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SUPERSEDEDNegotiated Decision Notice - Advice Agency - DNRW [As Published] · 132007.2399
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2007/2399
Your Reference: IC0108NAM0002_NOO7610
4 March 2009
Department of Natural Resources & Water
PO Box 573
NAMBOUR QLD 4560
Dear Madam
Negotiated Decision Notice
Integrated Planning Act 1997
Your Department was an advice agency for the above application and provided advice to Council in
a letter dated 7 February 2008. Following representations made by the applicant, Council on 3 March
2009 agreed to issue a Negotiated Decision Notice.
Details of the negotiated decision are as follows:
1 APPLICATION DETAILS
Application No: 2007/2399
Street address: Leslie Drive, Noosa Heads
Real property Lot 3 SP 178323
description:
Planning Scheme: Superseded Planning Scheme (Schedule to the Planning Scheme &
Strategic Plan 1997)
2 DECISION DETAILS
Council on 23 October 2008 decided to issue the following type of approval:-
Development Permit for Material Change of Use - 27 Dwelling Houses
Development Permit for Reconfiguring a Lot – Lot Reconfiguration
In relation to representations, Council on 3 March 2009 decided to:
A. Agree to amend Conditions 1, 34, 63 & 73
B. Agree to amend Conditions 3, 5, 12, 23, 28, 33, 40 & 64 in part only
C. Advise the applicant that, in respect to Conditions 3, 5, 12, 23, 28, 33, 40 & 64, the conditions
have only been amended in part for the following reasons: -
Condition 3
The Detached House Code does not contain fencing provisions. The developer may choose
to include these in the Community Management Scheme. The condition has been amended
to include the additional building setback drawing submitted by the applicant.
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Condition 5
It is preferable that the landscaping be completed prior to the endorsement of the Plan of
Survey for Stage 2 to ensure that the works are finished in a timely manner.
Condition 12
The condition is in accordance with the Act and removes any doubt as to the currency period
by specifying a lapsing date. Minor amendments have been made for clarity.
Condition 23
The amended condition reflects the amended internal road configuration drawing
(C1732/07/J/P15 by TATE Professional Engineers dated February 2009), whilst allowing for a
full assessment to be undertaken at the Operational Works application stage.
Condition 28
The applicant suggested to include the sentence “if necessary, amend the boundary to ensure
the pathway connecting to Links Drive is within common property”. The plans include at least
1.5m on both sides of the carriageway between the pathway on Links Drive and the boundary
of Lot 27. It therefore not considered relevant to include the suggested sentence.
Condition 33
The type of seal for the carpark area can be assessed at the Operational Works assessment
stage. It is considered that the statement “pavement constructed to access road standards”
will ensure the type of pavement is of a suitable standard.
Condition 40
The amended condition accurately addresses the implementation of the SMP during the
construction phase.
Condition 64
The developer is able to carry out up to 100m3 of earthworks external to the Precinct J site
without the need for a development application.
D. Refuse to delete Conditions 10, 32, 81 and Advice Conditions 3 & 6 for the following reasons:
Condition 10
Separate bonds are required as security for separate development approvals. The developer
may transfer other bonds held by Council on completion of those works.
Condition 32
The condition does not unduly restrict the development and the headroom requirement is
relevant in relation to vegetation.
Condition 81
Council requires the condition in its current form to ensure that proposed road names are
consistent with its naming practice for both the Noosa and greater Sunshine Coast regions.
Advice Condition 3
The Advice Condition in its current form is correct and reflects the total approved number of
dwellings, being 27. Credit is included for the 1 detached house lot within a group title
subdivision created in Stage 1 of the development.
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Advice Condition 6
The property note is clear, is not misleading and is reflective of the applicant’s odour modelling
and odour survey, which indicated that odour may be detected on the site. It is inappropriate
for the property note to be removed in 3 years, as the properties may not be developed in the
3 year period, there may be equipment failure at a later date and the capacity of the Sewage
Treatment Plant will increase in the future, which may affect odour levels.
E. Issue a Negotiated Decision Notice
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
Land Use
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered:
Plan / Rev. Plan / Document Name Date
Document No.
M1806-10 Proposal Plan – Stage 1 – Jones Flint & 30 October 2007
Pike Pty Ltd
M1806-11A A Proposal Plan – Stage 2 – Jones Flint & 7 November 2007
Pike Pty Ltd
447 - SK03 Proposed Building Setbacks From January 2009
Boundaries – Allan Starkey & Associates
and as may be amended by these conditions.
General
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 Detached Houses shall comply with the Detached House Code contained in The Noosa
Plan, with the exception of the requirement for eaves overhangs (roof form) and building
setbacks (refer to approved plan 447 - SK03 Proposed Building Setbacks From Boundaries –
Allan Starkey & Associates dated January 2009).
4. 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, or current equivalent standards as may apply. 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.
Landscaping & Existing Vegetation
5. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines, the approved Noosa Springs Landscape Design Report and a
properly prepared landscape plan prepared by a suitably qualified Landscape Architect or
Horticulturalist. The landscaping shall include:
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Street trees and landscaping treatment within the common property and easement areas
of the development.
