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Decision Notice - 010.2008.00000973.001 [As Published] · 132008.973
Officer: Duncan Thompson
Direct Telephone: (07) 5449 5175
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/973
Your Reference:
30 June 2008
Fitzsimon Family Property Trust
18 Elgin Street
ALDERLEY QLD 4051
Dear Sir
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 30 June 2008 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/973
Street address: 18 Boreen Parade, Boreen Point
Real property description: Lot 12 RP 59216
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use - Detached House
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered, titled and dated:
Plan / Rev. Plan / Document Name Date
Document No.
FTZ.002 DD01 Site Plan – Robert Day Architects 12/02/08
FTZ.002 DD02 First Floor Plan – Robert Day Architects 12/02/08
FTZ.002 DD03 Ground Floor Plan – Robert Day 12/02/08
Architects
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FTZ.002 DD04 Elevations 1 - Robert Day Architects 12/02/08
FTZ.002 DD05 Elevations 2 – Robert Day Architects 12/02/08
and as may be amended by these conditions and annotations on the plans.
2. Minimum floor levels shall not be less than 3.6 metres or that otherwise specified by Council.
3. The front verandah shall not be enclosed.
4. 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.
5. A rainwater storage tank with a minimum capacity of 5000 litres shall be provided on site to
service the detached house. The tank is to be installed to ensure water from the tank can be
used both:
5.1. For external use such as watering gardens, irrigation, ornamental ponds or water
features, topping up swimming pools, outdoor cleaning; and
5.2. For use in flushing of toilets internal to the building.
6. All hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural).
7. The building height shall not exceed 8.0 metres above natural ground level.
8. Existing trees on the site and within road reserves are to be retained, except where required to
be removed due to building operations or the conduct of the approved use. In this regard, the
removal of vegetation shall not extend beyond 3 metres of the building footprint of the
Detached House.
9. All other vegetation shall be protected from interference resulting from clearing or construction
activities by:
9.1. Clearly marking vegetation to be retained with flagging tape;
9.2. Installing protective fencing around the drip line of the vegetation;
9.3. Stockpiling, storage and vehicle parking occurs in already cleared areas and does not
cause interference with vegetation; and
9.4. Low impact construction techniques are used around vegetation to minimise
interference with the vegetation.
10. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
10.1. 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.
10.2. Disposal for firewood.
10.3. Disposal for landscaping purposes.
10.4. 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.
10.5. The Applicant is advised that other methods may be considered provided full details of
the method are submitted.
10.6. The applicant is advised that burning off is an unacceptable method of disposal.
11. Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) are
not constructed under overhead electricity transmission lines, or within any easements.
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2008/973
12. External colours and finishes of the building shall comprise of muted/environmental tones that
blend with the natural environment.
Currency
13. The Development Permit for a material change of use lapses if the use has not happened by
30 June 2012, unless an application to extend the currency is approved by Council.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
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
FTZ.002 DD01 Site Plan – Robert Day Architects 12/02/08
FTZ.002 DD02 First Floor Plan – Robert Day Architects 12/02/08
FTZ.002 DD03 Ground Floor Plan – Robert Day 12/02/08
Architects
FTZ.002 DD04 Elevations 1 - Robert Day Architects 12/02/08
FTZ.002 DD05 Elevations 2 – Robert Day Architects 12/02/08
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:-
1.1. On a Sunday or public holiday, at any time; or
1.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
2. Prior to the commencement of the development, a plumbing assessment must be obtained
from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage
Act 2002 (as applicable).
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.
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2008/973
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 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
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All Building Works
11 SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Detached House Driveways Code
12 SUBMISSIONS
Not applicable
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).
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.
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2008/973
Yours faithfully,
Duncan Thompson
ASSISTANT PLANNING OFFICER
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[OCR of page images]
2008/973
Yours faithfully,
Duncan Thompson
ASSISTANT PLANNING OFFICER
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
(5) If an application is processed under section
The following is an extract from the Integrated 6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4). application are available only for the aspects of the
development that would have required public
Division 8 - Appeals to court relating to
notification under the repealed Act.
development applications
Appeals by applicants (6) If an application involves assessment
4.1.27.(1) An applicant for a development against a concurrence agency code, appeal rights
application may appeal to the court against any of for submitters for the application are not available
the following- against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a concurrence agency’s response for the code.
development application; Appeals by advice agency submitters
(b) a matter stated in a development approval, 4.1.29.(1) An advice agency may, within the limits
including any condition applying to the of its jurisdiction, appeal to the court about the
development, and the identification of a code giving of a development approval for a
1
under section 3.1.6; development application if-
(c) the decision to give a preliminary approval (a) the development application involves impact
when a development permit was applied for; assessment; and
(d) the length of a currency period; (b) the advice agency told the applicant and the
(e) a deemed refusal. assessment manager to treat its response to
the application as a submission for an appeal.
