date copy en aS

KAA Developmen Managers

 

  
 

 

 

 

 

 

 

 

6. Pre-request response notice ;

Has-a pre-request response been given by a relevant entity (e.g. a concurrence agency) for this request?
No QO Yes
If yes, please attach a copy of the notice.

7. Owner's consent

Is the owner's consent required for this request? O No
W Yes- complete either Table A or Table B below

Note ~ If more than one owner of the land all owners’ details are required

 

 

 

 

 

 

 

 

      

 

Owner's name/s

 

“lier ss owners hemels
c\\ Fave

MWe, the -povemotvones mine a the land, consent Fyyae ol The owner's written consent is attached.
to the making of this request.

BOLI ZZ

Date I“ T-AS

 

 

 

 

 

Signature/s

 

 

 

 

 

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Page 3

 

 

NOTES: For question 7 :

Under section 371. of the Sustainable Planning Act 2009, if the person making the request is not the owner of the land to which the

approval relates, the request must be accompanied by the owner's consent.

However, owner's consent is not required if the approval:

- relates to land the was acquisition land to which section 263(2)(d) of the Sustainable Planning Act 2009 applied when the
application for the approval was made; or

- is for building work or operational work for the supply of community infrastructure on land designated for the community
infrastructure, or

- the consent of the owner would not be required under section 263(1) of the Sustainable Planning Act 2009 if a development
application were made for the requested change.

Also, owner's consent is not required if the Assessment Manager is satisfied that:

- the number of owners of the land make it impractical to obtain owners’ consent, and the requested change does not materially
affect the owners’ land; or

- having regard to the nature of the proposed change, the owner has unreasonably withheld consent and the requested change
does not materially affect the owner’s land.

8. Does the request involve a State resource prescribed under the SustainablePlanning Regulation 2009,

 
 

Schedule 14?

 

Yes — complete below details

 

Nature of State owned resource:
Nature of Evidence required:
1 Evidence of allocation of / entitlement to, the resource O Evidence the chief executive has agreed to the request

 

 

 

Attach a copy of the evidence required above
NOTES: For question 8

Section 370(3) and (4) of the Sustainable Planning Act 2009 requires that if an application for the development approval were made at
the time of making this request and evidence under section 264(1) of the Sustainable Planning Act 2009 would be required to support
the application, this request must be accompanied by the written agreement of the chief executive from whom evidence would be
required under section 264(1).

Section 264 of the Sustainable Planning Act 2009 provides that if a development involves a State resource, a regulation may require
the application to be supported by certain evidence prescribed under regulation. Schedule 14 of the Sustainable Planning Regulation
2009 prescribes the State resources for which evidence is required to be given, and the evidence required, to support the application.

9. Declaration of applicant

\We, the applicant, declare that the above i correct in all respects, at the time of lodgement of this
--application-with-Gouncil--Should- any-of-the-d n-relation to this: application be“changedin’ the future; the
applicant shall advise Council in writing prior to any such change being implemented.

Signature/s | Date

 

 

  

 

 

 

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Page 4

 

 

 

 

 

 

 

 

 

 

 

 

Payment options

In person | 9 Pelican Street, Tewantin: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays).
By mail Cheque or money order to be made payable to Noosa Council.

 

 

 

 

 

C1 Cheque [C1 Money order jo Mastercard (0 Visa

All payments made by credit card will incur a 0.50% surcharge (exempt of GST) to reflect the cost of fees
charged for credit card transactions.

 

 

 

 

Page 4 of 4

Page 5

 

Friday, 5 August 2011

Our Ref: 100833 / Office: Sunshine Coast

 

Anthony and Lynelle Corkill
PO BOX 434
SOUTHTOWN QLD 4350

Dear Anthony and Lynelle

COUNCIL'S DECISION
MATERIAL CHANGE OF USE - DUPLEX
17 GRANT STREET, NOOSA HEADS

Please find enclosed a copy Council’s Development Approval for the abovementioned project. The
approval provides for a relevant period until 2 August 2015.