Screening vegetation along the line of play of the golf course designed to protect the
allotments and detached houses from stray golf balls. The vegetation shall consist of
native endemic trees and shrubs at densities sufficient to provide a physical screen when
mature; and
Koala and glossy back cockatoo feed trees shall be incorporated into the plantings;
The landscaping is to be completed in accordance with the approved landscaping plan prior to
endorsement of the Plan of Survey for Stage 2.
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. These landscape
plans required to be submitted are to denote areas of existing vegetation or existing trees
proposed or required to be retained.
7. All other vegetation shall be protected from interference resulting from clearing or construction
activities by:
Clearly marking vegetation to be retained with flagging tape;
Installing protective fencing around the drip line of the vegetation;
Stockpiling, storage and vehicle parking occurs in already cleared areas that does not
cause interference with vegetation; and
Low impact construction techniques are used around vegetation to minimise interference
with the vegetation.
8. A fauna spotter shall be employed to oversee the removal of any native trees within the site.
9. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
Processing through a woodchipper or shredder. The 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.
Disposal for firewood.
Disposal for landscaping purposes.
Transport to alternative site for breaking down materials provided that all necessary
permits have been obtained to allow the alternate site to be used for this purpose.
The disposal method for clearing vegetation is to be submitted in conjunction with an
application for a Development Permit for Operational Work. The Applicant is advised that
other methods may be considered provided full details of the method are submitted.
The Applicant is advised that burning off is an unacceptable method of disposal.
Compliance Bond
10. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 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.
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.
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Currency Period
12. The Development Permit for a Material Change of Use and Reconfiguring a Lot lapses if the
use has not commenced by 3 March 2013, unless an application to extend the currency is
approved by Council.
Land Development
Staging
13. The development may be undertaken in the following stages:
Stage 1 - Lots 8 & 9 as indicated on Proposal Plan M1806-10 dated 30 October 2007; and
Stage 2 - Lots 1 to 27, Access Easement and Common Property as indicated on Proposal
Plan M1806-11A dated 7 November 2007.
Plan Endorsement
14. 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
the fees prescribed in Council's adopted fee schedule.
15. Pursuant to Section 3.7.3(3)(b) of the Integrated Planning Act, 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 for each stage.
16. Prior to Council endorsement of the Plan of Survey for each Stage, a duly executed copy of
any required Grant of Easement shall be submitted to Council for perusal.
Any changes required by Council’s Solicitor shall be attended to prior to endorsing the Plan of
Survey.
Any necessary Titles Office forms requiring the consent of Council is to be submitted prior to
the endorsing of the Plan of Survey.
17. Prior to the endorsement of the Plan of Survey for each Stage, 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 being attended to forthwith.
18. 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.
19. Prior to Council endorsing the Plan of Survey for Stage 2, a certificate from a registered
Professional Civil Engineer shall be submitted to Council for each Development Permit for
Operational Works issued pursuant to this permit. The engineer shall certify that he has
supervised those works and that they have been completed in a workman like manner in
accordance with good engineering practice and in accordance with that permit.
A Development Permit for Operational Works covering landscaping must be obtained prior to
the commencement of any landscaping works.
20. Any alteration of a public utility or other facility necessitated by the development of the land or
associated construction works either internal or external to the site shall be at no cost to
Council.
Access Easement
21. An access easement shall be created over all of the proposed private roads/driveways within
the Precinct J. The proposed access easement in favour of Council for maintenance of the
sewer system shall be over the common property area shown on Proposal Plan M1806-11A
dated 7 November 2007.
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The easement shall be in favour of Council and shall ensure that Council has access over
these roads to enable maintenance of the sewer network. In this regard, plans submitted for
Operational Works approval shall accurately show the location of the easement. In addition to
this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing
that the Title Deed and the easement documents will be lodged at the Land Titles Office and
any additional Titles Office forms or requisitions requiring the consent of Council will be
attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the
use commencing. Any changes required by Council’s Solicitor must be corrected immediately.
22. Access easements shall be created within the relevant sections of the proposed private
roads/driveways (common property area) as shown on Proposal Plan M1806-11A dated 7
November 2007 to enable golf course users and staff to cross the private road to access the
golf course and to access the machinery/maintenance sheds.
The easements shall be in favour of the Golf Course owner and shall ensure that the Golf
Course owner has access over the relevant sections of the proposed private roads/driveways
(common property area). In this regard, plans submitted for Operational Works approval shall
accurately show the location of the easement. In addition to this the Applicant’s Solicitor shall
give Council’s Solicitor an appropriate undertaking in writing that the Title Deed and the
easement documents will be lodged at the Land Titles Office and any additional Titles Office
forms or requisitions requiring the consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the
use commencing. Any changes required by Council’s Solicitor must be corrected immediately.
