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Recommendation - Noosa Iconic Panel - 010.2009.00001024.001 [As Published] · 132009.1024

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                                              Officer:          Glen Conforti
                                              Direct Telephone: (07) 5449 5379
                                              Response Address: Locked Bag 72
                                                                Sunshine Coast Mail Centre QLD 4560
                                              Email:            [email protected]
                                              Our Reference:    2009/1024
                                              Your Reference:
5 November 2009

Kristian Baker
Project Manager
Noosa Iconic Panel
PO Box 15009
CITY EAST QLD 4002



Dear Madam

                      Recommendation - Noosa Iconic Panel
                                 Iconic Queensland Places Act 2008

I refer to Application No. 2009/1024 as detailed below and wish to advise that Council completed an
assessment of the development application on 3 November 2009.
Council’s recommendation is set out below.

1        APPLICATION DETAILS

    Application No:                  2009/1024
    Street address:                  14 Ross Crescent, Sunshine Beach
    Real property description:       Lot 554 RP 48112
    Planning Scheme:                 The Noosa Plan
2        COUNCIL’S DECISION DETAILS

The following type of approval is recommended:
        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 recommended conditions.

4        COUNCIL’S RECOMMENDED CONDITIONS
1.        Development undertaken in accordance with this approval must generally comply with the
          approved plans of development. The approved plans are listed in the following table and as
          may be amended by these conditions.




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       Plan No,                Plan / Prepared By                                Date

                               Perspective – Chris Clout Design

       C1.0                    Ground Floor Plan - Chris Clout Design            26 June 2009

       C2.0                    Upper Floor Plan - Chris Clout Design             26 June 2009

       C3.0                    Elevations - Chris Clout Design                   26 June 2009

       C4.0                    Elevations - Chris Clout Design                   26 June 2009

Relevant Period
2.     The Development Permit for a material change of use lapses if the use has not happened by
       3 November 2013, unless an application to extend the currency is approved by Council.
Building Height
3.     The building height shall not exceed 8.0 metres above the natural and finished ground levels
       and 2 storeys in height.
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 the work confirming compliance with the
       maximum allowable building height as required by either the conditions of approval or the
       Planning Scheme.
Security Bond
5.     Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 must be
       submitted, to secure performance of all conditions of this approval, prior to the issue of a
       Development Permit for building works. The cash bond or trading bank guarantee will be
       returned on performance of the conditions of approval less any costs incurred by Council in
       respect of enforcing performance of this permit.
Landscaping and Vegetation
6.     The Pandanus tectorius tree located to the centre of the lot shall be relocated to a suitable
       location within the front setback.
7.     Existing trees on the site shall be retained, except where required to be removed due to
       building operations or the conduct of the approved use. In this regard:-
       7.1.     the Pandanus tectorius located to the north side of the front boundary shall be
                retained
       7.2.     all trees within the road reserve shall be retained
8.     Screening vegetation with a minimum pot size of 200mm consisting of native, endemic
       species with a mature height of not less than 3 metres shall be planted at a minimum of 2
       metre centres to the southeast boundary and southwest boundary in accordance with
       Council’s Landscaping Guidelines.
9.     A minimum of 20% of the site shall be retained as soft landscaping.
10.    All other vegetation shall be protected from interference resulting from clearing or
       construction activities by:
       10.1.    Clearly marking vegetation to be retained with flagging tape;
       10.2.    Installing protective fencing around the drip line of the vegetation;


                                                                                        Page 2 of 12

Page 3

       10.3.   Stockpiling, storage and vehicle parking occurs in already cleared areas and does
               not cause interference with vegetation; and
       10.4.   Low impact construction techniques are used around vegetation to minimise
               interference with the vegetation.
11.    Cleared vegetation is to be suitably processed by one of the following methods and removed
       from the site:
       11.1.   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.
       11.2.   Disposal for firewood.
       11.3.   Disposal for landscaping purposes.
       11.4.   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.
       11.5.   The applicant is advised that burning off is an unacceptable method of disposal.
General
12.    Buildings and structures (including swimming pools, sheds or outbuildings) shall not be
       constructed under overhead electricity transmission lines, or within any easements.
13.    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.
14.    External colours and finishes of the building shall comprise of muted/environmental tones
       that blend with the natural environment.
Earthworks
15.    Earthworks required on site shall be carried out in accordance with Council’s Planning
       Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional
       ponding of water on any adjoining lands or concentrate or direct overland flow on to an
       adjoining property.
Demolition or Relocation of Existing Dwelling
16.    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.
17.    All infrastructure must be disconnected, capped or sealed including:
       17.1.   electricity meters removed and electrical wires disconnected; and
       17.2.   telephone lines are disconnected; and
       17.3.   high speed data cables and television provider boxes are disconnected and
               removed to the standard required by the regulatory authority
18.    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.
19.    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.