We consider the conditions to be generally standard in nature with the exception of the following:

Condition 10.3 — requires a minimum width of 500mm of screening vegetation along the southern
boundary. This cannot be achieved in the vicinity of the garage/driveway.

Condition 12 — the fencing setback requirement of this condition is contrary to that shown on the plan
and required under the planning scheme

Condition 22 — requires a 1.5m concrete footpath along the frontage of the site. I am not aware that
any other duplex in Grant Street has been required to provide this.

Under the provisions of the Sustainable Planning Act 2009 you now have twenty (20) business days,
concluding on the 30 August 2011 to make a representation to Council about conditions or lodge an
appeal with the Planning & Environment Court.

The appeal period can be suspended to provide further time to make a representation if required.

You should carefully read the conditions and if you have any doubts or queries please contact me for
clarification or to arrange suspension of the appeal period and preparation of a representation.

Should you have any questions with respect to the above, please do not hesitate to contact me direct.

Yours faithfully
KHA DEVELOPMENT MANAGERS

Scott Sobey
DIRECTOR

PLANNING | SURVEYING | PROJECT MANAGEMENT | COURT APPEALS

 

 

 

Brisbane Sunshine Coast North Queensisnd

Suite 1, 14 Lever Street, Albion Qid 4010 Suite 1, Corner Surf Road & Gardak Street 1C/41 Sturt Street, Townsville Qld 4810
PO Box 266, Albion DC Qld 4010 Alexandra Headland Qld 4572 PO Box 5027, Townsville Qld 4810

pl 0732621200 F | 0732621499 PO Box 6380, Maroochydore BC Qid 4558 pl 0747213066 Ff | 0747213088

Pp! 07 5443 2844 F | 07 5443 7146

Ken Hicks & Associates Pty Ltd ACN 010 278 823 ABN 74 308 405 611 trading as KHA Development Managers

Page 6

 

[00 §33

 

 

S hi C Sunshine Coast Regional Council T 67 5475 7272
U ns ine oast Locked Bag 72 F 07 5475 7277
C 1 | Sunshine Coast Mail Centre Q 4560 E [email protected]
oO U Nn Cl ABN 37 876 973 913 W www.sunshinecoast.qld.gov.au
——— eee ee ee ee eee eee ne mime me . eee eens suet nan tint eteee es eae emgage ene ann mam einem gm Ama .
4 SRTIVED Officer: Marcus Brennan
. Direct Telephone: 07) 5449 5331
& fuG 7011 Fax; (07) 8475 7277
. Response Address: Locked Bag 72, SCMC 4560
. K x : Our Reference: MBB:JLP:MCU10/2065
os — Your Reference: 400833
2 August 2011
Mr AD Corkill
C/- KHA Development Managers
PO Box 6380

MAROOCHYDORE BC QLD 4558

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009

| refer to your application and advise that on 2 August 2011 Council decided to approve the
application in full subject to conditions.

Details of the decision are as follows:

 

Application No: MCU10/2065

Street Address: 17 Grant St NOOSA HEADS QLD 4567
Real Property Description: Lot 11 SP 179879

Planning Scheme: The Noosa Plan (11 May 2009)

 
 

 

 

 

 

The following type of approval has been issued:

° Development Permit for Material Change of Use ~ Multiple Housing Type 2 (Duplex)

 

 

The relevant period for this development approval is identified in the assessment manager
conditions.

 

 

 

This development approval is subject to compliance with the following assessment manager
conditions: .

Caloundra Office Maroochydore Office Nambour Office Tewantin Office

1 Omrah Avenue 11-13 Ocean Street Cnr Currie and Bury Streets 9 Pelican Street

Caloundra Q 4551 Maroochydore Q 4558 Nambour Q 4560 P Fewantin Q 4565
age 1 of

PD-DA-FM384/1-13/04/2010

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MCU10/2065

PLANNING

4.

