Decision Notice - Change to an Existing Approval - 010.2006.00000823.003 [As Published] · 132006.823.03

                                                                                           2006/823

      A maximum penalty of $1,500 applies to an offence under this legislation.
6.    We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities
      under the Disability Discrimination Act (DDA) in regard to the installation of disabled access
      and the provision of disabled facilities, and that access to this building and the provision of
      sanitary facilities may need to comply with the requirements of Section D Part D3 and Section
      F Clause F2.4 of the Building Code of Australia.
7.    Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if
      the cost of operational works exceeds $80,000, then a portable long service leave levy is
      required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
      the approved form issued by the Building and Construction Industry (Portable Long Service
      Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
      declaration outlining the cost of the operational works must be submitted to Council with the
      lodgement of any application for operational works over the site.
8.    Council does not consider the use of the street name “Little Hastings Street” to be acceptable
      as it is confusing with the other street names of Hastings Street and Upper Hastings Street.
Building Services
9.    The plans for the proposed building work have not been assessed for compliance with the
      requirements of the Building Code of Australia as they relate to people with disabilities. Your
      attention is drawn to the matter that either or both the Disability Discrimination Act 1992
      (commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the
      proposed building work.
      Noosa 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
          AS1428.2;
      (b) Applicants should be aware that a “Disability Standard on Access to Premises is being
          developed and most likely will result in changes to the Building Code of Australia;
      (c) Any services and facilities in the building complex must allow independent, dignified and
          equitable use of the services and facilities for all people.
10.   At the date of adoption of The Noosa Plan, the siting of structures is nominated in Schedule 1.
      Land Use section will assess the siting of all structures.
11.   The following information is provided as a guide to assess the siting of the pools.
      11.1 The swimming pools on the two duplexes are proposed to be constructed with a
           setback of approximately 0 metres from the outermost projection to the front boundary.
      11.2 A swimming pool is a structure by definition and would generally need to comply with
           setback requirements applicable to a Class10B structure, under the planning scheme
           they may be considered as part of the landscaping elements applicable to the
           development.
      11.3    Swimming pools, where the minimum distance from the water to the road frontage is: -
             (A)    where the vertical distance to the coping above the finished ground level is not
                    more than 1.2m – 1.5m; or
             (B)    where a solid wall or fence at least 1.8m high above finished ground level is
                    constructed between the water and the road frontage and the top of the wall or
                    fence is at least1.0m above the top of the coping of the pool.
      11.4 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 52 of 59