Council archive · source document
Decision Notice - Change to an Existing Approval - 010.2004.00004206.001 [As Published] · 132004.4206.02
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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2004/4206
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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2004/4206
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
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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
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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)
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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
Used in these records
Decision Notice - Change to an Existing Approval - 010.2004.00004206.001 [As Published]Related documentApplication case desk ↗
Decision Notice - Change to an Existing Approval - 010.2004.00004206.001 [As Published]Related documentApplication case desk ↗
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