General

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 amended by these conditions:

 

 
 
 
   

 

  

an Na Q
Site Plan Level 1, prepared by EPS Design 14/07/11

 

 

Site Plan Level 2, prepared by EPS Design 44/07/11

 

“Level 1, prepared by EPS Design 14/07/11

 

Level 2, prepared byEPS Design =—S«14/07/11

 

 

Southeast & Northeast Elevations, prepared | 14/07/11
by EPS Design
. Northwest & Southwest Elevations, prepared | 14/07/11

06 by EPS Design i

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.

The requirements of this development approval are to be effected, prior to the use of
the premises. Council reserves the right to call upon the bond or guaranteed sum
referred to in this approval to effect compliance with conditions.

The developer. must obtain all of the other Development Permits referred to in the _
Decision Notice, prior to obtaining a Development Permit for Building Works.

 

 

 

 

 

 

 

Security Bond

5.

Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Operational Works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs

.-incurred-by-Council-in respect of enforcing performance. ofthis permit...

The requirements of this development approval are to be effected, prior to the use of
the premises. Council reserves the right to call upon the bond or guaranteed sum
referred to in this approval to effect compliance with conditions.

Building Design

7.

The building height of the development shall.not exceed 8m above the natural or

“finished ground level, whichever is higher, at any one point. -

The garage wall must be setback a minimum 200mm from the southeast boundary and
either:-

8.1. provided with battens as indicated on the approved plans which comply with
part 3.7.1 - Fire Separation of the National Construction Code; or

8.2. provided with an alternate fagade treatment that is approved by the
assessment manager prior to the premises being occupied; and

8.3. A fence shall be constructed along the boundary line, in front of the garage.

PD-DA-FM384/1-13/04/2010 Page 2 of 13

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MCU10/2065

Landscaping

9.

The open space and setback must:be landscaped in accordance with Council's Policy
on Landscaping Guidelines and a properly prepared landscape plan prepared by a
suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be
completed prior to the premises being occupied and maintained at all times thereafter.

10. The landscape .plans required to be submitted as part of the Operational Works
applications are to denote areas of existing vegetation or existing trees proposed, or
required to be retained, and shall include:

10.1. The frontage must be planted with densely growing native vegetation; .

10.2. 2.x 465 Litre street trees shall be located along the front boundary of the site.
Council recommends the planting of appropriate edible fruit tree varieties,
where practical;

10.3. Screening vegetation shall be provided around the perimeter of the site,
including the southern side boundary, with a minimum width of 500mm;

10.4. The rear and northeast boundary of the site is encumbered by a sewer lines
and the following species shall not be utilised for this planting:

10.4.1. Gum trees (particularly those that grow into large trees);
10.4.2. Fig trees; or
10.4.3. Lilly pilly trees.

41. Cleared vegetation is to be suitably processed by one of the following methods and
removed from the site: ~
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.

11.1... Disposal for firewood. :

- 11.2. Disposal for landscaping purposes.

11.3. 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. :

11.4. The disposal method for clearing works is to be submitted in conjunction with

"ain application fora Development Permit for Operational Work: The Applicant is ~
advised that other methods may be considered provided full details of the
method are submitted.

The Applicant i is advised that burning off is an unacceptable method of disposal.

Fencing

12. Front fencing shall be either setback at least 1 metre from the front property boundary,

with at least half of the fencing setback 2 metres; or, where on the property boundary, ~
less than 1.2 metres in height or of open construction.

Relevant Period

13.

The Development Permit for a material change of use lapses if the use has not
happened by 2 August 2015, unless an application to extend the currency is approved
by Council.

PD-DA-FM384/1~-13/04/2010 ‘ Page 3 of 13

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MCU10/2065 —

CIVIL ENGINEERING

Vehicle Access

14.

15.

16.

417.

A vehicular access driveway to serve the development must be constructed from the
Grant Street frontage of the site with a maximum width of 4.5m at the property
boundary.

The driveway must be designed and consiructed to Council’ 's design standards and to
grades that prevent vehicles from scraping and/or bottoming whilst also allowing ~
pedestrians movements along the footpath without any step or level difference.
Should any driveways be constructed to grades that do not comply with AS/NZS
2890.1+-2004, Council will require that the driveway be removed and reconstructed to
levels that do comply.

