09/1270 - Approved plans/Negotiated Decision Notice [As Published] · 132009.1270

Page 2

oe
et

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

aa ‘ GN, & cs a, 2009/1270
~~
Yq TERE
Plan No. i Rev. Plan - Prepared by , «-, Date iy
wob01 A Site Calculations. - Soul Space Building | 6 November 2009
Design
WDO02 A Site Plan — Soul Space Building 6 November 2009 |
WDO03 A ‘Site Setback Plan ~ Soul Space Building 6 November 2009:
wooa A Sub Floor Plan - Soul Space Building ; 6 November 2009 |
WD0S - A Lower Floor Plan — Soul Space Building 6 November 2009
WD06- A Lower Floor Setout Plan - Soul Space | 6 6 November 2009
Building
woo7 A Main Floor Plan — Soul Space Building 6 November 2009
WD08 A Main Floor Setout Plan — Soul Space Building 6 November 2009
WDO09 : A Upper Floor Plan - Soul Space Building 6 November 2009 ;
WD10 - A Roof Plan — Soul Space Building ‘ 6 November 2009
/wo1 A Height Check Plan — Soul Space Building | 6 November 2009
; wo12 A Elevations — Soul Space Building | i 6 November 2009
wo14- A Sections — Soul ‘Space Building - ) 6 November 2009
wots A ‘Sections — Soul Space Building 6 November 2009 _|
A Sections — Soul Space Building 6 November 2009 i
A - Sections. - Soul Space Building . Te November 2009
WwD22 : A Landscape Plan & Existing Site Conditions~ 6 November 2009

 

The development shall be-carried out in compliance with. the relevant requirements and

1.

 

| Soul Space Building

provisions of the Plan of Development (No 67).

Relevant Period

3.

The Development Permit for a material change of use lapses if the use has not happened by

25 January 2014, unless an application to extend the currency is approved by Council.

Security Bond

4.

Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be
submitted, to secure performance of ail conditions of this approval, prior to the issue of a
Development Permit for building 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.

2of 14

Page 3

2009/1270

 

Landscaping

5.

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. In this regard,

5.1. the removal of vegetation shall not extend beyond 3 metres of the building footprint
of the Detached House.

5.2. disturbed vegetation within the setbacks shall be regenerated in accordance with
Council’s Landscaping Plants and Guidelines PSP 3 and as shown on the
Landscape Plan & Existing Site Conditions WD22 Revision-A dated 6 November
2009.

5.3. screening vegetation consisting of native, endemic species shall be planted to the
setback to the northern boundary in accordance with Council’s Landscaping Plants
and Guidelines PSP 3.

All other vegetation shail be protected from interference resulting from. clearing or
construction activities by:

6.1. Clearly marking vegetation to be retained with flagging tape; ‘
6.2. Installing protective fencing around the drip line of the vegetation;

6.3. Stockpiling, storage and vehicle parking occurs in already cleared areas and does
not cause interference with vegetation; and :

6.4. Low impact construction techniques are used around vegetation to minimise
interference with the vegetation.

Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:

7A. Processing through a woodchipper or shredder. The .e resulting mulch is to be

stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres high
with a minimum of 10 metres between edges of heaps.

7.2. Disposal for firewood. -

7.3.0 ° Disposal for landscaping purposes. © ‘
The applicant is advised that burning off is an unacceptable method of disposal.

Landscape planting within 1.5 metres of the sewerage inspection opening.must be Council
approved varieties and low growing when mature.

Building Height.

10. The building height shall not exceed 8.0 metres above the natural’ ground level, finished
ground level and 2 storeys.

41. 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
maximum allowable building height (8m) as required by the Plan of Development (No. 67) on
plan ACA-1. / . .

General - ol .

12. 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.

43. 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.

Sof tt

Page 4

‘ 2009/1270

 

14.

15.

Ajl hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural).

Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings)
shall not be constructed under overhead electricity transmission lines, or within any
easements.

Vehicle Access and Car Parking

16.

17.

18.
19.

A vehicular access driveway to serve the development shall be constructed from the edge of
the existing road formation in the common property area at the front of the site with a
maximum width of 4.5m at the property boundary.

The driveway shall be designed and certified by a Registered Professional Civil Engineer
and constructed in accordance with Council's standards, and to grades that prevent vehicles
from scraping and/or bottoming whilst also allowing pedestrians movements along the
footpath without any step or level difference. Should any driveways be constructed to
grades that do. not comply with AS/NZS 2890.1-2004, 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.

