Council archive · source document
Decision Notice - Concurrence Agency - EPA [As Published] · 132008.2078
Officer: Glen Conforti
Direct Telephone: (07) 5449 5379
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/2078
Your Reference: 213306
20 March 2009
Environmental Protection Agency
Contaminated Land Unit
GPO Box 2771
BRISBANE QLD 4001
Dear Sir
Decision Notice
Integrated Planning Act 1997
Your Department was a referral agency for the above application and provided a response to Council
in a letter dated 18 February 2009. On 19 March 2009, Council decided to approve the application in
full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/2078
Street address: 4 Piper Street, Peregian Beach
Real property description: Lot 407 P 93116
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: -
Plan / Rev. Plan / Document Name Date
Document No.
Sheet 1 of 11 Site Plan – Good Building Design 23 February 2009
Sheet 2 of 11 DC Sub Level Floor Plan – Good Building 23 February 2009
Design
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2008/2078
Sheet 3 of 11 DE Ground Level Floor Plan – Good 23 February 2009
Building Design
Sheet 4 of 11 DF First Level Floor Plan – Good Building 23 February 2009
Design
Sheet 5 of 11 DG Sub Level Dimension Plan – Good 23 February 2009
Building Design
Sheet 6 of 11 DG Ground Level Dimension Plan – Good 23 February 2009
Building Design
Sheet 7 of 11 DG First Level Dimension Plan – Good 23 February 2009
Building Design
Sheet 8 of 11 DF Elevations A & B – Good Building 23 February 2009
Design
Sheet 9 of 11 DF Elevations C & D – Good Building 23 February 2009
Design
Sheet 10 of 11 DF Section 1 – Good Building Design 23 February 2009
Sheet 11 of 11 Section 2 – Good Building Design 23 February 2009
836-01 Sheet 1 A Cover – Spice Consulting 14 February 2009
of 3
836-02 Sheet 2 A Sub-Level Stormwater – Spice 14 February 2009
of 3 Consulting
836-03 Sheet 3 A Ground Floor Stormwater – Spice 14 February 2009
of 3 Consulting
and as may be amended by these conditions and annotations on the plans.
2. 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.
3. The building height shall not exceed 8.0 metres above natural ground level and finished
ground level.
4. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of work confirming compliance with the maximum
allowable building height as required by either the conditions of approval or the Planning
Scheme.
5. Existing trees within the road reserve to the north side of the existing driveway shall be
retained, in particular the Alectryon coriaceous and Cupaniopsis anacardiodes species.
6. To ensure screening of the development 3 Banksia integrifolia (200mm pot size) shall be
planted to northern boundary adjacent the entry and foyer.
7. Dense landscaping, comprising a mix of native coastal species of ground cover, shrubs and
trees shall be provided to the whole of the rear boundary for a width of 2.5m and planted in
accordance with Council’s Landscaping Guidelines.
8. External colours and finishes of the building shall comprise of muted/environmental tones that
blend with the natural environment.
9. Gates must not be installed along the rear property boundary.
10. The rear fence shall incorporate the following:-
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2008/2078
10.1. Be no more than 1.2m in height.
10.2 Open construction (at least 50% transparent).
10.3 Lightweight materials (i.e. timber).
10.4 Dark colours to blend with the natural landscape.
11. All vegetation shall be protected from interference resulting from clearing or construction
activities by:
11.1 Clearly marking vegetation to be retained with flagging tape;
11.2 Installing protective fencing around the drip line of the vegetation;
11.3 Stockpiling, storage and vehicle parking occurs in already cleared areas and does not
cause interference with vegetation; and
11.4 Low impact construction techniques are used around vegetation to minimise
interference with the vegetation.
12. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
12.1 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.
12.2 Disposal for firewood.
12.3 Disposal for landscaping purposes.
12.4 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.
12.5 The Applicant is advised that other methods may be considered provided full details of
the method are submitted.
12.6 The applicant is advised that burning off is an unacceptable method of disposal.
13. A minimum of 20% of the site shall be retained as soft landscaping.
14. Security in the form of a cash bond or trading bank guarantee to the sum of $5000 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.
15. Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) shall
not be constructed under overhead electricity transmission lines, or within any easements.
Relevant Period
16. The Development Permit for a material change of use lapses if the use has not happened by
19 March 2013, unless an application to extend the relevant period is approved by Council.
Demolition or Relocation of Existing Dwelling
17. Infrastructure including reticulated water, sewerage, stormwater, and electricity are to be
protected from damage and made safe to the standard required by the regulatory authority;
18. All infrastructure must be disconnected, capped or sealed including:-
a) electricity meters removed and electrical wires disconnected; and
b) telephone lines are disconnected; and
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c) high speed data cables and television provider boxes are disconnected and removed to
the standard required by the regulatory authority;
19. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, must be removed from the building and disposed of in accordance with industry best
practice.