Please note, a step between the driveway and the footpath must be avoided, as it is
preferred to have the footpath continue at a constant grade to minimise the potential
for pedestrians to trip or fall:

To ensure pedestrian safety between vehicles exiting the site and pedestrians on the’
footpath, the driveway and any associated fencing or vegetation near the driveway
must comply with the minimum sight line requirements as defined in AS 2890.1,
section 3.2.4. The applicant must demonstrate compliance by illustrating these sight
lines on the plans submitted for both Operational Works approval and Building Works ©
approval.

All vehicles must enter and leave the site in a forward direction.

Car Parking

18.

19.

20.

Carparking must be provided within the site generaily as shown on drawing number A-
03 dated 14 September 2010 by EPS Design, except as modified herein.

The carparking area must be designed to comply with the provisions of AS/NZS
2890.1-2004 for user class 1A with allowance for vehicles to enter and leave the site in
a forward gear and-with a minimum head clearance (headroom) at any point of 2.2m. .

All carparking must be kept and maintained in a condition fit for use. .

Frontage Works

21.

22,

23.

24.

Footpath improvements such as topsoiling, grassing, and tree planting are required to

__ the Grant Street frontage of the site in accordance with Planning Scheme Policy
PSPO03 Landscaping Ph jants & Guidelines. Grass must be couch, free of weeds.

Anew 1.5m wide concrete path must be constructed along the Grant Street frontage of
the site in accordance with Council's design standards and fo an alignment that
protects any significant vegetation or any underground services.

All paths, driveways and parking areas must be designed and constructed: to ensure
pedestrian safety using non-slip materials, to produce an evenly graded surface finish,
and to be in accordance with the Disability | Discrimination Act 1992 and Australian
Standard 1428.1 Design for Access & Mobility.

All redundant vehicular crossings to the site must be removed and replaced by kerb &
channel, footpath paving and landscaping such as trees and grasses in accordance
with Council’s Standard specifications prior to commencement of the use permitted by
this permit.

PD-DA-FM384/1-13/04/2010 - : . . Page 4 of 13

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MCU10/2065

Roof Water & Stormwater Drainage

25,

26.

27.

28.

29.

The design of the internal stormwater drainage system must be in accordance with
Council’s Planning Scheme Policy 5 ~ Engirieering Design Standards — Roads,
Drainage and Earthworks and be sufficient to ensure that stormwater runoff from the
driveway and vehicle manoéuvring area does not adversely affect the proposed units
or any adjoining property.

Roof runoff from any new dwelling must be directed to a a rainwater storage system or
tank that is installed to ensure water from the rainwater storage system or tank is used
for external uses (such as watering gardens, irrigation, ornamental ponds, water
features, topping-up swimming pools, outdoor cleaning, etc) and for internal (ground
floor) use in washing machine cold taps and toilet cisterns. All rainwater tanks are to
be designed and installed in accordance with the Queensland Development Code
(QDC).current at the time of building approval, and must be part of the plumbing
application for approval. The location and capacity of the tanks must be clearly shown
on the plans submitted for Building Works and Operational Works approval and any
overflow must be directed to the stormwater drainage system.

All stormwater drainage (including roof water overflow from the rainwater storage
system) must be collected and discharged so there is no net increase in stormwater
runoff from the site. Stormwater drainage permitted to drain from the site must be
discharged to Council's existing drainage system.

To ensure that polluted run-off does not enter Council's stormwater drainage system,

stormwater run-off from the carparking areas and the driveways must have the first:

flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor/gross
pollutant trap provided. on site prior to being permitted to discharge into Council’s
drainage system.

Alt other clean stormwater, such as roof water, can be collected on site and discharged

through a single underground drain ‘line directly into the existing drainage system,

bypassing the grease/oll arrestor/gross pollutant trap.

To this end, a detailed maintenance plan must be prepared for the proposed grease/oil

__arrestors/gross pollutant trap, which must be submitted to the Council for approval prior

to obtaining a Development Permit for Operational Works. °

The approved maintenance plan must be incorporated in the Community Management
Scheme for.the development and a copy of this must be provided for Council s records
prior to commencement of the approved Use.

