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07-0070 NEGOTIATED Decision Notice [As Published] · 132007.70
Form 6 - Negotiated Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2007/70 Date of Decision: 24 October 2007
1. APPLICANT DETAILS
Name: Michael J Powell
Postal address: CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
Phone no: 07 5455 5425 Fax no: 07 5455 5725
2. PROPERTY DESCRIPTION
Street address: 14 Little Cove Road Noosa Heads
Real property Lots 1 & 4 RP 108495 & Lot 48 RP: 52918 County of March, Parish of Weyba
description:
3. OWNER DETAILS
Name: Michael J Powell
Postal address: 14 Kensington Gate
LONDON W8 5NA ENGLAND UNITED KINGDOM
4. REFERRAL AGENCIES
Referral Agency Address Basis
N/A
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Two Detached Houses No Yes
Lot Reconfiguration Boundary Realignment No Yes
6. DECISION DETAILS
Council on 4 July 2007 decided to approve the application and grant a Development Permit, subject to
conditions.
In relation to representations made by the applicant Council on 24 October 2007 decided to:
A. Agree to delete Conditions 37 and 43.
B. Approve a change to Conditions 67 and 68 to read as follows:
C. Issue a Negotiated Decision Notice in accordance with the above recommendations.
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Detached House Driveways Code.
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NOOSA COUNCIL IDAS Development Application Decision Notice 2 of 14 8. SUBMISSIONS Not Applicable. 9. CONDITIONS The approval is subject to conditions. Noosa Council’s conditions are attached. 10. FURTHER DEVELOPMENT PERMITS REQUIRED Type of Development Permit required Subject of the required Development Permit Development Permit for Operational Works Access & Carparking and Stormwater drainage Development Permit for Building works All Building work 11. RIGHTS OF APPEAL Rights of appeal in relation to this application are attached. 12. ASSESSMENT MANAGER Name: Noosa Council Signature: Date: 26/10/07 DECISION NOTICE HISTORY Original Decision Notice 4 July 2007. Negotiated Decision Notice with amendment to Conditions 67 & 68 deletion of conditions 37 & 43 on 24 October 2007 . AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@bc05b25d\@[email protected]
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NOOSA COUNCIL IDAS Development Application Decision Notice 3 of 14
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 titled and numbered SK.201 Rev. E dated 22 May 2007 and
SK.202 Rev. C, SK.203 Rev.A and SK.204 Rev A dated 23 April 2007 prepared by Kidd & Co Designers
and as may be amended by these conditions and annotations on the plans.
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. A rainwater storage tank with a minimum capacity of 5000 litres shall be provided on site to service each
detached house. The tank shall be installed to ensure water from the tank can be used both:
3.1. for external use such as watering gardens, irrigation, ornamental ponds or water features, topping
up swimming pools, outdoor cleaning; and
3.2. for use in flushing of toilets internal to the building.
All rainwater tanks are to be designed and installed in accordance with the Queensland Development
Code (QDC), Part 25 – Rainwater Tanks, and shall be part of the plumbing application in conjunction with
the building approval. The location and capacity of the tanks shall be clearly shown on the plans
submitted for Building Works and Operational Works approval and any overflow shall be directed to the
stormwater drainage system.
4. Fencing shall not exceed 2.0 metres above the natural and finished ground levels. Similarly, the
swimming pool and splash proof fence above coping height to be built to the boundary shall not exceed
2.0 metres above natural and finished ground level.
5. All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
(LPG or natural).
6. 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. 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.
7. Buildings and structures (including swimming pools, sheds, and outbuildings) shall not constructed under
overhead electricity transmission lines, or within any easements.
Vegetation
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.
9. All vegetation to be retained 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 shall be used around vegetation to minimise interference with
the vegetation.
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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.
11. The vegetation removed from the site shall be replaced with 14 tube stock trees (minimum 200mm pot
diameter) consisting of a mixture of native, endemic species such as Corymbia citriodora, Corymbia
intermedia, Corymbia tessellaris, Callitris columellaris, or Eucalypts of local origin. This vegetation shall
not be planted within the sewerage zone of influence area.