Deleted.
Deleted.

Roof Water and Stormwater Drainage

20.

21.

22.

Roof runoff from the new dwelling shail be directed to a rainwater storage system or tank
that is installed to ensure water from the rainwater storage System or tank is -:used for
external uses (such as watering gardens, irrigation, ornamental ponds, water features,
topping-up swimming pools, outdoor cleaning, etc) and for internal (ground floor) use in
washing machine cold taps and toilet cisterns. All rainwater tanks are to be designed and
installed in accordance with the Queensland Development Code (QDC) current at the time of
building approval, and shall be part of the plumbing application for approval. The location
and capacity of the tanks shail be clearly shown on the plans submitted for the Building
Works approval.

Plans of the ‘drainage design for the site shall be prepared and certified by a suitably
qualified Registered Professional Civil Engineer in accordance with Council's standards and
requirements and be submitted as part of the application for Building Works.

All stormwater drainage (including roof water overflow from the rainwater storage system
and overland hard surface runoff) shall be collected and discharged so there is no net
increase in stormwater runoff from the site.

Subject to the engineer's assessment and design, the stormwater drainage from the site
should be discharged into an existing drainage system or/and an infiltration system be
constructed within the allotment. The design must also insure that the stormwater disposal
from the site will not adversely impact on other properties (including the Common Property)
and/or the integrity and the stability of the sand dune.

All site stormwater drainage shall be by means of a gravity system.

2

Sewer and Town Water

23.

24.

Reticulated water supply and sewerage must be provided to the development and be
constructed in accordance with Council’s standards and requirements at no cost to Council.

Storm water retention systems and gross pollutant traps must maintain a minimum clearance
of 1.5 metres from the Council sewerage inspection opening within the development site.

4of1t

Page 5

2009/1270

 

25.

Construction works undertaken in the vicinity of Counci! water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs
associated with repair, replacement or alteration of Council's infrastructure must be met by
the applicant

Erosion and Sediment Control

26.

28.

29.

30.

Any person acting on this permit shall prevent erosion on the site and the adjoining land and
sediment export from leaving the site. Site contro! measures such as silt fencing, controlled
gravel access to the site and controlled disposal of waste, will be necessary.

In this regard, a plan detailing the methods of controlling erosion and sediment in
accordance with the Healthy Waterways document and fact sheet series titled “Controlling
Stormwater Pollution on your Building Site dated 2006” is required to be submitted with the

‘ application fora Building Works Permit.
Earthworks
. 27,

Filling works required on site shall be carried out in accordance with Council's Planning
Scheme Policy PSP5 ~ Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any natural
stormwater runoff.

Excavation of the site and the construction of .the proposed works_shall not have any
adverse affects on the stability of adjoining buildings and/or structures and/or services and/or
lands. In.this regard a Registered; Professional Engineer Queensland shall supervise the
excavation of the site and the construction of the. new works to determine whether any
additional measures are required to protect the stability of adjoining buildings and/or
structures and/or services and/or lands.

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 Final Building Inspection by the Building Certifier. In this regard any
fences to be replaced shall be clearly shown on the Plans submitted for Building Works
approval. , .

The use of vibratory equipment of any kind is 5 not permitted:to be used (including vibrating
rollers and the use of vibrating installation techniques ‘for sheet piling and other construction
vibrations caused by excavating, earthmoving or demolition machinery or ‘other similar
construction techniques) unless approved and supervised by a Certified Geotechnical
Engineer. Under such-circumstances the operator of such equipment shall at all times
comply with the directions of the Geotechnical engineer and the- reasonable and lawful
directions of Council officers.

Site Stability

31.

32.

33.

A registered 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 and the. associated civil works (eg stormwater
drainage disposal, earthworks) and be part of the application. for Building Works.

Should: the recommendations of the geotechnical report require any part of the works
(including excavation, retaining structures, tie backs etc) to be temporarily or permanently
constructed within any adjoining property a letter of authority from the adjoining property
owner shall be obtained prior to the issue of Development Permit for Building Works.

Prior to the Final Building Inspection by the Building Certifier, a certification of the completed

works must be provided by the supervising engineer. The certification(s) shall state that the

completed works, including but not limited to: earthworks, stormwater drainage works, on-
Sof 11

Page 6

2009/1270

 

site infiltration etc are in compliance with Council’s standards, conform with all aspects of the
design and that the completed works will not have any adverse impacts on the stability of
adjoining buildings and/or structures and/or services and/or lands and the sand dune.