A Development Permit for Building Works must not be granted until a Development
Permit for Operational Works has been issued in regard to the drainage scheme.

All site stormwater drainage must be by means oF a gravity system.

Earthworks

30.

31.

Earthworks required onsite must 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 the blockage of, or interference
with, any natural watercourses.

Earthworks carried out on site must not affect the structural integrity of any of the
existing fences or structures that border the development site. Fences that are
affected must be replaced prior to the Building Certifier issuing the Certificate of
Classification. In this regard any fences to be replaced must be clearly shown on the
plans submitted for Operational Works approval.

PD-DA-FM364/1-13/04/2010 - : Page 5 of 13

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MCU10/2065

Site Stability

32.

A Geotechnical Engineer or similar qualified expert must assess the soil condition on
site, determine the soil classification, establish whether any measures are required to
protect the stability of adjoining buildings and/or structures and/or land, and make

" recommendations on the type of foundation system(s) best suited for the proposed

development. The recommendations of this report must be incorporated into the

‘design and construction of the proposed development.

Erosion and Sediment Control

33.

Any person acting on this permit shall prevent erosion and sediment export from
leaving the site. Site control measures such as silt fencing, controlled gravel access to
the:site and controlled disposal of waste, will be necessary.

‘In this regard plans detailing the methods of. controlling erosion and sediment are

required to be submitted to the Council for approval prior to obtaining a Development
Permit for Operational Works.

General

34.

35.

36.

37.

Digital detailed designs including drawings, calculations, specifications etc, must be
submitted with any application for a Development Permit for Operational Works in
respect of stormwater drainage works. The design must be in accordance with
Council’s Planning Scheme Policy PSP05 — Engineering Design Standards — Roads,
Drainage and Earthworks. To avoid. conflict with underground pipes or services, all
existing and proposed services. required by the development must be shown on the
plans.

’ Any damage caused to any public utility’ during the coursé of construction must be
‘repaired to Council’s standards and at no cost to Council.

Any alteration of any public utility or other facilities necessitated by the development of
the land or associated construction works external to the site must be at no cost to
Council.

The transportation of all materials to and from the site must be undertaken ina manner
such that no particle matter escapes onto a public road. All vehicles carrying materials os

" gither to or from the site must be covered to prevent materials including dust being

windblown from the vehicle.

 

HEALTHY PLACES

Noise Nuisance

38.

Noise emission from mechanical equipment shall comply with the following
requirements:

38.1. Air-conditioning and Refrigeration .
® 7am to 10pm: Maximum background + 5dB(A)
® 10pm to 7am: Maximum background + 3dB(A)

38.2. Pumps

® 7am to 7pm: Maximum background + 5dB(A)
e 7pm to 16pm: Maximum background + 3dB(A)

® 10pm to 7am: No audible noise.

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MCU10/2065

 

 

 

 

 

39. Submission of written certification from a suitably qualified person confirming that the
noise levels from all mechanical equipment comply when measured at either the
residential boundary or outside the most exposed part of an.affected building,
whichever is the closest to the equipment.

40. The assessment and certification is required immediately after installation of the

- equipment and prior to any occupation of the building, and in a format approved by.
_ Council. All equipment should be operating at the same time to test the overall noise
level created.

41. Advice: It is highly recommended that the person you engage to certify the installation
is involved at the plan development stage so they can-recommend where this
equipment is best located. They can also advise about noise enclosures and can make
other suggestions to avoid noise problems. it is a lot more costly to try and deal with

noise problems after everything is built.

42. Noise from residential building works shall comply with the following -

42.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
42.2. All reasonable measures are taken to minimise noise emissions.
42.3. Not permitted on Sunday or public holidays.