Internal (Private) Roads
23. Prior to endorsement of the Plan of Survey for Stage 2, a private road shall be constructed
within the proposed common property area generally as shown on Drawing C1732/07/J/P15
by TATE Professional Engineers dated February 2009 except as modified herein. The private
road shall be designed and constructed:
23.1. From Links Drive to the gated Access with a minimum width of 6.0m in accordance with
the access road requirements of Planning Scheme Policy 5; and
23.2. From the Gated Access to Lots 1 –27 as follows:
23.2.1. With a minimum width of 6.0 metres from the Gated Access to the southern
boundary of Lot 27; and
23.2.2. With a minimum width of 3.5 metres along the frontages of Lots 1-27 and
widened where necessary to permit access and suitable manoeuvring area for
Council’s Refuse/Recycling vehicles in accordance with Council’s Planning
Scheme Policy 9 – Waste Management; and
23.2.3. Include sightlines and passing bays as specified in Australian and New
Zealand Standard AS/NZS 2890.1 Off Street Parking facilities; and
23.2.4. Include the provision of drainage infrastructure designed in accordance with
the Noosa Plan and certified by a RPEQ and approved by Council. In this
respect, the indicative cross sections shown on Drawing C1732/07/J/P15 by
TATE Professional Engineers dated February 2009 do not form part of this
approval; and
23.2.5. Include a surface seal approved by Council.
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24. To ensure pedestrian safety between vehicles utilising the private road and pedestrians on the
footpath, the private road and any associated fencing or vegetation near the private road shall
comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4 and/or
Austroads whichever is the greater. The applicant shall demonstrate compliance by
illustrating these sight lines on the plans submitted for Operational Works approval.
25. The applicant will construct a pedestrian refuge for users of the Links Drive pathway on the
access road to the site within Council’s road reserve.
External Roadworks
26. The existing roundabout on Links Drive at the entrance to the site shall be modified by the
applicant to accommodate Council’s largest refuse collection vehicle should the current design
be insufficient to allow the right turn into the development. If required the applicant shall
dedicate the necessary road reserve to accommodate the redesigned roundabout. All
associated and ancillary work including pavement correction to the existing pavement,
drainage works, modification of the footpath, and adjustments to the existing infrastructure
shall be undertaken to complete the roadworks widening.
Frontage Works
27. If any necessary footpath improvements such as topsoiling, grassing, and tree planting are
required to the Links Drive frontage of the site as a result of roadworks and to achieve
required sightlines, those works shall be in accordance with Planning Scheme Policy PSP03
Landscaping Plants & Guidelines.
28. A new 1.5 m wide concrete path shall be constructed along one side all of the road from Links
Drive to Lot 27on the site in accordance with Council’s design standards and shall connect to
the existing pathway on Links Drive.
29. Pram ramps shall be installed on the Links Drive pathway at the location of the pedestrian
refuge that is to be constructed on the leg of the roundabout servicing the proposed
development.
30. All paths, pram ramps, driveways and parking areas shall be designed and constructed to
ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish,
and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard
1428.1 Design for Access & Mobility.
31. 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.
Car Parking
32. Carparking shall be provided within the site as shown on Plan M1806-11A dated 7 November
2007 as submitted by Jones Flint & Pike except as modified herein for at least 14 spaces. The
carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for user
class 1. The minimum head clearance (headroom) at any point shall be 2.3m.
33. The carparking area shall be drained and the pavement constructed to access road standards.
Plans and specifications for these works shall be submitted in conjunction with an application
for a Development Permit for Operational Works.
34. All carparking shall be kept maintained and line-marked in a condition fit for use, or delineated
in another approved manner, to the reasonable satisfaction of Council.
Power
35. An underground electricity service shall be provided to each lot.
In this regard, an approved ENERGEX Electrical Design Consultant shall work in conjunction
with Council’s Manager - Works Support to prepare detailed designs of the electrical proposal.
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The detailed designs shall then be submitted to ENERGEX for approval and a copy of their
approval submitted to Council in conjunction with a “Certificate of Electricity Supply for
Proposed Subdivisions” (prepared by an approved ENERGEX Electrical Design Consultant)
prior to Council endorsing the Plan of Survey.
Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant shall
be wholly at the applicant’s expense and shall not entail a financial encumbrance on future
purchasers of the proposed lots.
36. Street lighting and pathway lighting throughout the subdivision shall have a high energy
efficient rating to the reasonable satisfaction of Council and shall generally be provided in
accordance with the principles of Council’s Engineering Design Standards.
Telecommunication
37. The requirements for TELECOMMUNICATION services shall be satisfied in relation to the
provision of new underground telephone services to the proposed lots. In this regard written
confirmation from an approved telecommunication agency shall be submitted to the Council
prior to Council endorsing the Plan of Survey.
Roof Water
38. Roof runoff from any new dwelling/building shall 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 shall be clearly shown on the plans submitted for Building Works
approval and any overflow shall be directed to the stormwater drainage system.
Stormwater Management
39. A Stormwater Management Plan (SMP) for the construction and operational phase of the
development shall be submitted in conjunction with any application for a Development Permit
for Operational Works that demonstrates that the proposed stormwater treatment train can
meet the water quality objectives for the Noosa Springs development and that the lakes have
the capacity to treat the runoff from this additional development. Experts in the relevant field
shall prepare the SMP.
40. The Applicant shall be responsible to oversee that the Council approved SMP is implemented.
The Applicant shall engage a suitably qualified and experienced environmental engineer with
RPEQ accreditation to recommend corrective actions in the event of any breach of the SMP
that is likely to result in a public health risk, environmental harm and/ or non- compliance with
the objectives of the SMP. The Applicant shall implement all corrective actions recommended
by the environmental engineer/environmental scientist, unless directed otherwise by Council.
