Council archive · source document
Decision Letter - Change to an Existing Approval [As Published] · 132005.1148.02
Officer: Glen Conforti
Direct Telephone: (07) 5449 5379
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2005/1148
Your Reference:
3 February 2010
James R M Selkirk
PO Box 262
NOOSA HEADS QLD 4567
Dear Sir/Madam
Change to an Existing Approval
Integrated Planning Act 1997
I refer to your request to make a change to an existing approval. On 2 February 2010 Council
decided your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 2005/1148
Street address: 28 Park Crescent, Sunshine Beach
Real property description: Lot 593 RP 48112
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 20 January 2006 decided to issue the following type of approval:-
Development Permit for a Material Change of Use - Dwelling House in a Sand Dune Problem
Area
In relation to your request to extend the relevant period for the above development approval, Council
on 2 February 2010 decided to:
A. Extend the relevant period and amend condition 13
B. Approve to change conditions 1, 5, 15, 20, 28, 29 & 30
C. Delete conditions 7 & 18
D. Issue a Change to an Existing Approval
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
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2005/1148
4 ASSESSMENT MANAGER CONDITIONS
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development and may be amended by these conditions and annotations on
the plans.
Plan No. Plan / Prepared by Date
0221.SK02 Lower Floor Plan – Kidd & Co Designers December 2009
0221.SK03 Main Floor Plan – Kidd & Co Designers December 2009
0221.SK04 Upper Floor Plan – Kidd & Co Designers December 2009
0221.SK05 Elevations – Kidd & Co Designers December 2009
0221.SK06 Roof Plan/Section – Kidd & Co Designers December 2009
2. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
3. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably
qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to
the premises being occupied and maintained at all times thereafter.
4. Existing trees on the site and within road reserves are to be retained, except where required to
be removed due to building operations or the conduct of the approved use. These landscape
plans required to be submitted are to denote areas of existing vegetation or existing trees
proposed or required to be retained.
5. The two existing she oak trees and the two existing Banksia trees located at the rear of the
site shall be retained in accordance with Drawing No. 0221.SK06 prepared by Kidd & Co
Designers dated December 2009.
6. Native screening vegetation shall be provided along the entire length of the northern elevation
of the garage in the area between the garage and the northern property boundary.
7. Deleted.
8. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of work confirming compliance with the maximum
allowable building height as required by either the conditions of approval or the Planning
Scheme.
9. Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like,
thus remaining as open structures.
10. 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.
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2005/1148
11. Security in the form of a cash bond or trading bank guarantee to the sum of $20 000 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for operational works. The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit.
12. 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.
13. The Development Permit for a material change of use of premises lapses if the use has not
happened by 2 February 2012, unless an application to extend the Relevant Period is
approved by Council.
14. 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.
Land Development
Vehicle Access
15. A vehicular access driveway to the development shall be provided off Park Crescent via a
5.5m wide driveway generally in accordance with the submitted Drawing No 0221.SK03 dated
December 2009 prepared by Kidd & Co, except as modified herein.
16. The design and the construction of the access driveway shall ensure that surface runoff is
directed away from the garage and that an overland secondary flow path shall be provided
free of obstruction and shall be constructed to discharge in a manner that does not cause
scouring to the sand dune slope or adversely impact on adjoining properties.
17. 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 AS2890.1-2004, Council will require that the driveway be
removed and reconstructed to levels that do comply. A Development Permit for Operational
Works shall be required.
18. Deleted.
19. 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.
Car Parking
20. Car parking shall be provided within the site generally as shown on Drawing No 0221.SK03
dated September 2005 by Kidd & Co, except as modified herein.
21. Car parking in term of size and head room shall be in accordance with AS2890.1-2004.
Vegetation Protection
22. All vegetation removal shall be minimised. Any removal of existing vegetation shall be
followed by reinstatement of deep rooted native vegetation common in the area. Any existing
vegetation outside the building envelope shall be retained and maintained throughout
construction. Any bared soil shall be revegetated immediately, or protected from erosion (eg
by using erosion control matting) until revegetated.
Frontage Works
23. Footpath improvements such as topsoiling and grassing 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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2005/1148
Stormwater Drainage
24. Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank
(minimum storage 3000 litres per dwelling) that is plumbed to service the toilets in the new
dwelling and landscaping areas. The design of the rainwater storage system shall be part of a
Plumbing Application.
25. All stormwater drainage permitted to drain from the site including overflows from the
stormwater storage and runoff from paved areas shall be collected on site be discharged into
Council’s existing stormwater system in Park Crescent where possible or into stormwater
infiltration system/soakage pits with an adequate capacity for the 1 in 20 year storm event as
minimum, and be designed by RPEQ.
