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Decision Notice - Change to an Existing Approval - 010.2004.00004206.001 [As Published] · 132004.4206.02

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                                             Officer:            Jack Lewis
                                             Direct Telephone:   (07) 5449 5294
                                             Response Address:   PO Box 141, Tewantin QLD 4565
                                             Email:              [email protected]
                                             Our Reference:      2004/4206
                                             Your Reference:
11 November 2008

NC Oliver Properties Pty Ltd
CARE Ken Hicks & Associates
PO Box 6380
MAROOCHYDORE BC QLD 4558



Dear Sir

                          Change to an Existing Approval
                                   Integrated Planning Act 1997

I refer to your request to make a change to an existing approval. On 11 November 2008 Council
decided your requested changes.
Details of the decision with the consolidated conditions are as follows:

1        APPLICATION DETAILS

    Application No:              2004/4206
    Street address:              126 - 132 Gympie Terrace, Noosaville
    Real property description:   Lot 1 MCH 3881, Lot 2 MCH 3881, Lot 3 MCH 3881 & Lot 9 MCH
                                 3881
    Planning Scheme:             The Noosa Plan

2        DECISION DETAILS
Council on 9 June 2005 decided to issue the following type of approval: -
       Development Permit for Material Change of Use - Duplex Dwelling x 4
       Development Permit for Reconfiguring a Lot - Boundary Realignment
In relation to representations, Council on 24 August 2005 decided to:
A.      Approve a change to Conditions 13, 25 & 59
B.      Issue a Negotiated Decision Notice
In relation to your request to extend the relevant period for the above development approval, Council
on 11 November 2008 decided to:
A.      Extend the relevant period until 28 June 2011
B.      Approve a change to Condition 9
C.      Issue a Decision Notice - Change to an Existing Approval




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Full text of the other 13 pages

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3    RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4    ASSESSMENT MANAGER CONDITIONS

1.   Development undertaken in accordance with this approval must generally comply with the
     approved plans of development. The approved plans are labelled: Proposed Unit
     development, Hilton Terrace, Preliminary Design; numbered PD01A, PD02A, PD03A, PD04A,
     PD09, PD10, PD11, PD12; prepared by Middap Ditchfield Architects Pty Ltd and dated
     February 2004 and as may be amended by these conditions.
2.   The roofing of the garages shall be extended to provide a minimum eave overhang of 300mm
     towards Gympie Terrace.
3.   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.
4.   The open space and setback areas are to 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 and shall include: -
     1.1   The retention of the existing native trees along the western boundary of the proposed
           Lot 1;
     1.2   The relocation of the pandanus tree on site; and
     1.3   Mature planting along the Mill Street and Gympie Terrace road frontages incorporating
           2 x 100 litre native trees to Mill Street and 1 x 100 litre tree per duplex to the Gympie
           Terrace frontage. The species are to be consistent with existing street trees within this
           locality.
     The Landscape Plan is to detail the proposed protection measures for retained existing trees
     to be used during construction.
5.   Any fencing provided in conjunction with the development is to be setback at least 1 metre
     from the road frontage with at least half of any fence setback 2 metres. Dense landscaping is
     to be provided between the road frontage and any fencing.
6.   Existing trees on the site and within road reserves are to be retained except where required to
     be removed due to building operations or the conduct of the approved use. The landscape
     plans required to denote the areas of existing vegetation or existing trees proposed or required
     to be retained.
7.   Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 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 of this permit.
8.   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.
9.   The Development Permit for a material change of use of premises lapses if the use has not
     happened by 28 June 2011, unless an application to extend the relevant is approved by
     Council.


