Approval Package · 132000.200186.1

Page 2

NOOSA COUNCIL IDAS Development Application Decision Notice                                                           2




                                         Noosa Council Conditions
                                         INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


Building

1.       A verification survey is to be undertaken on the building by a Licensed Surveyor and a certificate lodged
         with Council at completion of the work confirming compliance with the maximum building height above
         natural surface, required by the provisions of the Town Planning Scheme.

2.       The developer shall prepare at his expense, a geotechnical report and is to submit the report for appraisal
         by Council’s nominated geotechnical consultant and for approval by the Manager of Building. The report
         is to be accompanied by a fee of $1200 to cover the reasonable assessment costs of the consultant and
         the Manager of Building. A Development Permit for building works must not issue until the report is
         approved and any relevant findings incorporated into the design of the building works to the satisfaction of
         the relevant assessment manager.
Land Development

3.       Prior to occupation of the proposed dwelling, 2 off-street car parking spaces with a sealed access
         complying with AS2890.1 - 1993 shall be provided.

4.       The driveway shall be a maximum of 4.0 metres wide where it crosses the property boundary and the
         balance of the driveway within the lot shall be the minimum area required to provide access to the
         proposed garage. The remainder of the driveway within the footpath shall also have a maximum width of
         4.0 metres.

5.       Drainage of the garage and vehicle manoeuvring area shall be by gravity in accordance with Councils
         Schedule to the Planning Scheme section 3.4.4.12.

6.       Lot 21 on SP111721 was known to be in an area contaminated by unexploded ordinance. Any person
         acting on this permit shall exercise care when excavating.

7.       The proposed dwelling, building work or any construction shall not encroach into any areas depicted as
         ‘Natural vegetation in lots’ in the Plan of Development for this estate. Care shall be taken when
         excavating that earthworks batters do not extend into these areas nor extend over the boundary alignment
         at any other location.

8.       All stormwater from roofs and impervious surfaces is to be collected and disposed of on site via an
         infiltration pit. The pit shall be designed by a qualified Hydraulic Engineer to cater for a Q100 storm.
         Design details shall be submitted in conjunction with an application for a Development Permit for
         Operational Works (Drainage).

9.       The alteration of any public utility or other facilities necessitated by the development of land or associated
         construction works external to the site shall be at no cost to Council.

10.      Any person acting on this permit shall be responsible for the prevention of erosion and sediment export
         from the site. Site control measures such as silt fencing, controlled gravel access to the site and
         controlled disposal of waste, may be necessary.
Land Use

11.      Development undertaken in accordance with this approval must generally comply with the approved plans
         of development. The approved plans are numbered 25.401.1 to 25.401.1 prepared by Andrew McKellar
         Design and dated April 2000 and as may be amended by these conditions.

12.      This Development Permit for a material change of use of premises lapses if:-

         12.1      the use or erection of a building or other structure associated with the use, has not been
                   commenced within four (4) years of the date of issue of the Development Permit, unless
                   application is made and approved by Council for an extension; or




SEP o:\database\onestop\decision.doc

Page 3

NOOSA COUNCIL IDAS Development Application Decision Notice                                                          3


         12.2      the use of any premises pursuant to the Development Permit ceases.

Conditions for Operational Works - Landscaping

1.       The site is to be landscaped in accordance with the approved plan of development. The approved plans
         are prepared by Andrew McKellar Designs and dated June 2000 and labelled Landscaping Plan and as
         may be amended by these conditions.

2.       All vegetation at the rear of the site beyond the building envelope is to be retained in accordance with the
         Plan of Development.

3.       Landscaping is to be completed prior to the premises being occupied and maintained at all times
         thereafter.

4.       All manhole covers and grates must not be buried and must be visible at all times to ensure prompt
         access in case of emergency.




SEP o:\database\onestop\decision.doc

Page 4

NOOSA COUNCIL IDAS Development Application Decision Notice                                                                         4




                                                     Appeal Rights
                                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

    The following is an extract from the Integrated                           (6) If an application involves assessment against
    Planning Act (Chapter 4).                                              a concurrence agency code, appeal rights for
                                                                           submitters for the application are not available
    Division 8 - Appeals to                   court      relating     to
                                                                           against the part of the approval that represents the
    development applications
                                                                           concurrence agency’s response for the code.
    Appeals by applicants                                                  Appeals by advice agency submitters
    4.1.27.(1) An applicant for a development application                  4.1.29.(1) An advice agency may, within the limits of
    may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
    (a) the refusal, or the refusal                 in   part,   of   a    a development approval for a development
        development application;                                           application if-
    (b) a matter stated in a development approval,                         (a) the development application involves impact
        including any condition applying to the                                assessment; and
        development, and the identification of a code                      (b) the advice agency told the applicant and the
        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
        (3) An appeal under subsection (1)(e) may be                       the following notices have been given may appeal to
    started at any time after the last day a decision on the               the court against the decision in the notice-
    matter should have been made.
                                                                           (a) a notice giving a decision on a request for
    Appeals by submitters                                                      extension of the currency period for an approval;
    4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
    may appeal to the court about-                                             minor change to an approval.
    (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
        any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
        provisions of the approval; or                                     to the person.
    (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
        (2) The appeal must be started within 20 business                  approval resulted from a development application
                                                                           (superseded planning scheme) that was assessed as
    days (the “submitters appeal period”) after the day
                                                                           if it were an application under a superseded planning
    the decision notice or negotiated decision notice is
                                                                           scheme.
    given to the submitter.
                                                                              (4) Also, a person who has made a request
       (3) If a person withdraws a submission before the
                                                                           mentioned in subsection (1) may appeal to the court
    application is decided, the person may not appeal the
                                                                           against a deemed refusal of the request.
    decision.
                                                                               (5) An appeal under subsection (4) may be
       (4) If an application involves both impact
                                                                           started at any time after the last day the decision on
    assessment and code assessment, appeal rights for
                                                                           the matter should have been made.
    submitters are available only for the part of the
    application involving impact assessment.                               Division 9 - Appeals to court about other matters
        (5) If an application is processed under section                   Appeals for matters arising after approval given
    6.1.28(2), appeal rights for submitters for the                        (no co-respondents)
    application are available only for the aspects of the
    development that would have required public                            4.1.31.(1) A person to whom any of the following
    notification under the repealed Act.                                   notices have been given may appeal to the court
                                                                           against the decision in the notice-
    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.


SEP o:\database\onestop\decision.doc                                                   14/04/22

Page 5

NOOSA COUNCIL IDAS Development Application Decision Notice                  5


(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)




SEP o:\database\onestop\decision.doc                             14/04/22

Page 6

NOOSA COUNCIL IDAS Development Application Decision Notice              6




SEP o:\database\onestop\decision.doc                         14/04/22