26. The proposed infiltration soakage pit/s shall be located as far as practicable away from the
side and rear boundaries. A Development Permit for Operational Works shall be required.
27. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
28. Reticulated water supply and sewerage must be provided to the development site. The site
shall be connected to the Council reticulated sewerage system via a separate, privately
owned, sewage pumping station and rising main system. The system shall be installed at the
time of building construction and shall:
(a) Be constructed to current industry standards;
(b) Include both duty and standby pumps;
(c) Include a septic tank on the upstream side;
(d) Provide a minimum 24 hours emergency sewage storage;
(e) Include a high level audible alarm and flashing light warning system;
(f) Deliver a maximum flow of 2.0 l/s to Council’s sewerage system;
(g) Be designed to ensure any potential noise and odour problems are prevented;
(h) Include rising mains constructed from minimum class PN 16 pipe work.
29. Buildings and structures must maintain a minimum 1.0 metre clearance from the connection
point of the private rising main to the Council main located within the site.
30. Construction works undertaken in the vicinity of Council water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs associated
with repair, replacement or alteration of infrastructure must be met by the applicant.
Earthworks and Site Stability
31. All civil works on the site shall take into consideration the findings and the recommendations of
the geotechnical investigation report dated 23 August 2005 prepared by SCG Consulting
Engineers, Reference 15255(S).
32. Cut and fill works required on site shall be undertaken without the use of vibratory equipment
and in a manner does compromise the stability of the site or adversely impact on the
stormwater drainage pattern and be in accordance with the geotechnical investigation report
dated 23 August 2005 prepared by SCG Consulting Engineers.
33. All excavations both temporary and permanent must be adequately retained to prevent the
occurrence of landslip and the retention works shall be carried under direct guidance and
supervision of a geotechnical engineer.
34. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences, services, road stability or structures that border the development site. Fences that are
affected shall be replaced prior to plan endorsement. In this regard any fences to be replaced
shall be clearly shown on the plans submitted for Operational Works approval.
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35. The footings and foundation works shall be founded to a depth recommended by a
geotechnical engineer. Any shallow footings or ground bearing slabs design shall address the
potential of slope movement in detail.
Erosion and Sediment Control
36. 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. Giving the sensitivity of the site the type of
erosion control devices and the manner of their installation shall not comprise the integrity of
the sand dune and the steep slope.
37. 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.
Pathway Contributions
38. A pathway contribution of $630.00 towards external major pathways, in accordance with
Planning Scheme Policy PSP41 Pathway Trunk Network Contributions, shall be paid to the
Council prior to obtaining a Development Permit for Building Works. This amount will be
subject to variations in the Consumer Price Index, All Groups Brisbane from September 2005
until the date of payment.
General
39. 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.
40. 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.
Building Services
41. Side fences/walls shall not exceed 2.0 metres above natural ground level.
42. The applicants geotechnical report has been assessed and the following conditions are
applicable:-
42.1. A condition survey is to be carried out of adjoining buildings, structures and services
prior to any demolition works or construction works taking place on site. If distress
already exists, a photographic survey shall be undertaken, the distress measured and a
plan to monitor changes to distress shall be implemented;
42.2. The applicant shall undertake all reasonable measures to protect the adjoining
properties from any damage resulting from the proposed building work;
42.3. A RPEQ is to be engaged by the client to oversee the piling works;
42.4. The applicant’s Geotechnical engineer will be required to be on site as required for and
during any major excavation and to immediately reassess the site should the ground
conditions substantially deviate from the initial appraisal and to further notify council of
the changes;
42.5. The construction of the whole of the foundations is to be overseen by a consulting
Geotechnical Engineer. If there is a risk of sand movement occurring all work shall be
suspended until such steps, approved by the applicant’s Geotechnical Engineer, have
been taken to ensure that no further slippage will result.
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2005/1148
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
PO Box 155
Concurrence Environmental
Brisbane Albert Street
Protection Agency
QLD 4002
A copy of any referral agency conditions is attached.
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
0221.SK02 Lower Floor Plan – Kidd & Co December 2009
Designers
0221.SK03 Main Floor Plan – Kidd & Co Designers December 2009
0221.SK04 Upper Floor Plan – Kidd & Co December 2009
Designers
0221.SK05 Elevations – Kidd & Co Designers December 2009
0221.SK06 Roof Plan/Section – Kidd & Co December 2009
Designers
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. The Applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the amount of $2,603.00 and is subject to variations in the Consumer Price
Index, All Groups Brisbane from September 2005 until the date of payment. An Infrastructure
Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act
1997.
