Skip to the record
Search everything, all in one place.

Council archive · source document

Decision Letter - Change to an Existing Approval - 010.2008.00001159.002 [As Published] · 172008.1159.02

of 7

Text shows just the words. Original shows the document exactly as it was published.

                                              Officer:          Glen Conforti
                                              Direct Telephone: (07) 5449 5379
                                              Response Address: Locked Bag 72
                                                                Sunshine Coast Mail Centre QLD 4560
                                              Email:            [email protected]
                                              Our Reference:    2008/1159
                                              Your Reference:

30 July 2010

Elizabeth Mary Heaney
31 Tunstall Avenue
KINGSFORD NSW 2032



Dear Madam

                          Change to an Existing Approval
                                  Sustainable Planning Act 2009

I refer to your request to make a change to an existing approval. On 29 July 2010 Council decided
your requested changes.
Details of the decision with the consolidated conditions are as follows:
1        APPLICATION DETAILS

    Application No:               2008/1159
    Street address:               16 Lorikeet Drive PEREGIAN BEACH
    Real property description:    LOT: 711 P: 93127
    Planning Scheme:              The Noosa Plan

2        DECISION DETAILS

Council on 22 July 2008 decided to issue the following type of approval:-
       Preliminary Approval for Building Works - Assessable Against the Planning Scheme (Alteration
        & Additions to Detached House)
In relation to your request to extend the relevant period for the above development approval, Council
on 29 July 2010 decided to:
A.        Extend the relevant period until 22 July 2012.
B.        Amend condition 12.
C.        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.

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:
                                                                                           Page 1 of 7
Full text of the other 6 pages

Page 2

                                                                                      2008/1159


     Plan /              Rev.     Plan / Document Name                                         Date
     Document No.
     A0.02                 A      General Project Description Drawings – Redshift              11/6/08
                                  Architecture & Art Pty Ltd
     A2.11                 C      Ground Floor Plan – Redshift Architecture & Art Pty Ltd      11/6/08
     A2.12                 C      Roof Plan – Redshift Architecture & Art Pty Ltd              11/6/08
     A2.21                 C      Elevations – Redshift Architecture & Art Pty Ltd             11/6/08
     A2.22                 C      Elevations – Redshift Architecture & Art Pty Ltd             11/6/08
     A2.31                 C      Sections – Redshift Architecture & Art Pty Ltd               11/6/08
     A2.32                 B      Sections – Redshift Architecture & Art Pty Ltd               11/6/08

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 building height shall not exceed 8.0 metres above natural ground level.
4.   A minimum of 20% of the site shall be retained as soft landscaping.
5.   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.
6.   All other vegetation shall be protected from interference resulting from clearing or construction
     activities by:
             Clearly marking vegetation to be retained with flagging tape;
             Installing protective fencing around the drip line of the vegetation;
             Stockpiling, storage and vehicle parking occurs in already cleared areas and does not
             cause interference with vegetation; and
             Low impact construction techniques are used around vegetation to minimise
             interference with the vegetation.
7.   Cleared vegetation is to be suitably processed by one of the following methods and removed
     from the site:-
             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.
             Disposal for firewood.
             Disposal for landscaping purposes.
             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.
             The Applicant is advised that other methods may be considered provided full details of
             the method are submitted.
             The applicant is advised that burning off is an unacceptable method of disposal.
8.   Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) are
     not constructed under overhead electricity transmission lines, or within any easements.

                                                                                     Page 2 of 7

Page 3

                                                                                        2008/1159

9.     External colours and finishes of the building shall comprise of muted/environmental tones that
       blend with the natural environment.
10.    Gates must not be installed along the rear property boundary.
11.    Sediment and erosion control measures must be in place prior to the demolition of the house.
       If such measures are not in place or are not satisfactory, ‘on the spot’ fines may be issued.
       Such fines can be issued if sediments from the site are found to enter or have the potential to
       enter Council’s stormwater system or natural waterways.
Currency
12.    The Preliminary Approval for Building Works lapses if the work has not happened by 22 July
       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

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 /           Rev.    Plan / Document Name                                        Date
     Document No.
     A0.02              A     General Project Description Drawings – Redshift             11/6/08
                              Architecture & Art Pty Ltd
     A2.11              C     Ground Floor Plan – Redshift Architecture & Art Pty Ltd     11/6/08
     A2.12              C     Roof Plan – Redshift Architecture & Art Pty Ltd             11/6/08
     A2.21              C     Elevations – Redshift Architecture & Art Pty Ltd            11/6/08
     A2.22              C     Elevations – Redshift Architecture & Art Pty Ltd            11/6/08
     A2.31              C     Sections – Redshift Architecture & Art Pty Ltd              11/6/08
     A2.32              B     Sections – Redshift Architecture & Art Pty Ltd              11/6/08

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.