Contribution Towards Council Infrastructure

34. Monetary contributions shali be paid to Council towards the cost of providing and/or
upgrading various infrastructure at the rates applicable at the time of payment. An estimate
only of the contribution amounts under the current Council policies and requirements is
outlinéd in the table below:

 

   

‘Contribution Required For::
PSP20 — Pathway Trunk Network Contributions

TOTAL Contribution Amount =

 

 

 

 

Please note that these amounts are all subject to variations in the Consumer Price Index,
All Groups Brisbane from September 2009 until the date of payment.

 

 

 

All contributions must be paid prior to commencement of the use

15 REFERRAL AGENCY CONDITIONS. Bl

 

 

The referral agencies applicable to this application are:

aoe

 

 

Referral Trigger Referral Status | Referral Agency | Referral Address
L

 

 

 

 

Not applicable - ;

wh ne

 

 

 

ls APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following
table:

     

 

 

   

 

 

 

 

 

 

 

 

  

 

; Plan ! Document No. ‘Rev..| Plan/DocumentName— | Date
freeman . wee ee Semen 1 ml
“woot A | Site Calculations — Soul Space Building 6 November 2009 :
Design
; WDO2 LA |Site P Plan — Soul 1 Space Building (6 November 2 2009
WDO03 : i A Site Setback Plan — Soul Space 6 November 2009
i | Building
WDO04 | Sub Floor Plan - - Soul Space Building 6 November 2009
WDO5 Lower Floor Plan — Soul | Space Building 6 November 2009
WDO06 A Lower Floor Setout Plan — Soul Space | 6 November 2009
: : Building :
_ W007 A , Main Floor Plan — Soul Space Building | 6 November 2009
WD08 A Main Floor Setout Plan — Soul Space ; 6 November 2009
_ Building
wobo09g _ Upper Floor Plan — ~ Soul Space Building 6 November 2009

 

 

 

 

6 of 11

Page 7

2009/1270

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

wD10 Roof Plan — Soul Space Building 6 November 2009
WD11 Height Check Plan -— Soul Space 6 November 2009
Building
WD12 A Elevations — Soul Space Building 6 November 2009
WD14 A Sections — Sout Space Building 6 November 2009
WD15 A Sections — Soul Space Building 6 November 2009
WD16 tA Sections — Soul Space Building 6 November 2009
Wo17 A Sections — Soul Space Building 6 November 2009
WD22 A Landscape Plan & Existing Site | 6 November 2009
Conditions— Soul Space Building
[7 ADVISORY: NOTES:
The following Advisory Notes are for information purposes: only and do not form conditions of
approval: . . a
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:

4A.
1.2.

A maximum penalty of $1,500 applies to an offence under this legislation.

On a Sunday or public holiday, at any time; or
Ona Saturday or a business day, before 7.00am or after 6.30pm.

2. . The applicant is advised that development contributions and infrastructure charges
applicable to this development approval have been based on the following Uses Class/ Uses
and applicable quantities:-

 

  
 

Existing Development -
Existing: Use’ Class:
Use
Detached House

|: Approved Development -
‘Approved’ Use Class /,
Use to
Detached House

 

 

“Existing Quantity . ‘Approved Quantity

wrens ego

 

 

 

 

Vacant Land. 1 Dwelling

 

 

 

 

3. The applicant is advised that a Compliance Permit for all plumbing and drainage works
within the boundaries of the development site shall be obtained from Council’s Plumbing
Services Section prior to obtaining a Development Permit for Building Works.

4. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the estimated amount of $3,003 and is subject to variations in the
Consumer Price Index,- All Groups Brisbane from September 2009 until’ the date- of
payment. An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the
Integrated Planning Act 1997.

5. 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 or for
infrastructure charge notices issued separately.

7 of 17

Page 8

 

2009/1270

 

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”. |t 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 fikely 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.

 

[38 PROPERTY NOTES
Not applicable

 

[9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable

 

[10 FURTHER DEVELOPMENT PERMITS REQUIRED

 

ee et ne

: | Type of Development Permit required _| Subject of the required Development Permit = _

 

; Development Permit for Building Works All Building Works , ,

 

 

[11 SELF ASSESSABLE CODES

The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:

Not applicable

 

}12 SUBMISSIONS
Not applicable

 

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

 

}14 | RIGHTS OF APPEAL

You have continuing appeal rights in respect of Council’s decision on your application. Refer Section
4.1.27. of the Integrated Planning Act 1997.