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10.   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.
11.   All hot water systems installed shall be either solar systems; electric heat pump systems or
      gas systems (LPG or natural).
12.   The proposed development shall have all kitchen, laundry and bathroom fittings that comply
      with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water
      Efficient Products – Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and
      Drainage Standard Part 1.2), with toilets to comply with AAAA Water Conservation Rating
      System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.
      Dishwashers, baths, spa baths and washing machines are excluded from this requirement.
13.   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
      minimum floor level required by the provisions of the Planning Scheme, and the maximum
      building height above natural ground level of 8.5m in accordance with the approved plans.
Land Development
14.   For the purpose of these conditions: -
      1.4   A Plan of Survey means the plan for the reconfiguration of a lot required to be
            approved by Council pursuant to S3.7.1 of the Integrated Planning Act 1997.
      1.5   A registered Professional Civil Engineer means an civil engineer who is listed under
            the Institution of Engineers, Australia “National Professional Engineers Register 3”
            (NPER 3) or an engineer who is registered in Queensland pursuant to the Professional
            Engineers Act 1988.
      1.6   The person acting on this permit means any person or company who undertakes
            development pursuant to this permit.
      1.7   Principal Contractor means the person nominated by the Applicant and approved by
            the Manager - Land Development at a pre-start meeting as being responsible for the
            major component of works associated with a Development Permit for Operational
            Works of any works on the site.
15.   The lot reconfiguration shall be in accordance with plan 03014A.DWG dated 19/03/2004,
      prepared by Noosa Mapping & Surveys Pty Ltd, except as modified herein and subject to
      Council endorsement of the Plan of Survey.
16.   A registered easement shall be created over the zone of influence of all Council sewer mains
      within the subject site and over those parts of the subject site that are impacted upon by
      sewers on any adjoining sites. The easements shall generally be parallel to and centred over
      the sewer main and be equivalent in width to twice the depth to invert level of the sewer at the
      deepest point within the allotment (measured from the finished surface) and be no less than
      3.0 metres wide. In this regard a licensed surveyor shall accurately locate all sewer mains
      and determine the necessary width of the easement, which shall be shown on any plans
      submitted for Operational Works / Building Works approval and on the Plan of Survey to be
      submitted for Council’s endorsement. To this extent the surveyor shall certify that the sewer
      and the zone of influence is wholly contained within the easement to be created.
17.   Prior to the endorsement of the Plan of Survey, the Applicant’s Solicitor shall give Council’s
      Solicitor an appropriate undertaking in writing that in conjunction with lodgement of the Plan of
      Survey at the Land Titles Office, the Title Deed and the easement documents will also be
      lodged and any additional Titles Office forms or requisitions requiring the consent of Council
      will be attended to forthwith.
18.   In conjunction with the lodgement of the Plan of Survey for Council endorsement, legal
      documentation shall be presented to Council and shall be submitted in the correct form with
      fees prescribed in Council’s adopted fee schedule.
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19.   A registered easement shall be created over any stormwater drainage pipes within any
      allotments that collect stormwater from any other allotments or an adjoining property (for
      example, where drainage pipes are provided within the site to prevent adjacent properties
      from ponding/flooding due to the subject site being filled).
20.   Legal documentation to be presented to Council as a requirement of this Development Permit
      shall be submitted in the correct form, with the fees prescribed in Council's adopted fee
      schedule, at least fourteen (14) days prior to any request being made for the endorsement of
      the Plan of Survey.
21.   All outstanding rates and charges due and payable to Noosa Council in respect of the lots
      being reconfigured shall be paid prior to endorsement of the Plan of Survey.
Vehicle Access and Carparking
22.   Vehicular access easement driveways to serve the site shall be constructed from the Gympie
      Terrace and Mill Street frontages of the site with a maximum width of 6.0 metres as indicated
      on plan 03014A.DWG by Noosa Mapping & Surveys Pty Ltd.
23.   The driveway shall be designed and constructed 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 level difference. Should any driveways be
      constructed to grades that do not comply with AS2890.1-2004, Council will require that the
      driveway be removed and reconstructed to levels that do comply. A Development Permit for
      Operational Works shall be required.
      Please note, a step between the driveway and the footpath shall 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.
24.   All vehicles shall enter and leave the site in a forward direction.
25.   A vehicular access driveway to serve the site shall be constructed generally in accordance
      with the approved plan numbered PD01-A, dated February 2004, and prepared by Middap
      Ditchfield Architects Pty Ltd, except as modified herein or in a future Development Permit for
      Operational Works.
Easement for Vehicle Access Services
26.   An access and services easement for vehicle access and services shall be created over the
      proposed driveway and visitor parking spaces that gives reciprocal access right to all Lots.
      The easements shall be of suitable width to allow for the full width of the driveway to be used
      and to accommodate all driveways and parking areas stormwater collections and pipelines.
      In this regard, plans submitted for Operational Works approval shall accurately show the
      location of the easement.
27.   The garbage bins enclosure shall be fully located within the Access and Services Easement.
Vegetation Protection
28.   The applicant shall take all reasonable measures to protect the existing trees within the road
      reserve near the fence line in Mill Street; the proposed fence near these trees shall be
      designed and constructed in a manner that will not harm the trees or their root system.
Frontage Works
29.   Footpath improvements such as topsoiling, grassing, and tree planting are required to both of
      Gympie Terrace and Mill Street frontages of the site in accordance with Planning Scheme
      Policy PSP1 Landscaping Guidelines. Grass shall be couch, free of weeds.




