Council archive · source document
Decision Letter - Change to an Existing Approval - 010.2008.00001159.002 [As Published] · 172008.1159.02
Officer: Glen Conforti
Direct Telephone: (07) 5449 5379
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 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:
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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.
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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.
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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.
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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
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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—
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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.
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