 

15 OTHER DETAILS

 

 

 

Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice is attached in compliance with Chapter 5 of the integrated Planning Act
1997

8 of 11

Page 9

2009/1270

 

Should you wish to obtain more information about Council's decision, electronic copies of Council’s
decision are available on line at www.sunshinecoast.gld.gov.au, or at Council Offices.

 

 
      
  

, with'amendment to. =. *..-
“* ‘Condition 3 & deleted” © *
,. Conditions 18 &19

 

 

 

Glea’Conforti
Planning TechnfCal Officer

wt

Qof tt

 

Page 10

~ 2009/1270

 

 

 

 

Regional Council

 

 

Sunshine Coast | Appeal Rights

INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

 

 

 

 

The following is an extract from the Integrated
Planning Act {Chapter 4).

 

 

Division 8 - Appeals to court relating to
development applications :

Appeals by applicants

4.1.27.(1) An applicant for a development application may
appeal to the court 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;"

(c) the decision to give a preliminary approval when a
development permit was applied for;

(d) the length of a relevant period;

(e) a deemed refusal. ,

(2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the “applicant’s appeal
period”) after the day the decision notice or negotiated
decision notice is given to the applicant.

{3} An appeal under subsection (1)(e) may be started at
any time after the last day a decision on the matter should
have been made.

Appeals by submitters

4.1.28.(1) A submitter for a development application may
appeal to the court about-

{a) the giving of a development approval, including any
conditions (or lack of conditions) or other provisions
of the approval; or

(b) the length of a relevant period for the approval.

{2) The appeal must be started within 20 business
days (the “submitters appeal period”) after the day the
decision notice or negotiated decision notice is given to
the submitter. ,

(3) If a person withdraws a submission before the
application is decided, the person may not appeal the
decision.

(4) If an application involves both impact assessment
and code assessment, appeal rights for submitters are
available only for the part of the application involving
impact assessment.

(5) If an application is processed under section
6.1.28(2), appeal rights for submitters for the application
are available only for the aspects of the development that
would have required public notification under the
repealed Act.

1 Section 3.1.6 (Preliminary approval may override toca!

planning instrument)

(6) if an application involves assessment against a
concurrence agency code, appeal rights for submitters
for the application are not available against the part of
the approval that represents the concurrence agency’s
response for the code.

Appeals by advice agency submitters

4.1.29.(1} An advice agency may, within the limits of its
jurisdiction, appeal to the court about the giving of a
development approval for a development application if-

(a) the development application involves impact
assessment; and

(b) the advice agency told the applicant and the
assessment manager to treat its response to the
application as a submission for an appeal.

(2) The appeal must be started within 20 business
days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
submitter.

Appeals for matters arising after approval given
(co-respondents}

4.1.30.(1) For a development approval given for a
development application, a person to whom any of the
following notices have been given may appeal to the
court against the decision in the notice-

(a) a notice giving a decision on a request for extension
of the relevant period for an approval;

(b) a notice giving a decision on a request to make a
minor change to an 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) Subsection (1)(a) does not apply if the approval
resulted from a development application (superseded
planning scheme) that was assessed as if it were an
application under a superseded planning scheme.

(4) Also, a person who has made a request
mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request:

(5) An appeal under subsection (4) may be started at
any time after the last day the decision on the matter
should have been made.

Division 9 - Appeals to court about other matters
Appeals for matters arising after approval given
(no co-respondents)

4.1.31.(4} A person to whom any of the following 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.

10 of 14

Page 11

2009/1270

 

(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.

For Building Works Only

Rights of appeal-conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:

Division 3 - Appeals
development applications

Appeals by applicants

to’ tribunals relating to

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;>

? Section 6.1.44 (Conditions may be changed or cancelled
by assessment manager or concurrence agency in certain
circumstances)

Section 3.1.6 (Preliminary approval may override focal
planning instrument)

(c) the decision to give a preliminary approval when a
development permit was applied for;

(d) the length of a period mentioned in section 3.5.21
relevant period;
(e) a deemed refusal.

{2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the “applicant’s appeal
period”) after the day the decision notice or negotiated
decision notice is given to the applicant.

(3) An appeal under subsection (1)(e) may be started
at any time after the last day a decision on the matter
should have been made.