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30.   A new 2.0 metre wide concrete path shall be constructed along Gympie Terrace and frontage
      and a 1.5 metre wide concrete path along Mill Street frontage of the site in accordance with
      Council’s design standards and to an alignment that protects any significant vegetation or any
      underground services. A Development Permit for Operational Works shall be required.
31.   All paths shall be designed and constructed to ensure pedestrian safety using non-slip
      materials and to produce an evenly graded surface finish.
32.   All redundant vehicular crossings to the site shall be removed. Kerb & channel shall be
      replaced for the full Gympie Terrace frontage of Lots 2, 3 & 4 (approx 51 metres). Also, all
      redundant kerb drainage outlets from the site shall be removed.
33.   Kerb & channel, footpath paving and landscaping such as trees and grasses shall be carried
      out in accordance with Council’s Standard specifications.
Stormwater Drainage
34.   All stormwater drainage shall be collected on site and discharged to Council’s existing
      drainage structures in both Gympie Terrace and Mill Street, generally in accordance to plan
      04601- C1 issue A dated 22/09/2004. Detailed plans of the drainage design shall be prepared
      by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a
      Development Permit for Operational Works.
35.   The drainage design shall include adequate scour protection at the stormwater outlet into the
      open drain in Mill Street.
36.   To ensure that polluted run-off does not enter Council’s stormwater drainage system,
      stormwater run-off from the carparking areas and the driveways shall have the first flush (the
      first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor provided on site prior to
      being permitted to discharge into Council’s drainage system.
      All 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/oil arrestor.
      To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
      arrestors, which shall be submitted to the Council for approval prior to obtaining a
      Development Permit for Operational Works.
      The approved maintenance plan shall be incorporated in the Community Management
      Schemes for the development and a copy of this shall be provided for Council’s records prior
      to commencement of the approved Use.
      A Development Permit for Building Works shall not be granted until a Development Permit for
      Operational Works has been issued in regard to the drainage scheme.
37.   All site stormwater drainage shall be by means of a gravity system.
38.   All common use drainage pits and pipelines shall be located within a drainage or services
      easement.
39.   All stormwater drainage lines including inter-allotment drainage shall be inspected by closed
      circuit television (CCTV) prior to commencement of the approved Use.
40.   CCTV inspection will be carried out by Council's CCTV contractor and arranged by Council
      following satisfactory completion of construction works. The developer will be responsible for
      the full cost of CCTV inspection, including any additional inspection necessary following defect
      identification and rectification. This charge is payable prior to the issue of Operational Works
      approval and will be determined on the unit rate basis current at the time of approval.