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20.   All building materials containing asbestos products must be disposed on in accordance with
      industry best practice.
21.   A temporary crossing must be provided to protect road reserve infrastructure including kerb
      and channel.
22.   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.
23.   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.
24.   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.
25.   A Waste Management Plan (demolition) shall be submitted for Building Works Approval. The
      waste Management Plan (demolition) is required to be submitted in accordance with
      Planning Scheme Policy 11- Waste Management Plans. The Plan shall contain the following
      information:-

               A waste management table as indicated below is to be completed showing how
                waste material is to be segregated – recycled – reused or disposed.
           MATERIALS ON-SITE                       DESTINATION

                                                   Re-use and Recycling          Disposal

           Expected waste            Estimated     On-site *specify       Off-site *specify   *Specify
           materials                 volume (m³)   proposed reuse or      contractor &        contractor &
                                                   onsite recycling       recycling outlet    landfill site
                                                   methods



           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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            The purpose of the Waste Management Plan is to facilitate the segregation of waste for the
            effective reuse and recycling of such materials. Additionally, Council rewards those who
            segregate waste by significantly reducing disposal fees at the landfill with some items free.
            Higher gate fees are charged for loads of mixed waste.

5       REFERRAL AGENCY CONDITIONS

The referral agencies applicable to this application are:

 Referral Trigger             Referral Status    Referral Agency         Referral Address

 Unexploded Ordnance          Concurrence        Department         of   Ecoaccess     Customer
                                                 Environment       and   Service Unit
                                                 Resource                PO Box 15155
                                                 Management              CITY EAST QLD 4002

A copy of any referral agency conditions is attached.

6       APPROVED PLANS/DOCUMENTS

The plans and / or documents recommended for approval are listed in the following table:

 Plan No.          Plan / Prepared By                                          Date

                   Perspective – Chris Clout Design

 C1.0              Ground Floor Plan - Chris Clout Design                      26 June 2009

 C2.0              Upper Floor Plan - Chris Clout Design                       26 June 2009

 C3.0              Elevations - Chris Clout Design                             26 June 2009

 C4.0              Elevations - Chris Clout Design                             26 June 2009

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.       You are advised that the site is identified as a Koala Living Area under the Nature
         Conservation (Koala) Conservation Plan 2006 and Management Program 2006-2016 and
         may contain koalas. The use of a Koala Spotter is encouraged in areas where koalas are
         likely to occur, prior to the removal of Angophora, Corymbia, Eucalyptus, Lophostemon and
         Melaleuca species. Further information can be obtained from the Environmental Protection
         Agency at http://www.epa.qld.gov.au or phone (07) 3227 8185.
3.       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 5 of 12

Page 6

4.     For properties located in the catchment area for the Coastal Major Road Network
       Infrastructure Charges Plan, a Building Works application may trigger an Infrastructure
       Charge payable to Council in accordance with the Infrastructure Charges Plan and Chapter
       5 of the Integrated Planning Act 1997
Aboriginal Cultural Heritage Act 2003
5.     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:
Not applicable

12    SUBMISSIONS

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

Not applicable

14    OTHER DETAILS
A copy of all supporting and common material for the application, including Council’s planning
assessment report is available on PD Online at
http://rrif.noosa.qld.gov.au/masterviewpublic/modules/applicationmaster/default.aspx?page=wrapper
&key=013.2009.00001024.001




                                                                                       Page 6 of 12

Page 7

If you have any questions, please do not hesitate to contact me on 5449 5179.

Yours faithfully,



Denis Wallace
SENIOR DEVELOPMENT PLANNER




                                                                                Page 7 of 12

Page 8

Referral Agency Conditions
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




                                      Page 8 of 12


[OCR of page images]
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

|Sunshi

ne Coast _ Referral Agency Conditions
tr |

 

 

Notice

 

Concurrence Agency Response

This nouce is iesued oy the Department of Enyiranitiont ane Resayrce Management pursudnt 10 Secuions 3.3.16 and
3.3.18 of the integrated Planing Act 1997 fo advise of a deision or scion,

 

Chief Executive Officer . CC: Chris Cloul Design
. Sunshine Coast Regional Council PO Box 135
Locked Bag 72 NOOSA HEADS QLD 4566

SUNSHINE COAST MAIL CENTRE QLD 4560 :
‘ Attention: Dani Petrie

   
  

Atlention: Glen Confarti

Your reference: 2009/1024
Applicant reference: Letter of 23/09/08 ,
Bur reference. 344002 1
Fila refersncas: BNES6717

Dear Sirftdadam

Re: Application (No. 2009/1024} for development approval - Material Change of Use
Lots 554 on RP748112 - 14 Ross Crescent, SUNSHINE BEAGH

ee

The Department of Environment and Resource Management (DERM), acting as a concurrence
agency under the Integrated Planning Act 1997 provides the altached respunse for lhe subject
development application.