UNITYWATER ‘

43. The fire-fighting demand on Unitywater’s water supply system from the development
must not exceed 165 litres per second

44, Separate 25mm PE water services must be installed to a common lot boundary with
independent. meters: installed outside the boundary of the lot in accordance with
Unitywater Standard Drawing SCW 361

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

46. Buildings and other structures must maintain a minimum clearance of 1.5 metres from
Unitywater sewer mains, and 1.0 metre from sewer manhole chambers and inspection
openings

47, The storm water retention system must be located a minimum of 1. 5 metres from
Unitywater sewerage infrastructure

48. Stormwater pipes greater than 225mm diameter must maintain a minimum clearance
of 1.0 metre from Unitywater sewerage infrastructure

49. The level of the existing sewer manholes must be adjusted to suit the proposed

: finished surface levels. Work must be undertaken by Unitywater at the applicants cost
..§0.--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

51. Construction works undertaken in the vicinity of Unitywater water supply or sewerage

: infrastructure must not adversely affect: thé integrity of the infrastructure. All costs
associated with repair, replacement or alteration of infrastructure must be met. by the -
applicant

L&
Not Applicable
[:6. "APPR NS/DOCUMENTS .

 

 

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

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MCU10/2065

 

 

 

 

 

 

 

Approved Plans .
Plan : Rev. | Plan Name Date
Drwg No. A-01 Cc Site Plan Level 7, prepared by EPS Design | 14/07/11
Drwg No. A-02 c Site Plan Level 2, prepared by EPS Design | 14/07/14
Drwg No. A-03 - C | Level 7, prepared by EPS Design __ |. 14/07/11
Drwg No. A-04 Cc Level 2, prepared by EPS Design 14/07/11
Drwg No. A-05 D Southeast. & Northeast Elevations, | 14/07/11
prepared by EPS Design
Drwg No. A-06 B Northwest & Southwest Elevations, | 14/07/11
prepared-by EPS Design

 

 

 

 

 

 

 

These Advisory Notes do not form part of this approvai or the conditions attached thereto.
' The. following Advisory Notes are intended to provide guidance to the applicant where
necessary and inform the applicant of actions that Council may take with respect to the

development site or the approval:

CIVIL ENGINEERING

1. In this document, an effectively stabilised surface is defined as one that does not:
1.1." ‘have visible evidence of soil loss caused by sheet, rill or gully erosion or
1.2. lead to sedimentation, or
1.3. - lead fo water contamination.

2. Diverting clean stormwater runoff into a sediment basin is an inferior option to diverting
clean stormwater around or through the site because it will cause an increase in the
volume and frequency of contaminated releases from the sediment basin. For this
reason, diverting clean stormwater into a sediment basin is not acceptable unless the
proponent demonstrates that diverting clean stormwater around or through the site is
not feasible. : —

3. Compensatory controls are erosion controls, flow controls and sediment controls which
compensate for the lack of sediment basin and are applied such that the type, timing,
placement and management of controls. minimise the potential for water contamination
and environmental harm. This is primarily achieved by reducing the risk of erosion and :
subsequent sediment release, for example by turfing or mulching and managing
concentrated flows in the area. .

4. Research has shown that sediment basins designed on a “batch” or total storm capture
approach are only capable of treating a small percentage of the annual runoff volume
without basin size becoming excessive. Innovation in sediment basin design to
incorporate continuous flow treatment is likely to occur in the future and as this
technology becomes available in-best practice guidelines it is required that this
technology be adopted where a better water quality outcome will result. In the interim
the minimum basin size is as specified in the condition.

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MCU10/2065

Dewatered flows from sediment basins must be treated to ensure total suspended
solids concentrations of less than 50mg/L and that pH is within 6.5-8.5 unless it can
be' demonstrated that a non compliant release occurred to facilitate a better

‘environmental outcome. For example, higher total suspended solids concentrations

may be acceptable in circumstances where further rain is imminent and it can be
substantiated that releasing partially treated basin water which has a TSS ,
concentration exceeding the release limit, would minimise the total contamination
released from the site, by providing for the capture and treatment of expected runoff.
However, releasing waters from Sediment basins without treatment i is not acceptable.

UNITYWATER

Connection to Unitywater live water mains and the Unitywater live sewer system must-
be undertaken by Unitywater at the applicants cost.