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Sewer Mains
41.   All lots shall be connected to Council’s existing sewerage manhole (NV02/01/02) via a
      separate sewer line to be constructed within the site parallel to the rear boundary line in
      accordance with Council’s standards and requirements at no cost to Council. A Development
      Permit for Operational Works shall be required.
42.   All redundant House Connection Branches (HCB) from the site shall be capped.
43.   All common use (private) sewer pipelines shall be located within an easement which ensures
      that enough width is available to perform maintenance. No structures are to be constructed
      within the easement.
Town Water Supply
44.   All Lots shall be connected to Council’s existing town water supply and be constructed in
      accordance with Council’s standards and requirements at no cost to Council.
45.   Each water connection to the water reticulation system shall extend to the property boundary
      and be metered. Where multiple units are served by a single service, multiple water meters to
      each individual unit shall be installed. All fees for the supply of water meters shall be paid to
      the Council.
Earthworks
46.   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 plan endorsement. In this regard any fences to be replaced shall be clearly
      shown on the plans submitted for Operational Works approval.
47.   Filling works required on site shall be carried out in accordance with Section 3.8 of Council’s
      Engineering Design Standards Manual and so as not to cause the ponding of water on any
      adjoining. Detailed site surveys indicating natural surface levels and contours of the adjoining
      properties must be provided with the application for a Development Permit for Operational
      Works for Filling and Drainage.
      This may require the design and construction of drainage pipes and/or an overland flow-path
      within the development site that caters for drainage from the adjoining sites for a design storm
      with an Average Recurrence Interval of 1 in 100 years. A private easement for the Drainage of
      Water encompassing the drainage pipes or/and overland flow-path will also be required. In this
      regard a Development Permit for Operational Works shall be obtained.
      Should evidence be provided to Council indicating that No Ponding of stormwater will occur on
      the adjoining properties the requirement for the drainage pipes, overland flow-path and
      easement in relation to ponding on neighbour’s property shall not apply.
Site Stability
48.   A Geotechnical Engineer or similar qualified expert shall assess the condition on site and
      determine the soil classification of the existing ground soil and the filling work to establish
      whether any measures are required to protect the stability of adjoining buildings and/or
      structures, and make recommendations on the type of foundation system(s) best suited for the
      proposed development taking into consideration the proposed filling of the site. This
      information shall be submitted to the Council for assessment and approval prior to obtaining a
      Development Permit for Operational Works.
Erosion and Sediment Control
49.   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.