12. The large Bloodwood (Corymbia spp.) adjacent to the driveway entry shall be retained except where
required to be removed following the issue of a Development Permit for Operational Works for access and
carparking. Should the tree be required to be removed, then a suitable 100 litre replacement tree such
as Corymbia intermedia or Corymbia tessellaris shall be planted in the front setback area of Lot 1.
13. All replacement vegetation shall be maintained for a minimum period of 12 months prior to the release of
the security bond.
14. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted, to
secure performance of all conditions of this approval, prior to the issue of a Development Permit for
building works. The cash bond or trading bank guarantee will be returned on performance of the
conditions of approval less any costs incurred by Council in respect of enforcing performance of this
permit.
Landslide Hazard
15. A geotechnical report, prepared by a registered professional engineer shall be obtained, and it shall:-
15.1. certify that the site is not at risk from landslide emanating from the site or from other land; and
15.2. identify methods of stabilising all buildings, accessways and uses areas.
The development shall implement any recommendations of the geotechnical report.
Demolition or Relocation of Existing Dwelling
16. Infrastructure including reticulated water, sewerage, stormwater, and electricity are to be protected from
damage and made safe to the standard required by the regulatory authority.
17. All infrastructure must be disconnected, capped or sealed including:-
17.1. electricity meters removed and electrical wires disconnected; and
17.2. telephone lines are disconnected; and
17.3. high speed data cables and television provider boxes are disconnected and removed to the
standard required by the regulatory authority.
18. All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging,
must be removed from the building and disposed of in accordance with industry best practice.
19. Waste generated during construction must be stockpiled in a centralised location and covered as required
to prevent material being blown onto adjoining properties including the road reserve or food waste from
generating vermin. All site waste must be disposed of to an approved waste disposal facility either directly
or via an approved waste receptacle and collection service. Storage areas are to be located near the
temporary access to the site so that access can be gained with out damage to infrastructure.
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20. All building materials containing asbestos products must be disposed on in accordance with industry best
practice.
21. A temporary crossing must be provided to protect road reserve infrastructure including kerb and channel.
22. Any damage to footpaths, street plantings, kerb and channel or roadways at the removal site, the
relocation site or between the sites must be repaired or reinstated to at least pre-existing conditions.
23. Sediment and erosion control measures must be placed on site prior to the works commencing and shall
be maintained until all works are complete. The erosion and sediment control measures shall be in
accordance with the “Best practice guidelines for control of stormwater on building sites” prepared by
Healthy Waterways (copy attached or available at www.healthywaterways.org).
24. All disturbed areas must be revegetated or otherwise stabilised at the completion of the works. Disturbed
areas are revegetated using species identified in PSP3 – Landscaping Plants and Guidelines.
25. The transportation of all materials to and from the site must be undertaken in a manner such that no
particle matter escapes onto a public road. All vehicles carrying out materials either to or from the site
shall be covered to prevent materials including dust being windblown from the vehicle
26. The Development Permit for a Material Change of Use and Reconfiguring a Lot lapses if the use has not
happened by 4 July 2011, unless an application to extend the currency is approved by Council.
Land Development
27. For the purpose of these conditions, the following definitions apply: -
27.1. 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.
27.2. A Registered Professional Civil Engineer (RPEQ) means an civil engineer who is listed under
the Institution of Engineers, Australia “National Professional Engineers Register 3” (NPER 3) or an
engineer who is registered in Queensland pursuant to the Professional Engineers Act 1988.
27.3. The person acting on this permit means any person or company who undertakes development
pursuant to this permit.
27.4. AS/NZS 2890.1:2004 means Australian Standard for Off Street Carparking – AS/NZS
2890.1:2004.
27.5. 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.
28. 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.
29. 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.
30. Prior to Council endorsing the Plan of Survey, 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.
31. Prior to undertaking any excavation, the person acting on this permit shall contact public utility service
providers to ascertain the location of their underground services.
