Council archive · source document
22783 DA Decision Notice · 132002.220222.1
Form 6 - Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 22783 DA Date of Decision: 7 November 2002
1. APPLICANT DETAILS
Name: CROMPCORP PTY LTD
Postal address: ATTENTION: GREG GIBBS PO BOX 1272 NOOSA HEADS QLD 4567
Phone no: 5474.0408 Fax no: 5474.0441 Mobile: 0418 874149
2. PROPERTY DESCRIPTION
Street address: 33 - 37 KATHARINA STREET
Suburb/locality NOOSA HEADS
Real property LOTS 124, 125 & 126 RP 92518 PARISH WEYBA COUNTY MARCH
description:
3. OWNER DETAILS
Name: CROMCORP AUSTRALIA PTY LTD
Postal address: PO BOX 1744 MILTON QLD Postcode: 4064
4. REFERRAL AGENCIES
Referral Agency Address Basis
Nil
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Duplex Dwelling x 3 NO YES
6. DECISION DETAILS
Council decided to approve the application and grant a Development Permit, subject to conditions.
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
• Not applicable.
8. SUBMISSIONS
No submissions were received.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached.
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NOOSA COUNCIL IDAS Development Application Decision Notice 2
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Building Works Duplex Dwelling x 3
Operational Works Landscaping, Car Parking, Access, Site Civil Works,
Stormwater Drainage, Frontage Works, Site Filling
11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
12. ASSESSMENT MANAGER
Name: Noosa Shire Council Signature: Date: 12/11/2002
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NOOSA COUNCIL IDAS Development Application Decision Notice 3
Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Land Use
1. Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plans are numbered 871-SW-1 prepared by Construction Hydraulics
Building Service Engineers and dated 13-9-02 and 0239 SK 01 B, 0236 SK 01 A1 to A2, 0240 SK 01 A3,
0239 SK 02 A1, 0240 SK 02 A2, 0236 SK 02, 0236 SK 03 A1, 0239 SK 03 A2, 0240 SK 03 A3, 0236 SK
04 C, 0239 SK 04 C and 0240 SK 04 C prepared by Greg Gibbs Architects and as may be amended by
these conditions. The colour of the development shall be of muted earth tones generally in accordance
with the approved colour perspective drawing for the development stamped approved.
2. Colourbond custom orb roofing, window hoods and timber features are commensurate with the Noosa
Heads/Noosaville character and are to be incorporated across all three duplex dwellings.
3. The duplex dwellings are not to exceed 8 metres above both natural and finished ground levels.
4. The access gates are not to be solid in form, but are to be constructed utilising transparent materials.
5. 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.
6. The open space and setback areas are to be landscaped in accordance with Council’s Policy on
Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to be completed
prior to the premises being occupied and maintained at all times thereafter and is to include the
establishment of dense vegetation within the front 2 metre setback of the road frontage property boundary
for the length of the development.
7. Existing trees on the site and within road reserves are to be retained, except where required to be
removed due to building operations or the conduct of the approved use. The landscape plans referred to
above are to denote areas of existing vegetation or existing trees proposed to be retained.
8. Security in the form of a cash bond or trading bank guarantee to the sum of $30000 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.
9. 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.
10. This Development Permit for a material change of use of premises lapses if:-
10.1 the use or erection of a building or other structure associated with the use, has not been
commenced by 7 November 2006, unless application is made and approved by Council for an
extension; or
10.2 the use of any premises pursuant to the Development Permit ceases.
11. The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to
obtaining a Development Permit for building works.
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NOOSA COUNCIL IDAS Development Application Decision Notice 4
Land Development
Vehicle Access
12. A 5.5 metre wide vehicular access driveway shall be constructed from Katharina Street. This driveway
shall extend for a distance of 6 metres measured from the kerb & channel into the property, where it shall
then taper to the proposed driveway width of 3.5 metres.
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent
vehicles from scraping and/or bottoming. Should any driveways be constructed to grades that do not
comply with AS2890.1-1993, Council will require that the driveway be removed and reconstructed to levels
that do comply.
13. All vehicles shall enter and leave the site in a forward direction.
Vehicle Access Easement
14. Vehicle access easements shall be created over the proposed driveway. To this end, the easements
shall:-
14.1 Burden Lot 125 on RP 92518 and Benefit Lots 124 & 126 on RP 92518, and
14.2 Burden Lot 126 on RP 92518 and Benefit Lots 124 & 125 on RP 92518.
In this regard a duly executed copy of the access easements shall be submitted to Council for perusal prior
to obtaining a Development Permit for Operational Works.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in
writing that the Title Deed and the access 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.