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50.   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
51.   A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
      specifications for all engineering works, which shall be submitted in conjunction with an
      application for a Development Permit for Operational Works. In this regard a DXF/DWG file
      on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with
      any application for Operational Works.
52.   Digital detailed design drawings and calculations shall be submitted with any application for a
      Development Permit for Operational Works in respect of roadworks and stormwater drainage
      works. To avoid conflict with underground pipes or services, all existing and proposed
      services required by the development shall be shown on the plans.
53.   To facilitate production of As Constructed drawings it is suggested that all design drawings are
      submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the
      use of ADAC are available at www.adac.com.au).
54.   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.
55.   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.
56.   The transportation of all materials to and from the site shall be undertaken in a manner such
      that no particle matter escapes onto a public road. All vehicles carrying materials either to or
      from the site shall be covered to prevent materials including dust being windblown from the
      vehicle.
57.   As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer
      for design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and
      type of all services and structures. All of which shall be submitted to Council for checking and
      for Council’s records.
      The data must fully detail levels for all engineering works including but not limited to drainage
      structures, finished ground levels and pavement surface levels. The data shall be submitted in
      the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC
      are available at www.adac.com.au).
      Approval of the completed works shall not be granted until all As Constructed information has
      been supplied and accepted by Council.
River Flooding
58.   All buildings proposed on site (and areas utilised for carparking purposes associated with the
      buildings) shall be constructed to comply with Council’s Minimum Floor Height requirements
      as defined in Council’s Planning Scheme and on Council’s Scheme Maps at the time of issue
      of the Building Permit.
      In this regard and as an indication only - should have a Minimum Floor Height of RL 2.8m
      (AHD). These levels however are subject to change and verification shall be made to Council’s
      Land Development Section prior to obtaining a Development Permit for Building Works.
Carparking
59.   A minimum of 16 covered carparking spaces shall be provided on site generally in accordance
      with the approved plan numbered PD01-A, dated February 2004, and prepared by Middap
      Ditchfield Architects Pty Ltd, except as modified herein.
60.   A minimum of 16 covered carpark spaces shall be provided on site.
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61.   The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 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.
62.   All carparking shall be kept, maintained and line-marked in a condition fit for use.
Sewer
63.   The bins enclosure shall be provided with a gully pit connected to the sewer system.
64.   The existing sewer main that traverses the northwest corner of the site and the ‘zone of
      influence’ (taken as the area within a 45-degree angle measured from the invert of the sewer
      main to the finished surface level) of the sewer main shall be accurately located and
      determined by a licensed Surveyor and shown on all plans submitted for Operational Works
      approval.
      To ensure Council’s sewer main is accessible for maintenance purposes and is protected from
      risk of damage no structures requiring a building permit (eg. buildings, swimming pools,
      retaining walls, raised terraces, etc) shall be constructed within this ‘zone of influence’ and as
      such the applicant shall amend Operational Works plans including Building plans to ensure
      compliance.
      Therefore the layout of the proposed pool and terrace on proposed Lot 1 at the rear of unit 1
      shall be modified to ensure compliance with the above.
Service Easements
65.   No building or other structure shall be constructed or encroach over an easement. Any
      building or structure within proximity of an easement or any other public utility’s underground
      must have its foundations designed so that no surcharge loads are imposed upon such
      underground infrastructure. Foundations must be taken down a minimum of 1 metre below a
      line of influence measured 1 metre in the direction of the foundation from the centreline of the
      closest underground service and along the natural angle of repose of the foundation soil
      type(s).
      Plans, and supportive documents, detailing these proposed foundations shall be designed by
      a registered practicing Geotechnical Engineer and submitted with the application for a
      Development Permit for Operational Works.
Environmental Health
66.   The developer must provide a suitably screened imperviously paved area large enough for all
      refuse and recycling containers. A roofed wash down area is required with a cold-water tap,
      hose and drain outlet connected to sewer.
67.   Refuse containers must be provided in accordance with the requirements of the Environmental
      Protection (Interim Waste) Regulations 1996 and (Waste Management) Regulation 2000, for
      the storage and collection of refuse.
68.   A Waste Management Plan is to be submitted for specified developments as determined by
      the Manager Environmental Health Services for the day to day operation of the complex. The
      Waste Management Plan is to be submitted to Council and approved prior to the issue of a
      Development Permit for operational works.
69.   The Waste Management Plan Strategy will include the following information:-
             The types of waste that will be generated from the activities approved within the
              development.
             Estimated volumes or tonnage of recyclables within the generated waste stream
             Estimated volumes or tonnage of waste generated from the activities.
             Methods to be used for dealing with garden waste.
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             Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.
             Description of procedures involving disposing of refuse to bins; the storage of bins and
              the collection of bins by the contractor and who is responsible for each transfer of the
              waste.
             A description of the design details of waste storage and recycling areas including
              methods of prevention of storm water contamination. To be high lighted on plans.
             A description of types and volume of waste storage containers to be used.
      A detailed description of access to waste collection area for waste collection vehicles to the
      bin collection area. To be high lighted on plans.
70.   The developer shall submit to Council a Waste Management Plan for the construction or
      demolition phase of the development prior to the issue of a Development Permit for
      Operational Works. The Waste Management Plan is to contain the following information:
       MATERIALS ON-SITE                  DESTINATION
                                          Re-use and Recycling             Disposal
       Expected     waste    Estimated    On-site            Off-site            *specify
       materials             volume       *specify proposed *specify             contractor         and
                             (m³)         re-use or on-site contractor      and landfill site
                                          recycling          recycling outlet
                                          methods
       Excavation
       material
       Garden Organics
       Bricks
       Concrete
       Timber-please
       specify
       Plasterboard
       Metals - please
       specify
       Other - please
       specify

      Note: Details of site area to be used for onsite separation, treatment and storage (including
      weather protection) should be provided on the plan drawings accompanying your application.
71.   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, dust or odour nuisance or any other emissions in accordance with the nuisance
      provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such
      offences.
72.   Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or
      located in a manner which prevents a noise nuisance beyond the subject land in accordance
      with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot
      fines apply for such offences.
73.   Noise emission from air conditioning equipment shall comply with the following requirements:
      1.8   The equipment shall be installed and located in a manner which prevents noise
            nuisance beyond the subject land in accordance with the nuisance provisions of the
            Environmental Protection Regulation 1998 and Council’s Local Law No. 12 - Control of
            Nuisances. Infringement Notices (on-the-spot fines) may apply for offences.