32. For the following classes of work associated with development, a Development Permit for Operational
Works must be obtained prior to commencement of works relating to that class of work. The application
may combine any or all of these classes of work: -
32.1. Access and carparking
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NOOSA COUNCIL IDAS Development Application Decision Notice 6 of 14
32.2. Stormwater Drainage
33. The person acting on this permit shall apply and obtain for all other necessary permits including crane
permits, road opening permits, hoarding permits, footpath occupation permits and/or any other approvals
required under any other Act.
34. The Assessment Manager for building work shall ensure that all other permits required by this permit have
been obtained and outcomes from imposed conditions incorporated into the building plans prior to issue
of a Development Permit for Building Works.
Vehicle Access
35. A vehicular access driveway to serve the development shall be constructed from the Little Cove Road
frontage of the site with a maximum width of 3.5m within the road reserve.
36. The vehicle access driveway within the site shall be setback at least 500mm from the western boundary
with this strip of land being landscaped in accordance with Council’s Planning Scheme Policy PSP03
Landscaping Plants & Guidelines.
37. Deleted.
38. The driveway shall be designed and constructed to Council’s design standards and to grades that prevent
vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath
without any step or level difference. Should any driveways be constructed to grades that do not comply
with AS/NZS 2890.1-2004, Council will require that the driveway be removed and reconstructed to levels
that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the
footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
39. The driveway shall be designed and constructed to join smoothly with the adjoining access driveways and
not concentrate or direct stormwater runoff on to adjoining properties. Any damage to the adjoining
access driveways that occurs during the construction of the new driveway shall be reinstated with suitable
matching materials to the satisfaction of Council’s Manager Land Development.
40. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the
driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight
line requirements as defined in AS2890.1, section 3.2.4. The applicant shall demonstrate compliance by
illustrating these sight lines on the plans submitted for Operational Works.
41. All vehicles shall enter and leave the site in a forward direction.
Vehicle Access/Visitor Carparking Easements
42. A vehicle access easement shall be created over the proposed driveway that gives access to proposed
Lot 2. The easement shall be a minimum of 4.5m wide (with the width being increased where necessary
to accommodate manoeuvring areas, passing opportunities) and shall benefit proposed Lot 2 and burden
proposed Lot 1.
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.
43. Deleted.
Car Parking
44. Carparking shall be provided within the site generally as shown on drawing number SK.203 as prepared
by Kidd & Co designers dated October 2006, and as otherwise amended by conditions of this permit.
45. The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user
class 1A with allowance for vehicles to enter and leave the site in a forward gear and with a minimum
head clearance (headroom) at any point of 2.2m.
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46. All carparking shall be kept, maintained and line-marked in a condition fit for use.
Vegetation Protection & Preservation
47. 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.
48. Where retained trees are located in areas proposed to be 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.
49. 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.
Frontage Works
50. Footpath improvements such as topsoiling, grassing, and tree planting are required to the Little Cove
Road frontage of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants &
Guidelines. Grass shall be couch, free of weeds.
51. All redundant vehicular crossings to the site shall be removed and replaced by landscaping such as trees
and grasses in accordance with Council’s Standard specifications prior to the endorsement of the Plan of
Survey.
Roof Water & Stormwater Drainage
52. All stormwater drainage (including roof water overflow from the rainwater storage system) shall be
collected and discharged so there is no net increase in the rate of discharge as a result of the
development for storm events up to a “1 in 100 year storm”.
53. Stormwater runoff is to be controlled on site by using a combination of collection and reuse, detention and
infiltration with excess runoff disposed of on site in such a manner so as to cause no scour or damage to
the subject site, adjoining properties, existing waterways or any Council property to the reasonable
satisfaction of the Manager - Land Development.
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.
54. All stormwater drainage shall be designed in accordance with the Noosa Planning Scheme Policy 5 –
Engineering Design Standards – Roads, Drainage and Earthworks.
55. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
56. Each lot 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.
57. All connections to sewer system shall be carried out either by Council or by a Council approved
Contractor and at no cost to Council.
58. The existing sewer main that traverses the site adjacent to the eastern boundary and the ‘zone of
influence’ (taken as the area within a 45-degree angle measured from the invert of the sewer main to the
finished surface level) shall be accurately located and determined by a licensed Surveyor and shown on
all plans submitted for Operational Works approval.
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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.
Town Water Supply
59. Each lot 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.
60. Each individual water connection to the water reticulation system shall extend to the property boundary
and be metered. All fees for the supply of water meters shall be paid to the Council.
61. 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.
62. Any connection to a water main shall be undertaken by Council.
Power/Telecommunications Services
63. An underground electricity service shall be provided to each lot if not already provided.
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.
The detailed deigns 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.
64. The requirements for TELECOMMUNICATION services shall be satisfied in relation to the provision of
new 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.
65. 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.
Service Easements (Sewer / Water / Stormwater / Power / Telecommunications)
66. 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 and 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.
67. A registered easement in favour of Council shall be created adjacent to the Little Cove Road frontage of
the site to permit stormwater runoff from the Little Cove Road road reserve to be discharged on to the
subject site.
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68. Development of the site shall not create any additional ponding of stormwater on any adjoining property or
block any natural overland flows on to the subject site. A registered easement in favour of the benefited
property shall be created over any stormwater drainage pipes or overland flowpaths within the site that
convey stormwater from any adjoining property. The easement is to be centrally located over the pipework
with a minimum width of 1.5m or be of sufficient width to ensure all associated pits and pipes are wholly
contained within the easement. The terms of the easement shall include the responsibilities on the
beneficiaries of the easement to maintain the drainage system so as to be operational at all times.
Detailed site surveys indicating natural surface levels and contours of the adjoining upstream properties
must be provided with the application for a Development Permit for Operational Works for Stormwater.
Should evidence be provided to Council indicating that no runoff from the adjoining properties currently
exists or that the proposal will not create additional ponding of stormwater on the adjoining properties the
requirement for the drainage pipes and easement shall not apply.
69. A registered easement shall be created over any service conduit, pipe, pole or other structure that is
located within proposed Lot 1 and provides services to proposed Lot 2. The minimum width required for
an easement shall be in accordance with the guidelines of the relevant authority.
70. No building or other structure shall be constructed such that it encroaches over an easement.
71. Prior to Council endorsement of the Plan of Survey, 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.
72. Prior to the endorsement of the Plan of Survey, 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.
Earthworks
73. Earthworks required on site shall be carried out in accordance with Section 3.8 of Council’s Engineering
Design Standards Manual and so as not to cause the additional ponding of water on any adjoining lands
or the blockage of, or interference with, any natural watercourses.
This may require the design and construction of drainage pipes and/or an overland flow-path within the
development site that caters for drainage from the adjoining sites for a design storm with an Average
Recurrence Interval of 1 in 100 years. A private easement for the Drainage of Water encompassing the
drainage pipes or overland flow-path will also be required. In this regard a Development Permit for
Operational Works shall be obtained.
Should evidence be provided to Council indicating that no additional ponding of stormwater will occur on
the adjoining properties the requirement for the drainage pipes, overland flow-path and easement shall
not apply.
74. Earthworks carried out on site shall not affect the structural integrity of any of the existing fences and/or
structures and/or lands that border the development site. Fences that are affected shall be replaced prior
to the Building Certifier issuing the Certificate of Classification. In this regard any fences to be replaced
shall be clearly shown on the plans submitted for Operational Works approval.
75. Any fill material imported to the site (if any) must be from a site licensed with the Environmental Protection
Agency or from a site for which a Development Permit for Operational Works has been issued approving
the export of fill.
76. 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
existing levels within the subject lot. Batters shall be at a maximum grade of 1:4 unless retained by a wall.
Any existing fill or natural materials on 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.