Any changes required by Council’s Solicitor must be corrected immediately.
Carparking
15. Carparking shall be provided within the site as shown on the approved plans (drawing numbers; 0236-SK-
02, undated; 0239-SK-02-A, dated April 2002; and 0240-SK02-A dated April 2002; all by Greg Gibbs
Architects), except as modified herein.
16. The carparking area shall be designed to comply with the provisions of AS 2890.1-1993 for user class 1,
and the minimum head clearance (headroom) at any point shall be 2.2 metres.
Frontage Works
17. A new 1.2 metre wide concrete path shall be constructed along the frontage of the site in accordance with
Council’s design standards. Care shall be taken to protect any significant vegetation or any underground
services.
18. The path shall be designed and constructed to ensure pedestrian safety using non-slip materials and to
produce an evenly graded surface finish.
19. All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel and
footpath paving in accordance with Council’s Standard specifications prior to commencement of the use
permitted by this permit.
20. Footpath improvements such as topsoiling, grassing, and tree planting are required to the frontage of the
site in accordance with Planning Scheme Policy PSP1 Landscaping Guidelines. Grass shall be couch,
free of weeds.
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NOOSA COUNCIL IDAS Development Application Decision Notice 5
Stormwater Drainage
21. Stormwater drainage shall be collected on site and discharged generally in accordance with:-
21.1 Drawing number 871-SW-1, dated 13/09/02, by Construction Hydraulic Building Services
Engineers, and
21.2 The two single page reports headed Calculation of Stormwater Runoff and Rainfall Absorption Pit
Design, both prepared by Construction Hydraulic Building Services Engineers (Job No 871).
Detailed plans however shall be prepared by a Registered Professional Civil Engineer and submitted to
Council prior to obtaining a Development Permit for Operational Works.
22. The maximum discharge of stormwater drainage allowable to Council’s street drainage system at any one
location is 25 litres/second.
23. All site stormwater drainage shall be by means of a gravity system.
24. Registered easements shall be created over the stormwater pipe proposed to run along the northern
boundary of the site, as this pipe benefits and burdens the individual lots.
The easements shall generally be parallel to and centred over the pipe and be at least 1.5 metres wide.
In this regard a duly executed copy of the easement shall be submitted to Council for perusal prior to
obtaining a Development Permit for Operational Works.
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.
Any changes required by Council’s Solicitor must be corrected immediately.
Sewer Mains
25. The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in
accordance with Council’s standards and requirements at no cost to Council.
26. A registered easement shall be created over the existing sewer main that runs along the rear boundary of
the site. The easements shall generally be parallel to and centred over the sewer main and be equivalent
in width to twice the depth to invert level of the sewer at the deepest point within the allotment (measured
from the finished surface) and be no less than 3.0 metres wide.
In this regard a duly executed copy of the easement shall be submitted to Council for perusal prior to
obtaining a Development Permit for Operational Works.
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.
Any changes required by Council’s Solicitor must be corrected immediately.
27. No building or other structure shall be constructed or encroach over an easement. Any building or
structure within proximity of an easement or any other public utility’s underground must have its
foundations designed so that no surcharge loads are imposed upon such underground infrastructure.
Foundations must be taken down a minimum of 1 metre below a line of influence measured 1 metre in the
direction of the foundation from the centreline of the closest underground service and along the natural
angle of repose of the foundation soil type(s).
Plans, and supportive documents, detailing these proposed foundations shall be designed by a registered
practicing Geotechnical Engineer and submitted with the application for a Development Permit for
Operational Works.
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NOOSA COUNCIL IDAS Development Application Decision Notice 6
Town Water Supply
28. 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.
29. Each water connection to the water reticulation system shall extend to the property boundary and be
metered. Where multiple units are served by a single service, multiple water meters to each individual unit
shall be installed. All fees for the supply of water meters shall be paid to the Council.
Earthworks
30. Any earthworks required on site shall be carried out in a manner that does not affect any of the
neighbouring properties. To this end, earthworks shall be in accordance with Section 3.8 of Council’s
Engineering Design Standards Manual and carried out so as not to cause the ponding of water on any
adjoining lands or the blockage of, or interference with, any natural watercourses.
Erosion and Sediment Control
31. 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.
Headworks
32. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28 and PSP30 on
Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at the
rates applicable at the time of payment. An estimate only of the contribution rates as of March 2002 under
the current policies is as follows:
Water Supply $ 4,497
Sewerage $ 3,228
TOTAL $ 7,725
All headworks contributions must be paid prior to the issue of a Development Permit for Operational
Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the headworks
contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled,
the contribution or trading bank guarantee will be returned.