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       1.9   Submission of written certification from a suitably qualified person confirming that the
             noise levels comply when measured at the nearest residential boundary. This is
             required immediately after installation of the equipment and prior to any occupation of
             the building, and in a format approved by Council.
       1.10 A person must not use equipment on any day if it makes or causes noise to be made –
             1.10.1    Before 7am or after 10pm: More than the lower of either –
                        40 d(B)A
                        3 d(B)A above the background noise level
             1.10.2    From 7am to 7pm: More than the lower of either –
                        50 d(B)A
                        5 d(B)A above the background noise level
             1.10.3    From 7pm to 10pm: More than 3 d(B)A above the background noise level.
Building
74.    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
       minimum required floor level required by the provisions of the Planning Scheme.
75.    All buildings and structures are to be 1.5 metres clear of the sewer or the equivalent distance
       as per the zone of influence, which ever is the greater distance.

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

 Referral Trigger            Referral Status     Referral Agency        Referral Address

 Nil

6      APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the Assessment
Manager conditions.

7      ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.     Payment via credit card transaction will not be an acceptable method of payment for
       development contributions conditioned in this permit or for infrastructure charge notices issued
       separately.
2.     The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from
       making noise from:-
       1.11 Monday to Saturday, before 7:00am or after 6:30pm
       1.12 Sunday or public holiday, at any time.
       A maximum penalty of $1,500 applies to an offence under these provisions




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3.    In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint,
      cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where
      it could reasonably be expected to move into a roadside gutter, stormwater drain or a water
      course. On the spot fines apply for such offences.
4.    The Building shall comply with the requirements of the Building Code of Australia Section C
      with respect to Class 2 Buildings.
5.    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.
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.
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 Operational            Access, Carparking, Site Civil Works, Site Filling,
 Works                                         Stormwater Drainage, Frontage Works, Sewer
                                               Reticulation (Including New Mains) and Landscaping

 Development Permit for Building Works         All Building Works

11    SELF ASSESSABLE CODES
Not applicable

                                                                                       Page 11 of 14

Page 12

                                                                                    2004/4206


12     SUBMISSIONS

There were no properly made submissions about the application.

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

14     RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.

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.

DECISION NOTICE HISTORY
 Original Decision Notice issued 9 June 2005.
 Negotiated Decision Notice issued 24 August
  2005 with amendment to Conditions 13, 25 &
  59.
 Change to an Existing Approval issued 11
  November 2008 with amendment to Condition
  9.
Yours faithfully,