                                                                                     Page 3 of 7

Page 4

                                                                                         2008/1159

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 (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

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
Sustainable Planning Act 2009 is attached.

15      OTHER DETAILS

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.




                                                                                        Page 4 of 7

Page 5

                                                                               2008/1159


Decision Notice History
22 July 2008 -               Original Decision Notice.
29 July 2010                 Change to Existing Approval with amendment to Condition 12


Yours faithfully,




Glen Conforti
Planning Technical Officer



c.c     Beach Constructions
        PO Box 1122
        LEICHHARDT NSW 2040



Encl:   Appeal Rights




                                                                              Page 5 of 7

Page 6

                                                    Appeal Rights
                                                 SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                 REGULATION 2009


                                                                       (i)   a condition of, or lack of condition
                                                                             for, the approval; or
The following is an extract from the Sustainable
                                                                       (ii) the length of a period mentioned in
Planning Act 2009 (Chapter 6).
                                                                             section 341 for the approval.
MATERIAL CHANGE OF USE, RECONFIGURING A                     (3)     However, a submitter may not appeal if the
LOT & OPERATIONAL WORKS                                             submitter—
Division 8 - Appeals to          court   relating    to             (a) withdraws the submission before the
development applications                                               application is decided; or
461     Appeals by applicants                                       (b) has given the assessment manager a
(1)     An applicant for a development application                     notice under section 339(1)(b)(ii).
        may appeal to the court against any of the          (4)     The appeal must be started within 20
        following-                                                  business days (the submitter’s appeal
        (a) the refusal, or the refusal in part, of a               period) after the decision notice or negotiated
           development application;                                 decision notice is given to the submitter.
        (b) any condition of a development approval,        463   Additional and extended appeal rights for
           another matter stated in a development                 submitters for particular development
           approval and the identification or inclusion           applications
           of a code under section 242                      (1)     This section applies to a development
        (c) the decision to give a preliminary approval             application to which chapter 9, part 7
           when a development permit was applied                    applies.
           for;                                             (2)     A submitter of a properly made submission
        (d) the length of a period mentioned in                     for the application may appeal to the court
           section 341;;                                            about a referral agency’s response made by a
        (e) a deemed refusal of the development                     prescribed concurrence agency for the
           application.                                             application.
                                                            (3)     However, the submitter may only appeal
(2)     An appeal under subsection (1)(a), (b), (c) or
                                                                    against a referral agency’s response to the
        (d) must be started within 20 business days
                                                                    extent it relates to—
        (the applicant’s appeal period) after—
                                                                    (a) if the prescribed concurrence agency is
        (a) if a decision notice or negotiated decision
                                                                       the chief executive (environment)—
            notice is given—the day the decision
                                                                       development for an aquacultural ERA; or
            notice or negotiated decision notice is
            given to the applicant; or                              (b) if the prescribed concurrence agency is
        (b) otherwise—the day a decision notice was                    the    chief   executive       (fisheries)—
            required to be given to the applicant.                     development that is—
(3)     An appeal under subsection (1)(e) may be                       (i)  a material change of use of
        started at any time after the last day a                            premises for aquaculture; or
        decision on the matter should have been                        (ii) operational work that is the removal,
        made.                                                               damage or destruction of a marine
                                                                            plant
462     Appeals by submitters - general
                                                            (4)     Despite section 462(1), the submitter may
(1)     A submitter for a development application                   appeal against the following matters for the
        may appeal to the court only against-                       application even if the matters relate to code
        (a) the part of the approval relating to the                assessment—
           assessment manager’s decision about
                                                                    (a) a decision about a matter mentioned in
           any part of the application requiring                       section 462(2) if it is a decision of the
           impact assessment under section 314; or
                                                                       chief executive (fisheries);
        (b) the part of the approval relating to the                (b) a referral agency’s response mentioned in
            assessment manager’s decision under                        subsection (2).
            section 327.
                                                            464   Appeals by advice agency submitters
(2)     To the extent an appeal may be made under
        subsection (1), the appeal may be against 1         (1)    Subsection (2) applies if an advice agency, in
        or more of the following—                                  its response for an application, told the
                                                                   assessment manager to treat the response as
        (a) the giving of a development approval;                  a properly made submission.
        (b) any provision of the approval including—        (2)    The advice agency may, within the limits of its
                                                                   jurisdiction, appeal to the court about—
                                                                                               Page 6 of 7