20. Waste generated during construction must be stockpiled in a centralised location and covered
as required to prevent material being blown onto adjoining properties including the road
reserve or food waste from generating vermin. All site waste must be disposed of to an
approved waste disposal facility either directly or via an approved waste receptacle and
collection service. Storage areas are to be located near the temporary access to the site so
that access can be gained with out damage to infrastructure.
21. All building materials containing asbestos products must be disposed on in accordance with
industry best practice.
22. A temporary crossing must be provided to protect road reserve infrastructure including kerb
and channel;
23. Any damage to footpaths, street plantings, kerb and channel or roadways at the removal site,
the relocation site or between the sites must be repaired or reinstated to at least pre-existing
conditions.
24. All disturbed areas must be revegetated or otherwise stabilised at the completion of the works.
Disturbed areas are revegetated using species identified in PSP3 – Landscaping Plants and
Guidelines.
25. The transportation of all materials to and from the site must be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying out materials either to
or from the site shall be covered to prevent materials including dust being windblown from the
vehicle.
26. A Waste Management Plan shall be submitted for the demolition to the Land Use Section of
the Sunshine Coast Regional Council – Tewantin office, prior to the development permit for
building works being issued. The Plan shall contain the following information:-
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated volume On-site *specify Off-site *Specify
materials (m³) proposed reuse or *specify contractor &
onsite recycling contractor & landfill site
methods recycling outlet
Excavation
material
Green waste
Bricks
Concrete
Timber –
please specify
Plasterboard
Metals – please
specify
Asbestos
Other – please
specify
NOTE: Details of site area to be used for onsite separation, treatment and storage (including
weather protection) shall be provided on the plan drawings accompanying your application.
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Land Development
Roof Water & Stormwater Drainage
27. Roof runoff from any new building shall be directed to 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 shall be
part of the plumbing application for approval. The location and capacity of the tanks shall be
clearly shown on the plans submitted for Building Works approval and any overflow shall be
directed to the Piper Street road frontage.
28. All stormwater drainage (including roof water overflow from the rainwater storage system)
shall be collected and discharged so there is no net increase in stormwater runoff from the
site. Stormwater drainage permitted to drain from the site shall be discharged as shown on
Drawing No. 836-01A, 836-02A, and 836-03A by Spice Consulting Construction Hydraulics
dated 14 February 2009.
The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street
drainage system at any one location is 25 litres/second.
29. All site stormwater drainage shall be by means of a gravity system.
Earthworks
30. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences or structures that border the development site. Fences that are affected shall be
replaced prior to the Building Certifier issuing the Certificate of Classification.
Site Stability
31. A Geotechnical Engineer or similar qualified expert shall 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 and recommend
any measures to prevent slumping during excavations. The recommendations of this report
shall be incorporated into the design and construction of the proposed development.
Erosion and Sediment Control
32. 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.
General
33. Any damage caused to any public utility during the course of construction shall be repaired to
Council’s standards and at no cost to Council.
34. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
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Referral Trigger Referral Status Referral Agency Referral Address
Site in an area for which Concurrence Environmental Contaminated Land Unit
area management Protection Agency GPO Box 2771
advice has been given BRISBANE QLD 4001
for unexploded
ordnance
A copy of any referral agency conditions is attached.
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
Sheet 1 of 11 Site Plan – Good Building Design 23 February 2009
Sheet 2 of 11 DC Sub Level Floor Plan – Good Building 23 February 2009
Design
Sheet 3 of 11 DE Ground Level Floor Plan – Good 23 February 2009
Building Design
Sheet 4 of 11 DF First Level Floor Plan – Good Building 23 February 2009
Design
Sheet 5 of 11 DG Sub Level Dimension Plan – Good 23 February 2009
Building Design
Sheet 6 of 11 DG Ground Level Dimension Plan – Good 23 February 2009
Building Design
Sheet 7 of 11 DG First Level Dimension Plan – Good 23 February 2009
Building Design
Sheet 8 of 11 DF Elevations A & B – Good Building 23 February 2009
Design
Sheet 9 of 11 DF Elevations C & D – Good Building 23 February 2009
Design
Sheet 10 of 11 DF Section 1 – Good Building Design 23 February 2009
Sheet 11 of 11 Section 2 – Good Building Design 23 February 2009
836-01 Sheet 1 of 3 A Cover – Spice Consulting 14 February 2009
836-02 Sheet 2 of 3 A Sub-Level Stormwater – Spice 14 February 2009
Consulting
836-03 Sheet 3 of 3 A Ground Floor Stormwater – Spice 14 February 2009
Consulting
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:-
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2008/2078
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. The applicant is advised that this approval does not relate to sewer main setbacks within the
site or adjacent to the site, as a Building Certifier will assess this during the Building
Application process and after consultation with Council’s Water & Sewerage section. All
Building Applications will need a site plan prepared & certified by a licensed surveyor clearly
illustrating the exact location of any sewer mains and the ‘zone of influence’ of these mains.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All Building Works
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
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2008/2078
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).