Kerri Coyle
MANAGER – LAND USE




                                                                                 Page 12 of 14

Page 13

                                                                                                       2004/4206


                                                        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
                                                                    for the application are not available against the part of
Division 8 - Appeals to                court   relating   to        the approval that represents the concurrence agency’s
development applications                                            response for the code.
Appeals by applicants                                               Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application               4.1.29.(1) An advice agency may, within the limits of its
may appeal to the court against any of the following-               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 if-
      application;                                                  (a) the development      application   involves    impact
(b) a matter stated in a development approval, including               assessment; and
      any condition applying to the development, and the            (b) the advice agency told the applicant and the
      identification of a code under section 3.1.6;1                   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 currency period;                                days after the day the decision notice or negotiated
                                                                    decision notice is given to the advice agency as a
(e) a deemed refusal.                                               submitter.
    (2) An appeal under subsection (1)(a) to (d) must be            Appeals for matters arising after approval given
started within 20 business days (the “applicant’s appeal            (co-respondents)
period”) after the day the decision notice or negotiated
decision notice is given to the applicant.                          4.1.30.(1) For a development approval given for a
                                                                    development application, a person to whom any of the
    (3) An appeal under subsection (1)(e) may be started
                                                                    following notices have been given may appeal to the
at any time after the last day a decision on the matter
                                                                    court against the decision in the notice-
should have been made.
                                                                    (a) a notice giving a decision on a request for extension
Appeals by submitters
                                                                       of the currency period for an approval;
4.1.28.(1) A submitter for a development application may
                                                                    (b) a notice giving a decision on a request to make a
appeal to the court about-
                                                                       minor change to an approval.
(a) the giving of a development approval, including any
                                                                        (2) The appeal must be started within 20 business
      conditions (or lack of conditions) or other provisions
                                                                    days after the day the notice of the decision is given to
      of the approval; or
                                                                    the person.
(b) the length of a currency period for the approval.
                                                                        (3) Subsection (1)(a) does not apply if the approval
    (2) The appeal must be started within 20 business               resulted from a development application (superseded
days (the “submitters appeal period”) after the day the             planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to           application under a superseded planning scheme.
the submitter.
                                                                       (4) Also, a person who has made a request
    (3) If a person withdraws a submission before the               mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the               against a deemed refusal of the request.
decision.
                                                                       (5) An appeal under subsection (4) may be started at
    (4) If an application involves both impact assessment           any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are               should have been made.
available only for the part of the application involving
impact assessment.                                                  Division 9 - Appeals to court about other matters
    (5) If an application is processed under section                Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application         (no co-respondents)
are available only for the aspects of the development that          4.1.31.(1) A person to whom any of the following notices
would have required public notification under the                   have been given may appeal to the court against the
repealed Act.                                                       decision in the notice-
                                                                    (a) a notice giving a decision on a request to change or
1
    Section 3.1.6 (Preliminary approval may override local             cancel a condition of a development approval.
    planning instrument)
                                                                                                   Page 13 of 14

Page 14

                                                                                                2004/4206

(b) a notice under section 6.1.442 giving a decision to      (c) the decision to give a preliminary approval when a
    change or cancel a condition of a development                  development permit was applied for;
    approval.                                                (d) the length of a period mentioned in section 3.5.21
    (2) The appeal must be started within 20 business              currency period;
       days after the day the notice of the decision is      (e) a deemed refusal.
       given to the person.
                                                                 (2) An appeal under subsection (1)(a) to (d) must be
    (3) Also, a person who has made a request                started within 20 business days (the “applicant’s appeal
       mentioned in subsection (1)(a) may appeal to the      period”) after the day the decision notice or negotiated
       court against a deemed refusal of the request.        decision notice is given to the applicant.
    (4) An appeal under subsection (3) may be started at         (3) An appeal under subsection (1)(e) may be started
       any time after the last day the decision on the       at any time after the last day a decision on the matter
       matter should have been made.                         should have been made.
Appeals against decisions to change approval conditions      The Registrar for the Building and Development
under the repealed Act                                       Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision     http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or        For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court      4.1.36 Appeals about particular infrastructure
against-                                                     charges
(a) the decision; or                                         (1) This section applies to a person who has been
(b) a deemed refusal of the application.                     given, and is dissatisfied with, an infrastructure charges
                                                             notice or a regulated State infrastructure charges notice.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of      (2) The person may appeal to the court against the
the decision is to be given to the person.                   notice.
    (3) An appeal under subsection (1)(b) may be started     (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter      after-
should have been made.                                       (a) if the notice is given because of a development
Appeals against local laws                                        approval or master plan approval-the day the
                                                                  applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
                                                                  approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the           (b)    otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the   (4)    An appeal under this section may only be about-
planning scheme may appeal to the court against the
                                                             (a) whether a charge in the notice is so unreasonable
decision or the conditions applied.                              that no reasonable relevant local government, State
    (2) The appeal must be started within 20 business            infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the        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 appeal
Rights of appeal conferred by Section 4.2.9 of the           under this section can not be about the methodology
Integrated Planning Act 1997 as follows:                     used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to                charges schedule or regulated State infrastructure
development applications                                     charges schedule.
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


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)
                                                                                             Page 14 of 14

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