 

Further information relevant to this applrcation is as follows:

Applicant: _ Chris Clout Design

Council Application Number: 2009/1024

Area Management Advice (UXO) Number: AMA 8012

Date application received by EPA: 24 Septamber 2008

Relevant Laws and Policles: - Environmental Protection Act 1994 (EP Act)

- Integrated Planenng Act 1997

Jurisdiction: Protaction of the environment by managing :
the contamination of fand under the EP Act

 

Page 1 of 5 - AFOSC129 : -

; Queensland ,
‘Department of Environmant and Resource Managanwent y :
vaww.derm.qhd.gov.au Asn 486ea 224 ait sf) Government .

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emirorumental freaces sased pmueitita

Notice
Concurrence Agency Response

II would be appreciated if Council cauld provide a signed hard copy of the final Dacision Notice
(lo include any DERM concurrence conditions} issued by Council for this application te:
DERMs Cooaccess Customer Service Unit (Brisbane). PO Box 16155, CITY EAST QLD 4002.

and an electranic copy 10 ece. gecess@xierm,. gid. gov. au.
In addition, the State's Native Title Work Procedures indicale that responsibilily for assessment of
native title issues fur an IDAS applleation rests with the Assessment Manager. Therefore, the EPA
has not provided a notification regarding this application lo nalive tille parlios
For any enquiries. the details of Ure relevant contest officer/s are included in the response,
Yours si erely

ra

Land

“| pfofzess

 

 

Dale
Ranald Scott
Project Manager - UXO
Delegate of the Administering Authority
’
. n
Paga 20° S + AFORI109 Department of Environment and Resource Management

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ecoaccess

narrate! Aooazes and per
Notice

Concurrence Agency Response

 

Concurrence agency response
Sections 3.3.16 and 3.3.18 integrated Planning Act 1997

Development Gescription

o Reconfiguration of a Lot

3 Material Change of Use

where:

Oo the existing use of the land fs, or if the kand is vacant land with no existing use the most
recent use of the land was, for a notifi jable acilvily under the Fnvitonmental Protection

: Act 1994, ’

O .. the proposed use of the land is for vhitd care, educational, recreational, residential’ ‘or 7
similar purposes and the existing use of the land is, or if the land 1s vacant land vith no

- _ existing use the most recent use of the land was? for an industriat activity. 17

a the land is on the Environmental Management Register or Contaminatad Land Register
under tha Environmental Protection Act 7994.

Oo the land is vholly or partly within an area for which an Area Management Advice for
industrial activity or natural mineralisation has been issued and the propased use of the
jand ie for child cara, educational, recreational, residential or similar purposes.

the land is wholly or partly in an area for which an Area Management Advice for
unexploded ordnance has been issued.

The concurrence agency response Is that

The EPA is a concurrence agency for the applicaliun pursuant to the lollawing itam/s of the
inteyrated Planning Regulation 1998:

oO Nem 21(b), Table 2 of Schedule 2 of the integrated Planning Regulation 1999

8 Nem 12, Table 3 of Schedule 2 of the integrated Planning Regulation 7993

The application has been assessed and it has been decided that:
condilons must attach la any development approvat

any approval must be fer part only of the development
any approval must be a preliminary approval only

there are.o concurrence agency requirements

the application must be refused

_ coos

Reasons for inclusion of. development condi ions or refusal - , ,

Gia accordenne with sacton 3. Rr TB atthe fategratad Plank ng Act (997 atns section 278 of tire Acts frterprecition Act
1954, a concurrence response must include ceasons fora refuset ar for the inciusiog of develoumen! conditions.)

The site {the subject lot/s) is part ot an area of land within which the Department of Defence
(Defence) has assessed a ‘substantial risk of residual UXO contamination exists. Visit the Defence
website httpvAwww.detence.gov.au/uxo/ for delails.

Defence advises that development or land use rezoning proposals for land wilhin a ‘substantial’ zone
should only proceed following the conduct of UXO investigation and clearance activities. Defence
maintains g list of commercial UXO investigation and ramedial search contractors that it accredits to
carry out Ihis work.