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,
Denis Wallace
SENIOR PLANNING OFFICER
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Referral Agency Conditions –
Environmental Protection Agency
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2008/2078
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[OCR of page images]
2008/2078
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. Concurrence Agency Response
Conditions of the development approval
No concurrence agency conditions need be attached to any approval.
Additional comments or advice about the application
The EPA has no record of this site being further investigated or remediated prior to its development
to date. Therefore, while no conditions apply, the applicant's attention is drawn to Defence’s
website advice i in regard to the procedure on n finding an object suspected of being UXO.
development v ich May:be- ‘tequifed ng ren other regislotion: State’ and/or: Cormonwealth?
Applicants areadvised to check with all relevant Statutory authorities for sich requirements.”
Enquiries: '
Ranald Scott, Project Manager (UXO) - “Environmental Protection Agency _-
| Ph: (07) 3224 5644 aoe (07) 3247°3278 email:contamland. uxo@epa. qid.gov.au ©
~ End of Concurrence Agency Response ~
a tek 7
roy Environimental Protection Agency
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2008/2078
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated
(6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to for the application are not available against the part of
development applications the approval that represents the concurrence agency’s
response for the code.
Appeals by applicants
Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following- 4.1.29.(1) An advice agency may, within the limits of
its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application
application; if-
(b) a matter stated in a development approval, (a) the development application involves impact
including any condition applying to the assessment; and
development, and the identification of a code
under section 3.1.6;1 (b) the advice agency told the applicant and the
assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for;
(2) The appeal must be started within 20 business
(d) the length of a relevant period; days after the day the decision notice or negotiated
(e) a deemed refusal. decision notice is given to the advice agency as a
(2) An appeal under subsection (1)(a) to (d) must submitter.
be started within 20 business days (the “applicant’s Appeals for matters arising after approval given
appeal period”) after the day the decision notice or (co-respondents)
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be development application, a person to whom any of the
started at any time after the last day a decision on the following notices have been given may appeal to the
matter should have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application extension of the relevant period for an approval;
may appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including minor change to an approval.
any conditions (or lack of conditions) or other (2) The appeal must be started within 20 business
provisions of the approval; or days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day approval resulted from a development application
the decision notice or negotiated decision notice is (superseded planning scheme) that was assessed as
given to the submitter. if it were an application under a superseded planning
scheme.
(3) If a person withdraws a submission before the
application is decided, the person may not appeal the (4) Also, a person who has made a request
decision. mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.
(4) If an application involves both impact
assessment and code assessment, appeal rights for (5) An appeal under subsection (4) may be started
submitters are available only for the part of the at any time after the last day the decision on the
application involving impact assessment. matter should have been made.
(5) If an application is processed under section Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the Appeals for matters arising after approval given
application are available only for the aspects of the (no co-respondents)
development that would have required public
notification under the repealed Act. 4.1.31.(1) A person to whom any of the following
notices have been given may appeal to the court
against the decision in the notice-
(a) a notice giving a decision on a request to change
or cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override
local planning instrument)
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2008/2078
(b) a notice under section 6.1.442 giving a decision to (d) the length of a period mentioned in section 3.5.21
change or cancel a condition of a development relevant period;
approval. (e) a deemed refusal.
(2) The appeal must be started within 20 (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision be started within 20 business days (the “applicant’s
is given to the person. appeal period”) after the day the decision notice or
(3) Also, a person who has made a request negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request. started at any time after the last day a decision on the
(4) An appeal under subsection (3) may be matter should have been made.
started at any time after the last day the decision on The Registrar for the Building and Development
the matter should have been made. Tribunal may be contacted at the website
Appeals against decisions to change approval http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
For Infrastructure Charges Only
decision made on an application to change the 4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under charges
section 2.19(3)or section 4.4 of the repealed Act may (1) This section applies to a person who has been
appeal to the court against- given, and is dissatisfied with, an infrastructure
(a) the decision; or charges notice or a regulated State infrastructure
(b) a deemed refusal of the application. charges notice.
(2) An appeal under subsection (1)(a) must be (2) The person may appeal to the court against the
started within 20 business days after the day notice of notice.
the decision is to be given to the person. (3) The appeal must be started within 20 business
(3) An appeal under subsection (1)(b) may be days after-
started at any time after the last day a decision on the (a) if the notice is given because of a development
matter should have been made. approval or master plan approval-the day the
Appeals against local laws applicant is given notice of the decision about the
approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions (b) otherwise-the day the notice is given to the
applied under a local law about the use of premises or person.
the erection of a building or other structure permitted (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court (a) whether a charge in the notice is so
against the decision or the conditions applied. unreasonable that no reasonable relevant local
(2) The appeal must be started within 20 business government, State infrastructure provider or
days after the day notice of the decision is given to the coordinating agency could have imposed it; or
applicant. (b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the appeal under this section can not be about the
Integrated Planning Act 1997 as follows: methodology used to establish the charge in the
relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval,
including any condition applying to the
development, and the identification of a code
under section 3.1.6;3
(c) the decision to give a preliminary approval when a
development permit was applied for;
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override
local planning instrument)
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