2. 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.
3. 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:-
3.1. On a Sunday or public holiday, at any time; or
3.2. 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.
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).
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Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act
8 PROPERTY NOTES
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
Development Permit for Operational Landscaping, access driveway, site civil works,
Works stormwater drainage and sewer reticulation
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:
Not applicable.
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.
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2005/1148
15 OTHER DETAILS
Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice is attached in compliance with Chapter 5 of the Integrated Planning Act
1997.
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Decision Notice History
20 January 2006 - Original Decision Notice.
2 February 2010 - Extend the relevant period
and amend condition 13.
Approve to change
conditions 1, 5, 15, 20, 28,
29 & 30. Delete conditions
7 & 18
Yours faithfully,
Glen Conforti
Planning Technical Officer
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2005/1148
Referral Agency Conditions
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2005/1148 Page 10 of 12 [OCR of page images] 2005/1148 ecoaccess environmental licences and permits Notice Notice of Decision - Concurrence Agency Response Review and appeal processes may be available to the applicant in regard to this decision. An extract from the Integrated Planning Act 1997 (|PAct) is attached. This attachment details the applicant's rights regarding this decision. The applicant should seek independent advice to confirm the procedures avaitable. If you require more information, please contact Bob Hearle, the Project Manager, on the telephone number listed betow. Yours sincerely K ket Jof ufos Rod Kent | Operations Manager Coastal Licensing Environmental Protection Agency Enquiries: Coastal Unit (Southern Region) Environmental Protection Agency PO Box 15155 CITY EAST QLD 4002 Telephone: (07) 3225 1210 Facsimile: (07) 3221 0768 ‘ Page 2 of 2 - 09/03 Version 1.1 Environmental Protection Agency Page 10 of 12
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
for the application are not available against the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of its
may appeal to the court against any of the following- jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application if-
application; (a) the development application involves impact
(b) a matter stated in a development approval, including assessment; and
any condition applying to the development, and the (b) the advice agency told the applicant and the
identification of a code under section 3.1.6;1 assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a relevant period; days after the day the decision notice or negotiated
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 be Appeals for matters arising after approval given
started within 20 business days (the “applicant’s appeal
(co-respondents)
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 started
following notices have been given may appeal to the
at any time after the last day a decision on the matter
court against the decision in the notice-
should have been made.
(a) a notice giving a decision on a request for extension
Appeals by submitters
of the relevanrt period for an approval;
4.1.28.(1) A submitter for a development application may
(b) a notice giving a decision on a request to make a
appeal to the court about-
minor change to an approval.
(a) the giving of a development approval, including any
(2) The appeal must be started within 20 business
conditions (or lack of conditions) or other provisions
days after the day the notice of the decision is given to
of the approval; or
the person.
(b) the length of a relevant period for the approval.
(3) Subsection (1)(a) does not apply if the approval
(2) The appeal must be started within 20 business resulted from a development application (superseded
days (the “submitters appeal period”) after the day the planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to application under a superseded planning scheme.
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 at
(4) If an application involves both impact assessment any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are should have been made.
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 application (no co-respondents)
are available only for the aspects of the development that 4.1.31.(1) A person to whom any of the following notices
would have required public notification under the have been given may appeal to the court against the
repealed Act. 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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2005/1148
(b) a notice under section 6.1.442 giving a decision to (c) the decision to give a preliminary approval when a
change or cancel a condition of a development development permit was applied for;
approval. (d) the length of a period mentioned in section 3.5.21
(2) The appeal must be started within 20 business relevant period;
days after the day the notice of the decision is (e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
(3) Also, a person who has made a request started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the period”) after the day the decision notice or negotiated
court against a deemed refusal of the request. decision notice is given to the applicant.
(4) An appeal under subsection (3) may be started at (3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the at any time after the last day a decision on the matter
matter should have been made. should have been made.
Appeals against decisions to change approval conditions The Registrar for the Building and Development
under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(a) the decision; or (1) This section applies to a person who has been
(b) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the
(a) whether a charge in the notice is so unreasonable
decision or the conditions applied. that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the have imposed it; or
applicant.
(b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to charges schedule or regulated State infrastructure
development applications charges schedule.
Appeals by applicants
4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval, including
any condition applying to the development, and the
identification of a code under section 3.1.6;3
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override local
planning instrument)
Page 12 of 12
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