41. All stormwater drainage shall be designed in accordance with the provisions of the Australian
Rainfall and Runoff (A.R.R.), and Noosa Council Standards. Pipe and channel drainage
systems shall be designed to cater for Five (5) year Average Recurrence Interval design storm
(ARI.). In all cases the major event surface flow paths shall be designed to cater for the one
hundred (100) year ARI.
42. As the site is proposed to be filled, appropriate stormwater drainage pipes shall be installed
within the site to collect and discharge stormwater runoff from all adjoining properties to
prevent additional ponding/flooding on these properties.
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43. To ensure that polluted run-off does not enter Council’s stormwater drainage system,
stormwater run-off from the carparking areas and the private roads/driveways shall have the
first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor/gross
pollutant trap provided on site prior to being permitted to discharge into the lakes.
All other clean stormwater, such as roof water, can be collected on site and discharged
through a single underground drain line directly onto the golf course, bypassing the grease/oil
arrestor/gross pollutant trap.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
arrestors/gross pollutant trap, 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
Scheme 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.
44. All site stormwater drainage shall be by means of a gravity system.
45. All stormwater drainage lines including inter-allotment drainage shall be inspected by closed
circuit television (CCTV) prior to commencement of the approved Use.
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.
Sewer Mains
46. Prior to endorsement of the Plan of Survey for Stage 1, the new parcel 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. This work may be covered by an
uncompleted works bond at 150% of the value of the connection that can be in place for a
duration agreed to by the Manager Land Development.
47. Prior to endorsement of the Plan of Survey for Stage 2, the existing sewer main, rising main
and effluent main that traverse the site shall be relocated generally in accordance with Tate
Professional Engineers drawing No. C1732/07/J/P04 dated 19/11/07.
48. Prior to endorsement of the Plan of Survey for Stage 2, if required the applicant shall upgrade
any existing sewer services (including pumps or pump station) at no cost to Council.
49. 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 exceeding 1m in height, raised terraces, etc) shall be constructed within this
‘zone of influence’ or within 1.5m of the centreline of the sewer main, whichever is the greater.
As such the applicant shall amend Operational Works plans including Building plans to ensure
compliance.
50. Design for a sewerage system to connect all new lots within the site to Council's existing
sewerage reticulation system shall be to the standards and requirements set out in Council’s
Engineering Design Standards. If the design requires the construction of a pump station and a
rising main, the connection point to Council's existing system will be nominated by the
Manager - Land Development.
51. All connections to sewer system shall be carried out either by Council or by a Council
approved Contractor and at no cost to Council.
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Town Water Supply
52. 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.
53. Prior to endorsement of the Plan of Survey for Stage 1, the newly created parcel shall have a
single water connection to the water reticulation system, which shall extend to the property
boundary and be metered. This work may be covered by an uncompleted works bond at
150% of the value of the connection that can be in place for a duration agreed to by the
Manager Land Development.
54. Prior to endorsement of the Plan of Survey for Stage 2. the development shall be served by:
A single Body Corporate water meter to measure the total water consumption (including
fire hose reels, but excluding fire hydrants and fire sprinkler systems), and
Individual water meters to each tenement capable of being separately rated, and
A fire service (fully testable single detector check with metered bypass), where applicable,
for flows to fire hydrants and fire sprinkler systems (excluding fire hose reels).
55. All fees for the supply of water meters shall be paid to the Council.
56. 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. In this regard approval of the water meter
configuration and location must be obtained from Council’s Water & Sewerage Capital Works
Manager prior to lodgement and approval of hydraulic drawings.
57. Fire hydrants are to be provided throughout the development in accordance with Council
Engineering Design Standards and in accordance with Queensland Fire Service Standards.
58. Any connection to a water main shall be undertaken by Council.
Service Easements (Sewer / Stormwater)
59. A registered easement shall be created over the zone of influence of all sewers 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 3.0m wide
overall. 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. To this extent the surveyor shall certify that
the sewer and the zone of influence is wholly contained within the easement to be created.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged at the
Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of
Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the
use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
60. A registered easement shall be created over any stormwater drainage discharge points from
the proposed Stages 1 or 2 to enable that Stage to discharge stormwater onto the golf course
parcel. Easements shall also be created if required to allow Council’s road reserve and the
golf course to discharge onto Stage 1 or 2.
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61. Registered easements are to be provided on the Plan of Survey over all sewerage mains
within private property. Easements are to be equivalent in width to twice the depth to invert
level of the sewer at the deepest point within the allotment. Easements are to be provided
parallel to and centred over the sewer line, with a minimum width of 3.0 metres.
62. No building or other structure shall be constructed or encroach over an easement.
63. Any building or structure within proximity of an easement or any other public utility’s
underground services must have its foundations designed so that no surcharge loads are
imposed upon such underground infrastructure. Foundations must be taken down a minimum
of 1.0m below a line of influence measured 1.0m 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.
Earthworks
64. A registered practicing Geotechnical Engineer shall test the existing ground conditions for
suitability of placing additional fill, prior to such fill being placed.