77. Fill shall be compacted to 95% relative dry density as per Main Roads Department Test No. Q8A. A
registered practicing Geotechnical Engineer shall supervise all the placement of fill and shall certify that
all lots have been compacted to the required standard.
Any existing fill on the site that does not comply with Council’s requirements shall be removed at the
direction of the Manager - Land Development prior to additional filling works commencing.
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Erosion and Sediment Control
78. 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.
Contributions Towards Council Infrastructure
79. 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:
Contribution Required For: Amount:
PSP12 – Public Open Space Contributions (Park) $2,933
PSP16 – Sewerage Headworks Contributions $5,599
PSP17 – Water Supply Headworks Contributions $5,617
PSP20 – Pathway Trunk Network Contributions $659
Local Roadworks Contributions $642
TOTAL Contribution Amount = $ 15,450
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane
from March 2007 until the date of payment.
All contributions must be paid prior Council endorsement of the plan of survey.
Site Stability
80. 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.
General
81. 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. 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.
82. Digital detailed designs including drawings, calculations, specifications etc, 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.
83. 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).
84. 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.
85. Prior to commencement of work relating to a Development Permit for Operational Works, the Applicant
shall sign a written undertaking to be responsible for the full cost of repairs to road pavement, footpath,
kerb and gutter, or other Council property damaged as a result of construction of the proposed
development.
If any person acting under this permit damages any Council property or facilities (such as underground
drainage, water supply and sewerage), through any cause whatsoever in the course of, directly or
indirectly carrying out development, that person shall forthwith notify the Manager - Land Development
and shall forthwith rectify that damage at its cost and to the satisfaction of the Manager - Land
Development. Alternatively, the Applicant may request the Council to carry out the rectification works.
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Any damage to a water main shall be rectified by Council. Any damage to a sewer main shall be
undertaken by either Council or a Council approved contractor.
In all cases, Council reserves the right to carry out rectification works in an emergency and where no
reasonable attempt has been made to complete the rectification works as part of the development. All
costs incurred by Council in any rectification works shall be repaid to Council prior to the endorsement of
the Plan of Survey.
86. 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.
87. 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).
Approval of works shall not be granted until all As Constructed information has been supplied and
accepted by Council.
88. Where operational works are likely to affect nearby residents, at least 3 days notice of commencement of
work, the name of the site supervisor, and a 24 hour contact telephone number shall be distributed to
affected residents.
89. Prior to the issue of a Development Permit for Operational Works, the applicant shall comply with the
requirements of the Building and Construction Industry (Portable Long Service Leave) Act 1991. In this
regard, a statutory declaration outlining the cost of building and construction works, as defined in s73.(1)
of the Act, shall be submitted in conjunction with an application for Operational Works. If payment of the
levy is required, the approved forms as outlined in s77.(1), must also be sighted by the assessment
manager.
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Local Laws, Policies & State
Regulation Requirements
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
THE FOLLOWING ADVICES 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. You are advised 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.
3. 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.
4. 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).
5. 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
Existing Use Class / Approved Use Class /
Existing Quantity Approved Quantity
Use Use
Detached House 1 Dwelling Detached House 2 Dwellings
6. 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 $2,725 and is subject to variations in the Consumer Price Index, All Groups Brisbane from
March 2007 until the date of payment. An Infrastructure Charge Notice will be issued in accordance with
Chapter 5 of the Integrated Planning Act 1997.
7. 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.
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.
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NOOSA COUNCIL IDAS Development Application Decision Notice 13 of 14
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
1
under section 3.1.6; 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
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
(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-
(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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NOOSA COUNCIL IDAS Development Application Decision Notice 14 of 14
2
(b) a notice under section 6.1.44 giving a decision to
change or cancel a condition of a development
approval.
(2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
(3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
(4) An appeal under subsection (3) may be
started at any time after the last day the decision on
the matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
2
Section 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain
circumstances)
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07-0070 NEGOTIATED Decision Notice [As Published]Related documentApplication case desk ↗
07-0070 NEGOTIATED Decision Notice [As Published]Related documentApplication case desk ↗
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