The Registrar for the Building and Development
Tribunal may be. contacted at the website
http:/www.localgovernment.qlid.gov.au/

For Infrastructure Charges Only

4.1.36 Appeals about particular infrastructure
charges

(1) This section applies to a person who has. been
given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) The person may appeal to. the court against the
notice. ,

(3) The appeal must be.started within 20 business days
after-

(a) _ if the notice is given because of a development
approval or master plan approval-the day the
applicant is given notice of the decision about the
approval; or

(b) otherwise-the day the notice is given to the person.

(4) An appeal under this section may only be about-

(a) ‘whether a charge in the notice is so unreasonable
that no reasonable-relevant local government, State.
infrastructure provider or coordinating agency could
have imposed it; or ‘

(b) an error in the calculation of the charge.

{5) To remove any doubt, it is declared that an appeal

under this section can not be about the methodology

used to establish the charge in the relevant infrastructure

charges schedule or regulated State infrastructure
charges schedule.

ttofti ©

Page 12

 

} Regional Council

 

- Sunshine Coast Delegated Approval _

 

 

 

 

 

 

 

 

 

 

DATE: 222 Ben verng oro _| FILE et fam
APPLICANT: Sear(. Space Borcowe Dets tin

i LAA
Report prepared by: _ = . Z22/o, ‘2 org
Checked by: Ro2. D. Wallace. Ox], JiE— 25/1 [10

 

Manager - Land Use:

 

Director North - Regional Strategy & Planning:
(Only: required if referred to Councillors (Step 3) and at
the Manager's discretion)

 

 

Referred to Panel:

 

 

 

Reference Decision:

 

 

A.

B.

7 : .
Council must assess
and decide application

Iconic Panel to assess
and decide application

 

 

 

| Referred to Councillors:

 

 

 

 

 

 

on

Page 13

Sunshine Coast Regional Council Strategy & Planning Committee Report

 

rr

REPRESENTATIONS TO CONDITIONS OF DECISION NOTICE
(09/1270), SITUATED AT 32/512 DAVID LOW WAY, CASTAWAYS
BEACH DESCRIBED AS LOT 32:0N SP 111721.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

File No: 2009/1270
Author: Development Planner — Jack Lewis,
Planning Instrument: The Noosa Plan
Applicant: . Soul Space Building Design |
Application Number: - ‘ . 2009/1270. .. .
Division: 11. ee ~
Application Properly Made Date 22 September 2009
Information Response Date 12 November 2009
Proposal: Detached House
Assessment Type: Code Assessment
Property Address: 32/512 David Low Way, Castaways Beach
_.RPD: . i - Lot 32 SP.111721 . .
SEQRP: ‘ ‘Urban Footprint
Land Area: ° : . 604m?
Planning Scheme: . The Noosa Plan
Locality: Eastern Beaches
Zone: _- Detached Housing
Overlay: : Natural Hazard Overlay — Medium Bushfire
Hazard
Natural Hazard Overlay — Landslide Hazard
mo , . Natural Resources — Coastal Protection Area
Plan of development : : Ts -Plan,of Development No.67
Existing Use of Land: vy Vacant -

 

 

OFFICER RECOMMENDATION:

With regard to representations made to change Conditions 18 & 19 of development approval
09/1270 situated at 32/512 David Low Way, Castaways Beach described as Lot 32 SP
111721, Council:
A. Agree to amend Condition 3 to read as follows:

Relevant Period S

18. The Developmert Permit for a material change‘ of use lapses if the use has not’ -
happened by 2f January 2014, unless an application to extend the currency is
approved by Council.

. B. Agree to delete Conditions 18 & 19
C. Issue a Negotiated Decision Notice.
INTRODUCTION

BACKGROUND

 

. Meeting Date: oo os. Paget - fe

 

 

Page 14

Sunshine Coast Regional Council — Strategy & Pianning Committee Report

 

A Development Permit for Material Change of Use of Premises for a two storey detached
house was issued on 7 January 2010. The proposed dwelling is located in the Marcus Dunes
Group Title Development. The proposed detached house is not required to comply with The
Noosa Plan’s codes, as The Noosa Plan calls up the relevant Plan of Development 67 on
plan ACA-1, Zoning Map ZM4a.