Filling works shall be restricted to the subject site itself, and the finished fill levels are to taper
to the level of the adjoining property prior to the rear boundary of the property. Batters shall be
at a maximum grade of 1:4 unless retained by a wall.
Any existing fill or natural materials on the site or with the extent of approved works external to
the site which do not satisfy the Manager - Land Development's or a Geotechnical Engineer's
requirements shall be removed and replaced with suitable material.
65. Following completion of the filling works and prior to endorsement of the Plan of Survey for
Stage 2, the registered practicing Geotechnical Engineer supervising the works shall submit
compaction tests across the entire filled areas and a site classification report for each lot
subject to filling. The extent of fill and each lot site classification shall be shown on a metes
and bounds survey plan.
An appropriate property notation shall be placed on Council's rates records to advise
prospective purchasers of lots that have been filled that special foundations requirements will
apply.
Acid Sulfate Soils
3
66. As the site is located below the 5m AHD, any excavation works consisting of 100m or greater
3
and/or any filling works consisting of 500m or greater and with an average depth of 0.5m or
greater will need to be carried out in accordance with State Planning Policy 2/02 Planning and
Managing Development Involving Acid Sulfate Soils. In this regard appropriate testing and
supporting documentation prepared by a suitably qualified specialist shall be submitted to
Council for approval prior to obtaining a Development Permit for Operational Works.
67. As the subject site is likely to contain Acid Sulfate Soils, Council wishes to make the applicant
aware of their obligations in terms of good environmental practice, which requires that Acid
Sulfate Soils:-
should not be removed from the site,
should not be disturbed, if possible, and
should be treated and neutralized on site where required.
In the event that Acid Sulfate Soils are removed from site and forwarded for disposal at one of
Council’s landfill sites, Council may:-
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refuse to accept such soil, or
treat and neutralize the soil and charge such costs for soil testing and remediation to the
applicant and or developer of the site.
Site Stability
68. 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.
Erosion and Sediment Control
69. 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.
Vegetation Protection & Preservation
70. All Class 1, Class 2 and Class 3 pest plants declared under the Land Protection (Pest and
Stock Route Management) Act 2002 are to be controlled on the site prior to Council
endorsement of the plan of survey. In this context “controlled” shall mean, for class 1 and 2
pests, completely eradicated. For class 3 pests it shall mean removal of the plants where they
threaten environmentally significant areas of the site such as riparian zones and areas of
natural vegetation. Where class 3 plants are removed as a result of this condition and there is
not sufficient natural regeneration of native species, the areas shall be replanted with endemic
native species so that a sustainable natural ecosystem is restored.
Council’s Conservation Management Supervisor will not inspect the site until 30 days after the
weed treatment and replanting is complete
71. Vehicular pavements within the drip zone of any of the existing trees on site to be retained
shall be designed as a pervious pavement (such as grass paving cells or similar), as this will
allow water that falls on this surface to penetrate to the trees root system. The pavement shall
be constructed so as not to damage the tree or their root system and in this regard temporary
fencing shall be provided around the trees during construction to help protect them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of
the pervious pavement and the temporary fencing prior to obtaining a Development Permit for
Operational Works.
72. Where retained tress are located in areas proposed to filled on site (or are located on
neighbouring allotments to the actual site to be filled), there will be a need to prevent fill
material from being placed on the trees root system. To this end the design of the filling works
will need to incorporate terracing around the tree or a similar means of ensuring that the
natural ground level around the trees remains generally the same as existing. These
measures shall clearly be shown on the plans submitted for Operational Works approval and
any drainage required to drain these areas shall also be shown on the plans.
Contributions Towards Council Infrastructure
73. Monetary contributions shall be paid to Noosa 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
outlined in the table below:
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Amount:
Contribution Required For:
Stage 1 Stage 2 TOTAL
PSP12 – Public Open Space Contributions (Park) - - -
PSP16 – Sewerage Headworks Contributions $1,318 $34,270 $35,588
PSP17 – Water Supply Headworks Contributions $4,892 $127,204 $132,096
PSP20 – Pathway Trunk Network Contributions $703 $18,271 $18,974
TOTAL Contribution Amount = $ 6,913 $179,745 $ 186,658
Please note, that these amounts are all subject to variations in the Consumer Price Index, All
Groups Brisbane from JUNE 2008 until the date of payment.
All contributions must be paid prior to Council endorsement of the plan of survey.
General
74. A suitably qualified Registered Professional Engineer Queensland 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.
75. Digital detailed designs including drawings, calculations, specifications and a schedule of
works, shall be submitted with any application for a Development Permit for Operational
Works in respect of roadworks and stormwater drainage works. The design shall be in
accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards –
Roads, Drainage and Earthworks. To avoid conflict with underground pipes or services, all
existing and proposed services required by the development shall be shown on the plans.
76. 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).
77. 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.
78. 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.
79. 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.
80. 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).
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Approval of works shall not be granted until all As Constructed information has been supplied
and accepted by Council.
81. The proposed names of new roads (public and private) and parks shall be lodged with the
application for a Development Permit for Operational Works.
Names are to be selected from any of the following categories:-
Easily pronounced words of Murri languages.
Names or words of local significance or historical interest.
Flora, fauna, industry, topographical, geological and similar features and terms relative to
the district.