Page 7

                                                                                       2008/1159

      (a) any part of the approval relating to the    467    Appeals about changing or cancelling
         assessment manager’s decision about                 conditions imposed by assessment
         any part of the application requiring               manager or concurrence agency
         impact assessment under section 314; or      (1)    A person to whom a notice under section
      (b) any part of the approval relating to the           378(9)(b) giving a decision to change or
          assessment manager’s decision under                cancel a condition of a development approval
          section 327                                        has been given may appeal to the court
(3)   The appeal must be started within 20                   against the decision in the notice.
      business days after the day the decision        (2)    The appeal must be started within 20
      notice or negotiated decision notice is given          business days after the day the notice of the
      to the advice agency as a submitter.                   decision is given to the person.
(4)   However, if the advice agency has given the     For Building Works Only
      assessment manager a notice under section       532    Appeals by applicants
      339(1)(b)(ii), the advice agency may not
      appeal the decision.                            (1)    If—
465   Appeals about decisions         relating   to          (a) a person has been given, or is entitled to
      extensions for approvals                                  be given—
(1)   For a development approval given for a                     a.        an information notice under the
      development application, a person to whom a                          Building Act about a decision
      notice is given under section 389, other than                        other than a decision under
      a notice for a decision under section 386(2),                        that Act made by the
      may appeal to the court against the decision                         Queensland Building Services
      in the notice.                                                       Authority; or
(2)   The appeal must be started within 20                       b.        an information notice under the
      business days after the day the notice of the                        Plumbing and Drainage Act
      decision is given to the person.                                     2002 about a decision under
                                                                           part 4 or 5 of that Act; or
(3)   Also, a person who has made a request
      under section 383 may appeal to the court              (b) a person—
      against a deemed refusal of the request                    a.        was an applicant for a building
(4)   An appeal under subsection (3) may be                                development approval; and r
      started at any time after the last day the                 b.        is dissatisfied with a decision
      decision on the matter should have been                              under the Building Act by a
      made.                                                                building certifier or referral
                                                                           agency about inspection of
466   Appeals about decisions relating to
                                                                           building work the subject of the
      permissible changes)
                                                                           approval; the person may
(1)   For a development approval given for a                               appeal against the decision to
      development application, the following                               a building and development
      persons may appeal to the court against a                            committee.
      decision on a request to make a permissible
                                                      (2)    An appeal under subsection (1) must be
      change to the approval—
                                                             started within 20 business days after the day
      (a) if the responsible entity for making the           the person is given notice of the decision.
         change is the assessment manager for         (3)    If—
         the application—
                                                             (a) under the Building Act, a person makes
         (i)   the person who made the request;
                                                                  an application other than a building
               or                                                 development application to a local
         (ii) an entity that gave a notice under                  government; and
               section 373 or a pre-request                  (b) the period required under that Act for the
               response notice about the request
                                                                  local government to decide the
      (b) if the responsible entity for making the                application (the decision period) has
          change is a concurrence agency for the                  passed; and
          application—the person who made the                (c) the local government has not decided
          request..                                               the application; the person may appeal
(2)   The appeal must be started within 20                        to a building and development committee
      business days after the day the person is                   against the lack of the decision and for
      given notice of the decision on the request                 the committee to decide the application
      under section 376.                                          as if it were the local government.
(3)   Also, a person who has made a request           (4)    An appeal under subsection (3) must be
      under section 369 may appeal to the court              started within 20 business days after the end
      against a deemed refusal of the request.               of the decision period.
(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.


                                                                                     Page 7 of 7

Used in these records

About this file

File size
55 KB (small file)
File type
PDF

No other editions are linked here.

Original file

Log in to download the original file

Decision Letter - Change to an Existing Approval - 010.2008.00001159.002 [As Published].pdf · 55 KB (small file)

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.