General
33. 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.
34. 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.
35. 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.
Environmental Health
36. The developer must provide a suitably screened imperviously paved area large enough for all refuse and
recycling containers.
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NOOSA COUNCIL IDAS Development Application Decision Notice 7
37. The development must be undertaken and operated in a manner that causes no detrimental effect upon
the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, dust or odour
nuisance or any other emissions in accordance with the nuisance provisions of the Environmental
Protection Regulation 1998. On the spot fines apply for such offences.
38. Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or located in a
manner which prevents a noise nuisance beyond the subject land in accordance with the nuisance
provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences.
39. Air conditioning units shall be located in a manner which prevents noise nuisance beyond the subject land
in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 and Council’s
Local Law No. 12 - Control of Nuisances. On the spot fines apply for such offences.
An occupier of premises where there is air-conditioning equipment must not use or allow the use of the
equipment -
(a) Before 7am or after 10pm on any day if it makes noise or causes noise to be made of more than the
higher of the following -
(i) 40 dB(A);
(ii) 3 dB(A) above the background noise level
(b) From 7am to 7pm on any day if it makes noise or causes noise to be made of more than the lower of
either of the following:
(iii) 50 dB(A);
(iv) 5 dB(A) above the background noise level
(c) From 7pm to 10pm on any day if it makes noise or causes noise to be made of more than 3 dB(A)
above the background noise levels.
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NOOSA COUNCIL IDAS Development Application Decision Notice 8
Local Laws, Policies & State Regulation
Requirements
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Advice
1. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the
Disabled Discrimination Act (DDA) in regard to the installation of disabled access and the provision of
disabled facilities, and that access to this building and the provision of sanitary facilities may need to
comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of
Australia.
2. The Environmental Protection Regulation 1998 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) Monday to Saturday, before 7:00am or after 6:30pm
(b) Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under this legislation.
3. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement,
concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably
be expected to move into a roadside gutter, stormwater drain or a water course. On the spot fines apply
for such offences.
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NOOSA COUNCIL IDAS Development Application Decision Notice 9
Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for
submitters for the application are not available against
Division 8 - Appeals to court relating to the part of the approval that represents the
development applications concurrence agency’s response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of
may appeal to the court against any of the following- its jurisdiction, appeal to the court about the giving of
(a) the refusal, or the refusal in part, of a development a development approval for a development
application; application if-
(b) a matter stated in a development approval, (a) the development application involves impact
including any condition applying to the assessment; and
development, and the identification of a code (b) the advice agency told the applicant and the
under section 3.1.6;1 assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a currency period; days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must Appeals for matters arising after approval given
be started within 20 business days (the “applicant’s (co-respondents)
appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of the
(3) An appeal under subsection (1)(e) may be following notices have been given may appeal to the
started at any time after the last day a decision on the court against the decision in the notice-
matter should have been made.
(a) a notice giving a decision on a request for
Appeals by submitters extension of the currency period for an approval;
4.1.28.(1) A submitter for a development application (b) a notice giving a decision on a request to make a
may appeal to the court about- minor change to an approval.
(a) the giving of a development approval, including (2) The appeal must be started within 20 business
any conditions (or lack of conditions) or other days after the day the notice of the decision is given
provisions of the approval; or to the person.
(b) the length of a currency period for the approval. (3) Subsection (1)(a) does not apply if the
approval resulted from a development application
(2) The appeal must be started within 20 business
(superseded planning scheme) that was assessed as
days (the “submitters appeal period”) after the day
if it were an application under a superseded planning
the decision notice or negotiated decision notice is
scheme.
given to the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the
mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the
against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be started
(4) If an application involves both impact
at any time after the last day the decision on the
assessment and code assessment, appeal rights for
matter should have been made.
submitters are available only for the part of the
application involving impact assessment. Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the (no co-respondents)
application are available only for the aspects of the
development that would have required public 4.1.31.(1) A person to whom any of the following
notification under the repealed Act. notices have been given may appeal to the court
against the decision in the notice-
1
Section 3.1.6 (Preliminary approval may override local planning (a) a notice giving a decision on a request to change
instrument) or cancel a condition of a development approval.
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NOOSA COUNCIL IDAS Development Application Decision Notice 10
(b) a notice under section 6.1.442 giving a decision to
change or cancel a condition of a development
approval.
(2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
(3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
(4) An appeal under subsection (3) may be started
at any time after the last day the decision on the
matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises or
the erection of a building or other structure permitted
by the planning scheme may appeal to the court
against the decision or the conditions applied.
(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
2
Section 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain
circumstances)
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