A Trade Waste permit is required prior to any stormwater, groundwater or sump pump
discharge into Unitywater’s sewerage system.

STATE PLANNING REGULATORY PROVISION (ADOPTED CHARGES)

8. “This development permit may trigger an ‘Adopted Infrastructure Charge Notice’ (if
applicable) to be issued in accordance with Councils 'Adopted Infrastructure Charges
Resolution (No.1) 2011' under the State Planning Regulatory Provision (Adopted
Charges) and the Sustainable Planning Act 2009.

GENERAL . 5

Equitable Access And Facilities

9.

The plans for the proposed building work have NOT been assessed for compliance
with the requirements of the Building Code of Australia - Part D3 as they relate to
people with disabilities. Your attention is also directed to the fact that in addition to the
requirements of the Building Code of Australia —- Part D3 as they relate to people with
disabilities, one or both of the following may impact on the proposed building work:

(a) The Disability Discrimination Act 1992 (Commonwealth)

{b) — Anti-Discrimination Act 1991 (Queensland)

Sunshine Coast Regional Council. recommends that the following matters be
... considered.to-address-.equitable.access-and-facilities-in.the-building:-..

(a) The building and environs should be designed to meet the requirements of the
Human Rights and Equal Opportunity Commission “Advisory Notes on Access
_to Premises” and AS 1428.2

(b) Applicants should be aware that a “Disability Standard on Access to premises”

is currently being developed and most likely will impose changes on, the
Building Code of Australia :

(c) — Any services and facilities in the building complex should allow independent,
dignified and equitable use of the services and facilities for all people.

Aboriginal Cultural Heritage Act 2003

10.

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 afl reasonable and practicable measures
to ensure the activity does not harm Aboriginal cultural heritage." It is an offence to

_PD-DA-FM384/1-13/04/2010 . Page 9 of 13

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MCU10/2065

fail fo 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 Permit for Building Works.
e Development Permit for Operational Works (Access and/or Carparking, Stormwater
Drainage, Frontage Works, Site Filling, Landscaping; Erosion & Sediment Control).

 

 

 

 

Not Applicable

 

 

 

 

 

Not Applicable

 

 

 

 

 

 

 

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

During the appeal period, you as the applicant may suspend your appeal period and make
written representations to Council about the conditions contained within the development
approval. {f Council agrees or agrees in part 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 commence again from the start the day after you

"receive a “negotiated decision notice’. (Refer to Part 8 “Dealing with decision notices and
approvals” - Division 1 “Changing decision notices and: approvals during applicant's appeal
period” of the Sustainable Planning Act 2009.)

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Page 16

MCU10/2065

 

If you wish to obtain more information about Council's decision, electronic copies are available
on line at www.sunshinecoast.qid.gov.au, or at Council Offices.

 

Yours faithfully
CL\ IL

DENIS WALLACE |.
SENIOR DEVELOPMENT PLANNER

Enc: _ Adopted Infrastructure Charge Notice
. Approved Plans
Appeal Rights

PD-DA-FM384/1-13/04/2010 . Page 11 of 13

Page 17

 

i
i

 

MATERIAL CHANG

.- s , . " i | = h / :
S n I n c Coa st a eeaerghts AGT 2009 & SUSTAINABLE PLANNING

Regional Council :

REGULATION 2009

MCU10/2065:

  

 

 
    

e

 

E OF USE, RECONFIGURING A LOT &

OPERATIONAL WORKS

Division 8

461
(1)

(3)

462
(1)

 

(4)

. Negotiated decision notice is

463
Q)

to
and

Appeals to.
development
approvals

court relating
applications

Appeals by applicants

An applicant fora development application may appeal!

to the court against any of the following—

(a) the refusal, or the refusal in part, of the

development application;

(b) any condition of a development approval, another
Matter stated in a development approval and the
identification or inclusion of a code under section

242; .

the decision to give a preliminary approval when a

development permit was applied for; :

the length of a period méntioned in section 341;

(€) a deemed refusal of the development application,

An. appeal under subsection (1){@), (b), (c) or (d)'must

~ be started within 20 business days (the applicant’s

appeal period) after—_ . .

