Council archive · source document
Decision Notice - 172007545 · 172007.545.02
Form 6 - Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2007/545 Date of Decision: 23 April 2007
1. APPLICANT DETAILS
Name: Alice Cumming
Postal address: CARE Tony Jackson
PO Box 2034
NOOSA HEADS QLD 4567
Phone no: 0419 754 051 Fax no:
2. PROPERTY DESCRIPTION
Street address: 25 Arkana Drive, Noosa Heads
Real property Lot 78 RP 94023, County of March, Parish of Weyba
description:
3. OWNER DETAILS
Name: Alice Cumming
Postal address: PO Box 1077
NOOSAVILLE DC QLD 4566
4. REFERRAL AGENCIES
Referral Agency Address Basis
Nil
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Building Works Alterations and Additions to Existing Yes No
Detached House
6. DECISION DETAILS
Council decided to approve the application and grant a Preliminary Approval, subject to conditions.
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit: -
Detached House Driveways Code.
8. SUBMISSIONS
Not applicable.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached.
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 5 pages
Page 2
NOOSA COUNCIL IDAS Development Application Decision Notice 2 of 6 10. FURTHER DEVELOPMENT PERMITS REQUIRED Type of Development Permit required Subject of the required Development Permit Development Permit for Building Works All Building Works 11. RIGHTS OF APPEAL Rights of appeal in relation to this application are attached. 12. ASSESSMENT MANAGER Name: Noosa Council Signature: Date: 23 April 2007 JB c:\users\jbelsham\downloads\ecm_10032434_v2_decision notice - 010 2007 00000545 001.doc
Page 3
NOOSA COUNCIL IDAS Development Application Decision Notice 3 of 6
Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
1. Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plans are titled and numbered Site Plan, 9 of 9; Lower Floor Plan, 2 of 9;
Upper Floor Plan, 3 of 9; Elevations 4 of 9; Elevations 5 of 9 prepared by Adrian Barker Computer Drafting
and dated 2 March 2007 and as may be amended by these conditions.
2. The development must be undertaken and operated in a manner that causes no detrimental effect upon
the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other
emissions.
3. All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
(LPG or natural).
4. Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) are not
constructed under overhead electricity transmission lines, or within any easements.
5. A geotechnical report, prepared by a registered professional engineer shall be obtained, and it should
either:-
5.1. certify that the site is not at risk from landslide emanating from the site or from other land; or
5.2. identify methods of stabilising all buildings, accessways and uses areas; and where the
geotechnical report identifies methods of stabilising buildings, accessways and uses areas. The
development shall implement those methods, which are recommended.
6. The Preliminary Approval for a building works lapses if the use has not happened by 23 April 2009, unless
an application to extend the currency is approved by Council.
JB c:\users\jbelsham\downloads\ecm_10032434_v2_decision notice - 010 2007 00000545 001.doc
Page 4
NOOSA COUNCIL IDAS Development Application Decision Notice 4 of 6
Local Laws, Policies & State
Regulation Requirements
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM
CONDITIONS OF APPROVAL
1. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law
No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that
makes or causes audible noise to be made from the building work:-
1.1. On a Sunday or public holiday, at any time; or
1.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
2. Prior to the commencement of the development, a plumbing assessment must be obtained from Noosa
Council’s Plumbing Services Section in accordance with the Plumbing & Drainage Act 2002 (as
applicable).
JB c:\users\jbelsham\downloads\ecm_10032434_v2_decision notice - 010 2007 00000545 001.doc
Page 5
NOOSA COUNCIL IDAS Development Application Decision Notice 5 of 6
Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
The following is an extract from the Integrated (6) If an application involves assessment against
Planning Act (Chapter 4). a concurrence agency code, appeal rights for
submitters for the application are not available
Division 8 - Appeals to court relating to
against the part of the approval that represents the
development applications
concurrence agency’s response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of
may appeal to the court against any of the following- its jurisdiction, appeal to the court about the giving of
(a) the refusal, or the refusal in part, of a a development approval for a development
development application; application if-
(b) a matter stated in a development approval, (a) the development application involves impact
including any condition applying to the assessment; and
development, and the identification of a code (b) the advice agency told the applicant and the
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 Appeals for matters arising after approval given
be started within 20 business days (the “applicant’s (co-respondents)
appeal 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
(3) An appeal under subsection (1)(e) may be the following notices have been given may appeal to
started at any time after the last day a decision on the the court against the decision in the notice-
matter should have been made.
(a) a notice giving a decision on a request for
Appeals by submitters extension of the currency period for an approval;
4.1.28.(1) A submitter for a development application (b) a notice giving a decision on a request to make a
may appeal to the court about- minor change to an approval.
(a) the giving of a development approval, including (2) The appeal must be started within 20 business
any conditions (or lack of conditions) or other days after the day the notice of the decision is given
provisions of the approval; or to the person.
(b) the length of a currency period for the approval. (3) Subsection (1)(a) does not apply if the
(2) The appeal must be started within 20 business approval resulted from a development application
(superseded planning scheme) that was assessed as
days (the “submitters appeal period”) after the day
if it were an application under a superseded planning
the decision notice or negotiated decision notice is
scheme.
given to 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
(4) If an application involves both impact
started at any time after the last day the decision on
assessment and code assessment, appeal rights for
the matter should have been made.
submitters are 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 (no co-respondents)
application are available only for the aspects of the
development that would have required public 4.1.31.(1) A person to whom any of the following
notification under the repealed Act. notices have been given may appeal to the court
against the decision in the notice-
(a) a notice giving a decision on a request to change
or cancel a condition of a development approval.
1 Section 3.1.6 (Preliminary approval may override local planning
instrument)
JB c:\users\jbelsham\downloads\ecm_10032434_v2_decision notice - 010 2007 00000545 001.doc
Page 6
NOOSA COUNCIL IDAS Development Application Decision Notice 6 of 6
(b) a notice under section 6.1.44 2 giving a decision to
change or cancel a condition of a development
approval.
(2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
(3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
(4) An appeal under subsection (3) may be
started at any time after the last day the decision on
the matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
2 Section 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain
circumstances)
JB c:\users\jbelsham\downloads\ecm_10032434_v2_decision notice - 010 2007 00000545 001.doc
Used in these records
Decision Notice - 172007545.pdfRelated documentApplication case desk ↗
About this file
- File size
- 200 KB (small file)
- File type
No other editions are linked here.