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Attachment C - 2007 decision notice
Form 6 – Compiled Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2005/901 Date of Decision: 29 June 2007
1. APPLICANT DETAILS
Name: Suzanne Philiips
Postal address: CARE Martoo Consulting
PO Box 1684
NOOSA HEADS QLD 4567
Phone no: 5443 5566 Fax no: 5443 9977
2. PROPERTY DESCRIPTION
Street address: 56 Seaview Terrace, Sunshine Beach
Real property Lot 64 RP 81810, County of March, Parish of Weyba
description:
3. OWNER DETAILS
Name: Suzanne Judith Phillips
Postal address: PO Box 1676
NOOSA HEADS QLD 4567
4. REFERRAL AGENCIES
Referral Agency Address Basis
Environmental PO Box 15155, CITY EAST QLD 4002 Concurrence
Protection Agency
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use of Dwelling House in Sand Dune No Yes
Premises Problem Area
6. DECISION DETAILS
Council on 29 November 2005 decided to approve the application and grant a Development Permit, subject to
conditions.
In relation to a request to change the existing approval, Council on the 29 June 2007 decided to:
A. Approve the change with changes to Conditions 1 and 8
B. Delete original Conditions 14-38
C. Include the additional conditions 14 - 51
D. Issue a Compiled Decision Notice
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NOOSA COUNCIL IDAS Development Application Decision Notice 2
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Not applicable.
8. SUBMISSIONS
Not applicable.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached. Conditions from the
Environmental Protection Agency, as a concurrence agency are also attached.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All building works
Development Permit for Operational Works Landscaping, access, site civil works, stormwater drainage
and erosion and sediment control
11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
12. ASSESSMENT MANAGER
Name: Noosa Council Signature: Date: 03/07/07
DECISION NOTICE HISTORY
Original Decision Notice 29 November 2005.
Minor Change to the approval with amendment to
Conditions 1 and 8 and additional conditions 14
to 51.
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NOOSA COUNCIL IDAS Development Application Decision Notice 3
Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Land Use
1. Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plans are titled and numbered:-
1.1. Lower Floor Plan, SD.01, Revision F;
1.2. Plan & Sections, SD.02, Revision F;
1.3. Elevations, SD.03, Revision F;
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. 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. The landscape plan shall include:
3.1. Retention of the existing pandanus tree located in the northeastern corner of the site;
3.2. Additional planting of dunal vegetation endemic to the Eastern Beaches Locality is to be
implemented along the rear boundary, to assist with the stability of the site, given its topography.
This landscaping is to incorporate a diversity of native tree species including at least 2 x 45 L trees
and understorey plantings. No turfing is permitted within this area.
4. 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. These landscape plans required
to be submitted are to denote areas of existing vegetation or existing trees proposed or required to be
retained.
5. The building shall not extend seaward of the neighbouring properties as indicated by the red lines on the
approved plan titled and numbered Setback Precedents, Project No. P.02, Drawing No. DA.02, Revision A
prepared by Bark Design Architects dated May 2005. Amended plans demonstrating compliance with the
setback shall be lodged with Council prior to issue of a Development Permit for operational works.
6. The buildings and structures shall be finished in colours and hues of the surrounding natural landscape.
7. All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
(LPG or natural).
8. The proposed development shall not exceed 8 metres or 2 storeys from both finished and natural ground
level.
9. 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 the AAAA Water Conservation Rating System. All tap ware and shower roses shall not
exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this
requirement.
10. Security in the form of a cash bond or trading bank guarantee to the sum of $10 000 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.
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11. 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.
12. The Development Permit for a material change of use of premises lapses if the use has not happened by
29 November 2009, unless an application to extend the currency is approved by Council.
13. 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.
14. Should the rainwater tanks be located between the building and the seaward boundary, the tanks shall be
located below surface level and vegetated in accordance with this permit.
15. External materials and finishes shall comprise predominately of colours and hues of the surrounding
landscape.
Land Development
Vehicle Access
16. A vehicular access driveway to serve the development shall be constructed from the Seaview Terrace
frontage of the site with a maximum width of 5.0m within Seaview Terrace and at the property boundary.
17. 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
AS/NZS 2890.1-2004 and Council’s Standard Drawing No. 9020, Council will require that the driveway be
removed and reconstructed to levels that do comply.
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.
18. The fencing and landscaping adjacent to the driveway shall be designed and constructed in order to
maintain sight lines in accordance with AS/NZS 2890.1:2004.
Car Parking
Off Street
19. Carparking shall be provided within the site as shown on drawing number SD.01 dated May 07 by Kidd
and Co. except as modified herein.
20. The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user
class 1A with a minimum head clearance (headroom) at any point of 2.2m.
21. All carparking shall be kept and maintained in a condition fit for use as carparking.
Frontage Works
22. All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath
paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications
prior to commencement of the use permitted by this permit.
Roof Water & Stormwater Drainage
23. Roof runoff from any building shall be directed to a rainwater storage system or tank (minimum storage
5000 litres per dwelling) that is installed to ensure water from the tank is used for external uses (such as
watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools, outdoor
cleaning, etc) and for use in flushing of toilets internal to the building. All rainwater tanks are to be
designed and installed in accordance with the Queensland Development Code (QDC), Part 25 –
Rainwater Tanks, and shall be part of the plumbing application in conjunction with the building approval.
The location and capacity of the tanks shall be clearly shown on the plans submitted for Building Works.