Surnames of persons of merit or historical significance. (Personal names should be
avoided.)
Approval will not be given to a name that is the same or similar to the name of another road in
the Shire, or of a road in close proximity in a neighbouring Shire. Names that are not easily
pronounced, or may cause confusion to emergency services are to be avoided.
All street signs on new roads (public and private) and parks shall be erected prior to works
being accepted on maintenance. For private roads and parks, Council will provide the
nameplate and signpost to the Applicant upon payment of $250 per sign.
Environmental Health
82. A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No.9
“Waste Management Multi-Dwellings and Commercial and Industrial Premises”, Must be
submitted for the day-to-day operation of the development and approved by Council’s
Environmental Health prior to the issue of a Development Permit for Operational Works.
The plan shall include the following information:-
Refuse bin collection locations for general and recyclable waste;
Road measurements; and
Turning circles for refuse collection bins demonstrating suitable manoeuvring areas within
the internal road network;
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Site contains Concurrence Department of PO Box 573
assessable vegetation Natural Resources NAMBOUR QLD 4560
& Water
Acid Sulfate Soils at or Advice Department of PO Box 573
below 5m AHD and Natural Resources NAMBOUR QLD 4560
involves filling of & Water
3
1000m or more
Site adjoins National Advice Environmental Ecoaccess Customer
Park Protection Agency Service Unit
PO Box 15155
CITY EAST QLD 4002
A copy of any referral agency conditions is attached.
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6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
M1806-10 Proposal Plan – Stage 1 – Jones Flint & 30 October 2007
Pike Pty Ltd
M1806-11A A Proposal Plan – Stage 2 – Jones Flint & 7 November 2007
Pike Pty Ltd
447 - SK03 Proposed Building Setbacks From January 2009
Boundaries – Allan Starkey & Associates
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. The applicant is informed that the site is identified as a Koala Living Area under the Nature
Conservation (Koala) Conservation Plan 2006 and Management Program 2006-2016 and may
contain koalas. The use of a Koala Spotter is encouraged in areas where koalas are likely to
occur, prior to the removal of Angophora, Corymbia, Eucalyptus, Lophostemon and Melaleuca
species. Further information can be obtain from the Environmental Protection Agency at
<http://www.epa.qld.gov.au> or Ph. (07) 32278185.
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:-
On a Sunday or public holiday, at any time; or
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. 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 Approved Development
STAGE
Existing Use Approved Use
Existing Quantity Approved Quantity
Class / Use Class / Use
Open Space 1 x Lot
Recreation
Open Space + +
1 1 x Lot
Recreation Multiple Housing 1 x Detached house
- Type 4 – lot within a group title
Conventional subdivision
Multiple Housing 1 x Detached house Multiple Housing 27 x Detached house
2 - Type 4 – lot within a group title - Type 4 – lot within a group title
Conventional subdivision Conventional subdivision
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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 Stage 1 = $2,905 and Stage 2 = $75,522 (TOTAL
= $78,427) and is subject to variations in the Consumer Price Index, All Groups Brisbane from
JUNE 2008 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.
6. The following property note (or similar) will be placed on Council’s rates records for the new
allotments:
"This property is close to Noosa Coastal Wastewater Treatment Plant. Whilst computer odour
modelling has determined that the development complies with the Queensland Odour Amenity
Guideline, odour may be detected at some times."
7. 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.
8. 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.
9. The applicant is advised that this development may require the provision of fire hydrants and a
booster pump in accordance with the Building Code of Australia, and consultation may also be
needed with Queensland Fire Services to ensure suitable fire fighting infrastructure is
provided. To this end any necessary fire hydrants shall be clearly shown on the plans
submitted for both Operational Works and Building Works approval and if a booster pump is
deemed necessary, the plans shall indicate where the fire truck is to be accommodated in
order to provide boosting to the water supply.
10. For the purpose of these conditions, the following definitions apply: -
A. A Plan of Survey means the plan for the reconfiguration of a lot required to be
endorsed by Council pursuant to S3.7.1 of the Integrated Planning Act 1997.
B. A Registered Professional Civil Engineer (RPEQ) means a civil engineer who is
registered in Queensland pursuant to the Professional Engineers Act 1988.
C. Carparking area means a parking area as defined in the Schedule to the Shire of
Noosa Planning Scheme inclusive of manoeuvring areas and access from the
roadway.
D. The person acting on this permit means any person or company who undertakes
development pursuant to this permit.
E. AS 2890.1 – 2004 means Australian Standard for Off Street Carparking - AS 2890.1-
2004.
F. 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.
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).
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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
The following property note (or similar) will be placed on Council’s rates records for the new
allotments:
This property is close to Noosa Coastal Wastewater Treatment Plant. Whilst computer odour
modelling has determined that the development complies with the Queensland Odour Amenity
Guideline, odour may be detected at some times.