REPRESENTATIONS MADE By APPLICANT

The applicant suspended made representations on 21 January 2010 to the development
approval conditions. The representations concern parking and access requirements.
ASSESSMENT OF REPRESENTATIONS

A summary and an assessment of the representations made to each of the conditions are
provided below:

Condition 18 & 19 - (Carparking & Access)

18. All vehicles shall enter and leave the site in a forward direction.

19. The carparking areas shall be designed to comply with the provisions of AS/NZS
2890. 1-2004 for user class 1A with allowance for vehicles to enter and leave the site
in a forward gear and with a minimum head clearance at any point of 2.3m.

»

Applicant's Representations

Conditions 18 and 19 are not considered to be standard conditions applied to detached
residential development. In addition, Castaways Beach development is controlled under
Body Corporate legislation that may become problematic in the future.

Assessment of Representations Led iy \anyy

Neither the Pan of Development 67 nor the detach€d house code requires cars to comply
with the AS/NZS 2890.1-2004 for user class 1A’ The development has ‘sufficient room to
accommodate two vehicles on-site. It is unreasonable to impose the conditions, and Council
agrees to amend the decision notice.

CONCLUSION

Council supports the applicant's submission to delete conditions 18 & 19, as they are not
relevant to a detached house approval.

 

Meeting Date: Page 2

Page 15

fe | | - L Datrwosls
ee | Seve

«Maureen Marks
a

vey”

   

; From: Denis Wallace [[email protected]]

f - iSent: Monday, 25 January 2010 7:50 AM
To: Maureen Marks
Subject: FW: (DWS Doc No 2261305) 512 David Low Way, Castaways Beach, QLD
Attachments: 512 David Low Way- Castaways Beach- QLD- 4567Castaways Beach_090322.pdf

FOF |

512 David Low
- | Way- Castaways B...

Maureen,

Could you please update the tracking for this application, per the attached Reps
letter. ,

Jack has done up a brief report for this one already as we promised them we would
issue a negotiated asap.

”

Thanks,

Denis Wallace | Senior Development Planner
Planning Assessment - North I Tewantin Office
Sunshine Coast Regional Council

Ph. (07), 54495179 | Fax (07) 54471062

corn Original: Message-----

From: [email protected] [mailto:[email protected]] ,
Sent: Thursday, 21 January 2010 3:48 PM

To: Denis Wallace

Cc: [email protected]; [email protected]

Subject: (DWS Doc No 2261305) 512 David Low Way, Castaways Beach, QLD |

Hi Denis,’

Further to our discussion today please find attached’ copy of letter requesting
suspense of applicatants appeal period and making representations to Sunshine Coast
Regional Council.

Please do not hesitate to contact myself directly on 0419 731 227.for any assistance.

Regards,
Greg Roberts
Building Approvals Group

Email: [email protected]
Phone: 1300 885 229 - Fax: 07 5438 8446

 

Page 16

Address: Suite 13, Capital One, Capital Way 5 Capita!

BAgroup | | oe Woy

- : Birtinya QLD 4575
7 pPulding ‘Approvals Tel: 1300 885 229
: Fax: 07 5476 1735
t Email: [email protected]
af Building Approvals Group : Web: www. bagroup.info
21/01/2010
‘Sunshine Coast Regional Council
Locked Bag 72
SUNSHINE COAST MAIL CENTRE QLD 4560
Attention: Mr Denis Wallace
: ae
3 : Our ref.: 090322 ,
a . : . ,
. Your ref: 2009/1270 ' . : ‘

Dear Denis,

Re: 512 David Low Way Castaways Beach QLD 4567 - Suspending Appeal Period & Making Representations for Sunshine
Coast Regional Council Decision Notice No: 2009/1270" . ,

“Further to your conversation with Mr Carl Fairs and subject to Section 3.5.18 of the Integrated Planning Act, we wish to hereby suspend
the applicants appeal. period and, make representations to following items:

1. Conditions 18 and 19 of Decision Notice No: 2009/1270 (dated 8 January 2010) to be omitted from Decision Notice; and
2 A Negotiated Decision Notice be issued with Conditions 18 and 19 omitted. >

Justification ”

4. Conditions 18 and 19 are not considered to be standard conditions applied to detached residential development.
2. Castaways Beach development is controlled under Body Corporate legislation that may become problematic in the future.

Please do not hesitate to contact the Undersigned for any additional information or assistance.

Yours faithfully,

 

General Manager Building Certifier : :
Building Approvals Group . , <

Project t(D: 090322 . _ Powered by www.Buildaform.com.au