24. All surface stormwater runoff shall be directed underground into an on-site disposal system.
25. 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. Can we ask for this
26. All stormwater drainage (including roof water overflow from the rainwater storage system) shall be
collected and discharged so there is no net increase in stormwater runoff from the site.
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NOOSA COUNCIL IDAS Development Application Decision Notice 5
27. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
28. The site shall be connected to Council’s existing sewerage system in Seaview Terrace via a pump up
system. All effluent waste flows from the developed site shall be directed to an internal pump well.
29. The sewer pumping system shall have minimum a 12 hour storage capacity between alarm and overflow
levels .The system is to be connected to a 24 hour monitoring service which is notified in the event of a
high level alarm. The system shall be designed to ensure that the pressure main has less than a one
hour detention time to prevent odor production including during occupant absences. A flushing system
may be required to ensure detention times do not exceed one hour. Engineering plans for the sewer
layout and the sewer pumping system shall be submitted to Council for approval prior to the Plumbing and
Drainage Application. Any enquires in relation to this matter can be directed to Mike Froude (Tel
54495288) of Council’s Sewer Section.
30. The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in
accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
31. The site 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.
32. All water meters must be located outside the property boundary and in an easily assessable location to
facilitate unhindered reading by Council and/or Council’s contracted water meter readers, and not behind
fences or locked gates.
Earthworks
33. 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 the
Building Certifier issuing the Certificate of Classification. In this regard any fences to be replaced shall be
clearly shown on the plans submitted for Operational Works approval.
Site Stability
34. A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the
soil classification, establish whether any measures are required to protect the stability of adjoining
buildings and/or structures and/or land, and make recommendations on the type of foundation system(s)
best suited for the proposed development. The recommendations of this report shall be incorporated into
the design and construction of the proposed development.
35. All foundations and supporting structures, including construction devices, shall be located wholly within
the subject site and shall have no detrimental affect on the adjoining buildings and/or structures and/or
land.
Erosion and Sediment Control
36. 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.
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
37. For the following classes of work associated with development, a Development Permit for Operational
Works must be obtained prior to commencement of works relating to that class of work. The application
may combine any or all of these classes of work:-
37.1. Access.
37.2. Stormwater Drainage.
38. 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.
39. 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.
40. 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.
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NOOSA COUNCIL IDAS Development Application Decision Notice 6
Building Services
41. Infrastructure including reticulated water, sewerage, stormwater, and electricity are to be protected from
damage and made safe to the standard required by the regulatory authority;
42. All infrastructure must be disconnected, capped or sealed including:-
electricity meters removed and electrical wires disconnected; and
telephone lines are disconnected; and
high speed data cables and television provider boxes are disconnected and removed to the
standard required by the regulatory authority;
43. All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging,
must be removed from the building and disposed of in accordance with industry best practice.
44. Waste generated during construction must be stockpiled in a centralised location and covered as required
to prevent material being blown onto adjoining properties including the road reserve or food waste from
generating vermin. All site waste must be disposed of to an approved waste disposal facility either directly
or via an approved waste receptacle and collection service. Storage areas are to be located near the
temporary access to the site so that access can be gained with out damage to infrastructure.
45. All building materials containing asbestos products must be disposed on in accordance with industry best
practice.
46. A temporary crossing must be provided to protect road reserve infrastructure including kerb and channel;
47. Any damage to footpaths, street plantings, kerb and channel or roadways at the removal site, the
relocation site or between the sites must be repaired or reinstated to at least pre-existing conditions.
48. Sediment and erosion control measures must be placed on site prior to the works commencing and shall
be maintained until all works are complete. The erosion and sediment control measures shall be in
accordance with the “Best practice guidelines for control of stormwater on building sites” prepared by
Healthy Waterways (copy attached or available at www.healthywaterways.org).
49. All disturbed areas must be revegetated or otherwise stabilised at the completion of the works. Disturbed
areas are revegetated using species identified in PSP3 – Landscaping Plants and Guidelines.
50. The transportation of all materials to and from the site must be undertaken in a manner such that no
particle matter escapes onto a public road. All vehicles carrying out materials either to or from the site
shall be covered to prevent materials including dust being windblown from the vehicle.
51. A Waste Management Plan shall be submitted for the demolition to the Land Use Section of Noosa
Council, prior to the development permit for building works being issued. The Plan shall contain the
following information:-
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated volume (m³) On-site *specify Off-site *specify *Specify contractor
materials proposed reuse or contractor & & landfill site
onsite recycling recycling outlet
methods
Excavation material
Green waste
Bricks
Concrete
Timber – please
specify
Plasterboard
Metals – please
specify
Asbestos
Other – please
specify
NOTE: Details of site area to be used for onsite separation, treatment and storage (including weather
protection) shall be provided on the plan drawings accompanying your application.
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NOOSA COUNCIL IDAS Development Application Decision Notice 7
Concurrence Agency Conditions –
Environmental Protection Agency
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
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NOOSA COUNCIL IDAS Development Application Decision Notice 8
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 applicant is informed that payment via credit card transaction will not be an acceptable method of
payment for development contributions conditioned in this permit.
2. 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:-
2.1. On a Sunday or public holiday, at any time; or
2.2. 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.
3. Any building works partly or completely seaward of the Coastal Building Line under the Coastal Protection
and Management Act 1995 requires referral to the Environmental Protection Agency.
4. 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.
5. 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).
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NOOSA COUNCIL IDAS Development Application Decision Notice 9
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
1
under section 3.1.6; 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
approval resulted from a development application
(2) The appeal must be started within 20 business (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)
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(b) a notice under section 6.1.44 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.
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Section 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain
circumstances)
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