(a) if a decision notice or Negotiated decisicn notice
is given—the day the decision notice or
negotiated decision notice is given to the
applicant; or *

(b)  otherwise—the day. a decision’ notice was
required to be given to the ‘applicant.

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

(e)
(a)

Appeals by submitters—general

A submitter for a development application may appeal
to the court only against—

(a) the part of the approval relating to the
assessment manager's decisiori about any part of
the application fequiring impact assessment
under section 314; or

the part _of _th

....elating---to---the---~
nm under section

(b)

   

 

 

To the extent an appeal may be made under
subsection (1), the appeal may be against 1 or more of
the following— :
(a) .the giving of a development approval;
{b) any provision of the approval including—
(i) a condition of, or lack of Condition for, the
approval; or :
(i) the length of a period mentioned in section
341 for the approval.
However, a submitter may not appeal if the submitter—
(a) withdraws the submission before the application
is decided; or .
(b) has: given the assessment manager a notice
under section 339(1Xb\(ii).
The appeal must be started within 20 business days (the
submitter’s appeat Period) after the decision notice or
given to the submitter.

Additional and extended appeal rights for submitters
for particular development applications

This section applies to a development application to
which chapter 9, part 7 applies

PD-DA-FM3B4/1-13/04/2010

decision.

 

(2). A submitter of a properly made submission for the
, application may appeal to the court about a referral
agency's response made by @ prescribed concurrence
agency for the application. .
(3) However, the submitter may only appeal against a
referral agency's response to the extent it relates to—
(a) if- the prescribed concurrence agency is the chief
executive (environment)—development for an
aquacultural ERA; or

(b) if the prescribed concurrence agency is the chief
executive (fisheries)—development that is—
(@) a material change of use of premises for
aquaculture; or we
(ii) operational work that is the removal, damage
or destruction of a marine plant.
(4) Despite section 462(1), the submitter may appeal

against the following matters for the application even if

the matters relate to code assessment— .

(a) a decision about a matter mentioned ‘in section
462(2) if it is a decision Of the chief executive
(fisheries); :

(b) a referral agency's response mentioned in
subsection (2). .

. 464 Appeals by advice agency submitters

(1) Subsection (2) applies if an” advice agency, in its
response for an application, told the assessment
manager to treat the response as a properly made
submission.

(2) The advice agency may, within the limits of its
jurisdiction, appeal to the court about—

{@) any part of the approval relating to the assessment
manager's decision about any part of the
application requiring impact assessment under -
section 314; or
any part of the approval Telating to the assessment
manager's decision under section 327.

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

{b)

 

(4) However, if the advice agency has given the
.assessment manager a notice under section
339(1)(b)(ii), the advice agency..may.not -appeal-the

465 Appeals about decisions relating to extensions for
approvals - :

(1) For a development approval given for a development
application, a person to whom a notice is given under
section 389, other than a notice for a decision under
section 386(2), May appeal to the court against. the
decision in the notice.

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

(3) Also, a person who has made a request under section
383 may appeal to the court against a deemed refusat of
the request.

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

466 Appeals about decisio:
changes . :

(1) Fora development approval given for a develapment
application, the following persons May appeal to the
court against a decision on a request to make a
permissible change to the approval—~ -

s relating to permissible.

Page 12 of 13

Page 18

(2)

(3)

(4)

467

(1)

(2)

{a) if the responsible entity for making the change is the
assessment manager for the application—
{i) the person who made the request; or
_ (lf) 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. .
The appeal must be started within 20 business days aiter
the day the person is given notice of the decision on the
request under section 376.
Also, @ person who has made a request under section
369 may appeal to the court against a deemed refusal of
the request:
An appeal under subsection (3) may be started at any
time aiter the last day the decision dn the matter should
have been made.

Appeals about changing or cancelling conditions
imposed by assessment manager or concurrence
agency :

A person to whom a notice under section 378(9)(b) giving
a decision to change or cancel a condition of a
development approval-has been given may appeal to the
court against the decision in the notice. :

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

 

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MCU10/2065

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