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Subject of the required Development Permit
required
Development Permit for Operational Access and/or Carparking, Site Civil Works, Roadworks,
Works Stormwater Drainage, Frontage Works, Sewer Reticulation
(including new mains, relocations, diversions, pump stations
and rising mains), Water Reticulation, Earthworks,
Landscaping & Erosion & Sediment Control
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:
Advertising Devices Code
Detached House Driveways Code
12 SUBMISSIONS
There was one (1) properly made submission about the application. In accordance with Integrated
Planning Act 1997, the name and address of the principal submitter for each properly made
submission is provided and attached.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Find that the following grounds are sufficient to support the proposal despite the conflict with the
Superseded Planning Scheme:
1. The scale of the development will not exceed that anticipated by the approved Plan of
Development for the site;
2. The Plan of Development provides for residential development to extend beyond the
boundaries of the identified residential precincts;
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3. The proposal will not unduly compromise the existing golf or recreational facilities within Noosa
Springs estate or the Noosa Heads locality; and
4. The proposed development is compatible with the general amenity and character of Noosa
Springs; and
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.
Please note that the Development approval does not take effect and cannot be acted upon, until the
end of the submitter’s appeal period.
15 OTHER DETAILS
Should you wish to obtain more information about Council’s decision, electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Decision Notice History
23 October 2008 Original Decision Notice.
3 March 2009 Negotiated Decision Notice
with amendments to
Conditions 1, 34, 63 & 73
and amendments to
Conditions 3, 5, 12, 23, 28,
33, 40 & 64 in part only.
Yours faithfully,
Kerri Coyle
MANAGER – LAND USE
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List of Submitters
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
Peter & Heather Monks
39 Jolly Street
CLAYFIELD QLD 4011
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Referral Agency Conditions –
Department of Natural Resources &
Water
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2007/2399 21 of 26 [OCR of page images] 2007/2399 If the disturbance of ASS cannot be avoided, the potential impacts of that disturbance must be treated and managed to: © neutralise existing acidity and prevent the generation of acid and metal contaminants; and * avoid releasing surface or groundwater flows containing acid and metal contaminants into the environment. The following advice is offered on whether the application demonstrates that the proposed development can achieve Outcome 1 of SPP 2/02. Background ASS mapping’ shows part of the site in an area mapped as likely t to contain ASS, with the remainder low probability. Geology mapping shows the site as quaternary coastal wetlands. Surface elevations range from 1.5m to 9m AHD. The planning reports states that excavations below 5m AHD are not anticipated, however they are not able to rule this out due to exact details only being known once Council have approved and conditioned the application. Accordingly, they request that preparation of an ASSMP be imposed as a condition. The Engineering Report states that filling of the south west corner of the site will be required, with minimal earthworks in the remainder of the site to provide the cut to fill earthworks for the new roadworks profile, and infrastructure trenching. A lake appears to be proposed as part of the realignment of the 18" tee. ASS Investigation Report The following advice is offered on the preliminary ASS investigation undertaken by Golder Associates and dated October 2007. NRW notes that the report is preliminary due to details of the proposed earthworks and buildings were not known at the time of reporting. The ASS investigation revealed the presence of ASS in the southwest comer of the site. With respect to SPP 2/02 and related guidelines’, the ASS investigation is deficient in the following areas: « the number of boreholes — 2 were tested as part of the ASS investigation instead of 6; * the number of samples analysed — 6 in the two boreholes, instead of 6 per borehole. NRW support the proposal to drill 4 additional boreholes once more detailed information is available on the proposed development. In order for the ASS investigation to be consistent with SPP 2/02 and related guidelines, NRW recommend further ASS investigations which address the deficiencies detailed above. ! Acid Sulfate Soils - Tweed Heads to Nerang River. NR&M, 2003 > NR&M & DLGP, (2002) State Planning Policy 2/02 Guideline Ahern CR, Ahem MR and Powell B (1998). Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils (ASS) in Queensiand. Department of Natural Resources, Indooroopilly. Ahern CR, McElnea AE and Sullivan LA (2004). Acid Sulfate Soils Laboratory Methods Guidelines. In Queensland Acid Sulfate Soils Technical Manual. Department of Natural Resources and Mines, Indooroopilly, Dear SE, Moore NG, Dobos SK, Walling KM and Ahern CR (2002). Soil Management Guidelines. in Queensland Acid Sulfate Soils Technical Manual. Department of Natural Resources and Mines, Indooroopilly. Dear SE, Moore NG, Watling KM, Fahl D and Dobos SK (2004). Legislation and Policy Guide. In Queensland Acid Sulfate Soils Technical Manual. Department of Natural Resources and Mines, Indooroopilly, The Department of Natural Resources and Water ICO103NAMO002 "pots 21 of 26
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2007/2399 22 of 26 [OCR of page images] 2007/2399 ASS Management Plan An ASS management plan (ASSMP) has not been undertaken, due to details of earthworks not being available, however basic management strategies have been mentioned in the ASS investigation. Referral Agency Recommendations NRW consider that the information provided with the application does not adequately demonstrate that the proposed development can achieve Outcome 1 of SPP 2/02. In order for the ASS investigation to be consistent with SPP 2/02 and related guidelines, NRW recommend further investigations as detailed above. This could be undertaken as a condition of approval. NRW recommend that an ASSMP be undertaken consistent with SPP 2/02 and related guidelines. This could be undertaken as a condition of approval. While NRW offers this advice under SPP 2/02, it remains the duty of care of the site owner not to cause Environmental Harm as defined under the Environmental Protection Act 1994. . Third Party Matters The Chief Executive of the Department of Natural Resources and Water provides the following advice to assist the Assessment Manager to fully consider the application. Aboriginal Cultural Heritage Act 2003 NRW also takes this opportunity to advise Council of the responsibilities of applicants under the Aboriginal Cultural Heritage Act 2003. Council may wish to include this information as an Advisory Note on the Decision Notice issued for the application. Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the “cultural heritage duty of care"). Maximum penalties for breaching the duty of care are $750,000 for a corporation and $75,000 for an individual. Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003, available on the NRW website, or in accordance with an agreement with the Aboriginal party for the area or a cultural heritage management plan approved under part 7 of the Aboriginal Cultural Heritage Act 2003, Applicants are also encouraged to undertake a search of the Aboriginal Cultural’ Heritage Database and the Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit, Department of Natural Resources and Water. Application forms to undertake a free search of the Cultural Heritage Register and the Database may be obtained by contacting the Cultural Heritage Coordination Unit on (07) 3238 3838 or on the NRW website www.nrw.qid.gov.au/cultural_heritage. . Authorised Delegate Signature Asn Ken Murray Principal Natural Resource Officer The Department of Natural Resources and Water ICO108NAMO002 . 30f5 22 of 26
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2007/2399 23 of 26 [OCR of page images] 2007/2399 South East Region 7 February 2008 The Department of Natural Resources and Water ICO108NAMO0002 4ofs 23 of 26
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2007/2399 24 of 26 [OCR of page images] 2007/2399 Glossary Clearing as a result of the MCU/RaL includes: « Clearing as a result of the MCU; and + Clearing as a result of the RaL. Clearing as a result of the MCU includes: ¢ clearing of assessable vegetation that will result from the change in use, consisting of any of the following - Clearing for infrastructure—including buildings, stormwater management systems, water supply and sewerage systems—that are proposed as part _ Of the MCU application — clearing for roads, vehicle parking, vehicle and pedestrian access, utilities corridors, services, fences, firebreaks and fire management lines that are proposed as part of the MCU application - Clearing that may not be necessary for developing infrastructure but is associated with the use applied for. And ¢ clearing of assessable vegetation that will become exempt if the development application is approved. This includes any of the following examples — clearing for routine management and essential management purposes associated with the approved development including clearing to maintain proposed infrastructure, facilities, roads, access routes, utilities, services and fences, and clearing to maintain the safety of persons and property that will be associated with the development — clearing for necessary fire breaks and fire management lines associated with the development. This will be assessed as follows i. all built infrastructure other than underground services, roads and fences will be assessed as requiring clearing for firebreaks with a width of 1.5 times the height of the tallest vegetation adjacent to the infrastructure, or 20m, whichever is the greater. However, evidence may be provided to NRW that confirms that an alternative firebreak width is required that is consistent with the State Planning Policy (SPP) 1/03 Guideline ii- all proposed allotment boundaries will be assessed as requiring clearing for fire management lines with a width of 10m constructed on either side of the allotment boundary, unless NRW is provided with evidence that confirms that an alternative width of fire management line is required or an alternative configuration of fire management lines are required that is consistent with the SPP 1/03 Guideline iii, in the case of evidence being presented that demonstrates alternative fire management guidelines as being sufficient and consistent with the SPP 1/03, NRW may condition the development so that the full extent of exempt clearing prescribed for essential management under Schedule 8 of the IPA cannot be carried out by current or future landholders - where there is a concurrent application for Reconfiguring of a Lot (RaL) for the same land that has not yet been decided—clearing as a result of the RaL as set out in the RaL Policy item 2 will be assessed, The Department of Natural Resources and Water ICO108NAM0002 50f5 24 of 26
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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 may 4.1.29.(1) An advice agency may, within the limits of its
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 any assessment; and
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 relevant period; days after the day the decision notice or negotiated
(e) a deemed refusal. decision notice is given to the advice agency as a
submitter.
(2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the “applicant’s appeal Appeals for matters arising after approval given
period”) after the day the decision notice or negotiated (co-respondents)
decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be started at development application, a person to whom any of the
any time after the last day a decision on the matter should following notices have been given may appeal to the
have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for extension
4.1.28.(1) A submitter for a development application may of the relevant period for an approval;
appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including any minor change to an approval.
conditions (or lack of conditions) or other provisions (2) The appeal must be started within 20 business
of the approval; or days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the approval
days (the “submitters appeal period”) after the day the resulted from a development application (superseded
decision notice or negotiated decision notice is given to planning scheme) that was assessed as if it were an
the submitter. application under a superseded planning scheme.
(3) If a person withdraws a submission before the (4) Also, a person who has made a request
application is decided, the person may not appeal the mentioned in subsection (1) may appeal to the court
decision. against a deemed refusal of the request.
(4) If an application involves both impact assessment (5) An appeal under subsection (4) may be started at
and code assessment, appeal rights for submitters are any time after the last day the decision on the matter
available only for the part of the application involving should have been made.
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
would have required public notification under the 4.1.31.(1) A person to whom any of the following notices
repealed Act. 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 6.1.442 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 relevant 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
charges schedule or regulated State infrastructure
Division 3 – Appeals to tribunals relating to
charges schedule.
development applications
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)
26 of 26
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