(2) An appeal under subsection (1)(a) to (d)
must be started within 20 business days (the (2) The appeal must be started within 20
“applicant’s appeal period”) after the day the business days after the day the decision notice or
decision notice or negotiated decision notice is negotiated decision notice is given to the advice
given to the applicant. agency as a submitter.
(3) An appeal under subsection (1)(e) may be Appeals for matters arising after approval given
started at any time after the last day a decision on (co-respondents)
the matter should have been made. 4.1.30.(1) For a development approval given for a
Appeals by submitters development application, a person to whom any of
the following notices have been given may appeal
4.1.28.(1) A submitter for a development
to the court against the decision in the notice-
application may appeal to the court about-
(a) a notice giving a decision on a request for
(a) the giving of a development approval, including
extension of the currency period for an
any conditions (or lack of conditions) or other
approval;
provisions of the approval; or
(b) a notice giving a decision on a request to make
(b) the length of a currency period for the approval.
a minor change to an approval.
(2) The appeal must be started within 20
(2) The appeal must be started within 20
business days (the “submitters appeal period”)
business days after the day the notice of the
after the day the decision notice or negotiated
decision is given to the person.
decision notice is given to the submitter.
(3) Subsection (1)(a) does not apply if the
(3) If a person withdraws a submission before
approval resulted from a development
the application is decided, the person may not
application (superseded planning scheme)
appeal the decision.
that was assessed as if it were an
(4) If an application involves both impact application under a superseded planning
assessment and code assessment, appeal rights scheme.
for submitters are available only for the part of the
(4) Also, a person who has made a request
application involving impact assessment.
mentioned in subsection (1) may appeal to
the court against a deemed refusal of the
request.
(5) An appeal under subsection (4) may be
started at any time after the last day the
1 decision on the matter should have been
Section 3.1.6 (Preliminary approval may override
local planning instrument) made.
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2008/973
Division 9 - Appeals to court about other Appeals by applicants
matters
Appeals for matters arising after approval given
(no co-respondents) 4.2.9(1) An applicant for a development application
4.1.31.(1) A person to whom any of the following may appeal to the Building and Development
notices have been given may appeal to the court Tribunal against any of the following-
against the decision in the notice- (a) the refusal, or the refusal in part, of a
(a) a notice giving a decision on a request to development application;
change or cancel a condition of a development (b) a matter stated in a development approval,
approval. including any condition applying to the
2
(b) a notice under section 6.1.44 giving a decision development, and the identification of a code
3
to change or cancel a condition of a under section 3.1.6;
development approval. (c) the decision to give a preliminary approval when a
development permit was applied for;
(2) The appeal must be started within 20
business days after the day the notice of the (d) the length of a period mentioned in section 3.5.21
decision is given to the person. currency period;
(3) Also, a person who has made a request (e) a deemed refusal.
mentioned in subsection (1)(a) may appeal (2) An appeal under subsection (1)(a) to (d) must
to the court against a deemed refusal of the be started within 20 business days (the “applicant’s
request. appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant.
(4) An appeal under subsection (3) may be
started at any time after the last day the (3) An appeal under subsection (1)(e) may be
decision on the matter should have been started at any time after the last day a decision on the
made. matter should have been made.
The Registrar for the Building and Development
Appeals against decisions to change approval
Tribunal may be contacted at the website
conditions under the repealed Act
http://www.localgovernment.qld.gov.au/
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act
may appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice
of the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on
the matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to
the court against the decision or the conditions
applied.
(2) The appeal must be started within 20
business days after the day notice of the decision
is given to the applicant.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to
development applications
2
Section 6.1.44 (Conditions may be changed or
3
cancelled by assessment manager or concurrence Section 3.1.6 (Preliminary approval may override
agency in certain circumstances) local planning instrument)
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