Defence also recommends thal owners or occupiers of potentially affected land and workers and
contractors employed on ihe land need ta be aware of the procedure it a suspecl object is found.

 

Department of Enviraamem and Resource Management

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ecoaccess

Ream Tanta! ACIS Boxt peomes

Notice
Concurrence Agency Response

 

As DERM has no reeard ot ihe sile being further investigated or rernediated. itis cansidered Ihat
there remains a possibility af UXO being found on it.

However, DERM is also informed of the extent of developnrent lhat tias been carried out on the
site, Recause there ts niu racarded evidence ot UXO being found on this site during its
development to date or on adjoining sites that have been similarly developed, it is cunsidered thal
the potential for residual UXO to exist on the site is only slight.

Canditions of tha davelopment approval .
The follawing concurrence agency conditions are (a be attached to any approval:

1 . Any person employed to work on any excavation, earthwarks or scil disturbance related to
the subiect aa tl af the site is to be forewamed in writing by Ihe applicant,
coy foe aya toe 2 the

2. This ariel is Ho explain ‘hat information available to DERM indicates a slight potential for -
residual UXO axists on the site and work shoutd proceed with due caution. Itis to state the ~
procedure to be followed by any person finding an objec! suspected of being explosive —
ordnance or component thereof:

Do not disturh the abject.

Take action, where apprapriate, fo provenl it being disturbed by another person,
Note its approximate dimensions and gcneral appearance.

Nolé (ha route to its facation. -

Advise Ihe Polina as soon as possible.

onnee

2 Tha applicant is to notify DERM of any UXO or explosive ordnance component found on Lhe
site ag saon as possible after such an object is discovered,

3 At the compiction of any excavation, eanhwoarks or sail disturbance related to the subject
development, a written sfaterhent, signed by the principal conlaclor, is to be provided by the
applicant to DERM advising of any evidence of UXO or lack thercof and the extent of
earthworks conductad.

4 Prior fo Coandifign 3 being satisfied, no excavaled gravel, rock, sand or soil is to be removed
: from the site without watlen DERM approval.

: : . ¢ . ° °
§ The applicantis tc advise thé owner and.any occupier of the sile of the ebove
responsibilities. :

Additional comments or advice about the application.

Applicants may visit DERM's website hitp:/www.derm.glid.gov.au/ or visit he Defence websile
httouiwiyw.defence.gov.au/uxo! for the details of current UXO investigation and remedial search
contraclors DERM accepts reporis based on investigative and remedial work carried aul by these
contractors.

Applicants may choose to discuss, with DERM, an altemative to cay pliance with he above
conditions. Such alternative would involve the employmnt of a UXO contractor to complete an
invesligation and any necessary remedial action and to subsequently submit an investigation’
remediation report to DERM as part of the aporoval process. This would de with the view of having
DERM reassess the whole lot as being unaffected by UXO and for DERM to advise the appticant
and Council accordingly. Such reassessment may be possible where the repart contains sufficient

Page 4 of S « AFOBJIC9 . Department of Enviromvent and Kasource Management

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. ecoaccess

arvvermantay iepance and permis

Notice
Concurrence Agency Response

evidence for Defence's assessmeni, in regard to Ihe, particular lot, to be refuted, ar for the lat to
othynvise be considered remediated. Where there is insufficient evidence, such reassessment would
be unlikely,

Also, where the use of detection equipment by the UXO contractor, as part of the investigation. is
roade Impractical due to existing slructuras or metal waste in tne ground, the UXO contractor may be
limited to a visual inspection during excavation, etc, or lo screyning the gravel, rock, sand or soil as it
is excavated. Under thease circumstances. whilsi a greater cerlainty may be attached lo Kdentifying
any possible UXO, fram a salety perspective. the risk would be reduced not much more than it would
through complianes with the above conditions.

Additional information for applicants *

This concurrence response pursuant to the Environmental Protection Act 1994 applies only to”
contaminated land iss: ues and does not re move the need: to obtgin any further anproval for, this
development which may be required by this or othar legislation, Stale and/or Commonwealth.
Applicants are advised te check with all relevant statutory authorlies for such requiremants.

Enquiries:
Ranaki Scoll. Project Manager (UXO) — Ouparlincnt of Environment and Resource Management
Ph: (07) 5459 6129 Fax: {07} 54439927 email:contamland [email protected]

~ End of Concurrence Agency Response ~

Page Sof § - AFaah1o9 Department of Environment and Resource Management

Page 12 of 12

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