Council archive · source document
Decision Notice [As Published] · 152009.1511
Officer: Marcus Brennan
Direct Telephone: (07) 5449 5225
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2009/1511
Your Reference: 98/708
8 March 2010
Dean L Frith
CARE Max Watterson & Associates
PO Box 639
COOROY QLD 4563
Dear Sir
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 4 March 2010 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2009/1511
Street address: 210 & 212 Lawnville Road Black Mountain
Real property description: Lot 21 SP 161930 & Lot 22 SP 161930
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Reconfiguring a Lot – Boundary Realignment
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
General
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and as
may be amended by these conditions.
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2009/1511
Plan / Document No. Issue. Plan / Document Name Date
Ref: 98-708AC - Plan of Proposed Reconfiguration 21 September
of Lots 21 & 22 SP 161930 - 2009
prepared by Max Watterson &
Associated
2. Existing easement Emt A SP161390 shall be amended to be in accordance with the
approved plan.
3. Pursuant to Section 3.7.3(3)(b) of the Integrated Planning Act, all outstanding rates and
charges due and payable to Council in respect of the lots being reconfigured shall be paid
prior to endorsement of the Plan of Survey.
4. Pursuant to Section 3.5.21(2)(a) of the Integrated Planning Act 1997, the relevant period is
two (2) years from the day this permit takes effect during which time all conditions must have
been complied with, and the Plan of Survey lodged with the Council for endorsement.
5. The Plan of Survey for Council endorsement shall be submitted to Council in the correct
form with the fees prescribed in Council's adopted fee schedule.
6. Any damage caused to any public utility during the course of construction works associated
with this permit shall be repaired to Council’s standards and at no cost to Council.
7. 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.
8. 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.
Effluent Disposal
9. Prior to Council endorsing the Plan of Survey, certifications shall be submitted to Council to
certify that all the components of any existing effluent disposal system on the proposed new
lots are located entirely within the lot they are serving.
Power Supply
10. A separate electricity service shall be provided to each the proposed allotments if not
already provided.
In this regard, an approved ENERGEX Electrical Design Consultant shall work in conjunction
with Council 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.
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Telecommunication
11. The requirements for TELECOMMUNICATION services shall be satisfied in relation to the
provision of telephone services to each of 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.
Vegetation Protection
12. The existing trees and vegetation on site and within the road reserve shall be retained,
except where it is to be removed due to a building approval or the conduct of an approved
use. Driveways and buildings sites should be designed to avoid the removal of native
vegetation.
Erosion and Sediment Control
13. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site in association to any work related to this approval. Site control measures such as silt
fencing, controlled gravel access to the site and controlled disposal of waste, shall be
applied as necessary.
In this regard, methods of controlling erosion and sediment in accordance with the Healthy
Waterways document and fact sheet series titled “Controlling Stormwater Pollution on your
Building Site dated 2006” shall be implemented.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Site within 100m of a Advice Department of Ecoaccess Customer
wetland Environment & Service Unit
Resource PO Box 15155
Management CITY EAST QLD 4002
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
Ref: 98-708AC - Plan of Proposed Reconfiguration of 21 September 2009
Lots 21 & 22 SP 161930 - prepared by
Max Watterson & Associated
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. For the purpose of these conditions, the following definitions apply: -
1.1. 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.
1.2. The person acting on this permit means any person or company who undertakes
development pursuant to this permit
1.3. SCRC – Sunshine Coast Regional Council.
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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
The following property notes will be placed against the subject property in Council’s property record
system:
1. The Applicant is advised that the following or a similar property attribute shall be placed on
the Council’s rates records for the proposed lots (Lot 21 and Lot 22) to advise prospective
purchasers of Council's requirements and services availability:-
1.1. “The property is in an unsewered area. Effluent shall be disposed of on-site in
accordance with Council’s policy for on-site wastewater disposal current at the time
of Building Works. A detailed site assessment and effluent land application design
will be required to be submitted to Council at the time of an application for a
Development Permit for Building Works or modifications to the effluent disposal
system.
For further information regarding on-site wastewater disposal please contact
SCRC’s Tewantin Office, Plumbing Services Section – Phone 544 95250”
1.2. “No connection is available to town water supply”
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Not applicable.
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.
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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.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).
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.
Yours faithfully,
Tracy Jones
Senior Development Planner
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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
Division 8 - Appeals to court relating to for the application are not available against the part of
development applications the approval that represents the 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
may appeal to the court against any of the following- 4.1.29.(1) An advice agency may, within the limits of
its 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
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
under section 3.1.6;1 (b) the advice agency told the applicant and the
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
(e) a deemed refusal. decision notice is given to the advice agency as a
(2) An appeal under subsection (1)(a) to (d) must submitter.
be started within 20 business days (the “applicant’s Appeals for matters arising after approval given
appeal period”) after the day the decision notice or (co-respondents)
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be development application, a person to whom any of the
started at any time after the last day a decision on the following notices have been given may appeal to the
matter should have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application extension of the relevant period for an approval;
may appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including minor change to an approval.
any conditions (or lack of conditions) or other (2) The appeal must be started within 20 business
provisions of the approval; or days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day approval resulted from a development application
the decision notice or negotiated decision notice is (superseded planning scheme) that was assessed as
given to the submitter. if it were an application under a superseded planning
scheme.
(3) If a person withdraws a submission before the
application is decided, the person may not appeal the (4) Also, a person who has made a request
decision. mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.
(4) If an application involves both impact
assessment and code assessment, appeal rights for (5) An appeal under subsection (4) may be started
submitters are available only for the part of the at any time after the last day the decision on the
application involving impact assessment. matter should have been made.
(5) If an application is processed under section Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the Appeals for matters arising after approval given
application are available only for the aspects of the (no co-respondents)
development that would have required public
notification under the repealed Act. 4.1.31.(1) A person to whom any of the following
notices have been given may appeal to the court
against the decision in the notice-
a. (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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(b) a notice under section 6.1.442 giving a decision to (d) the length of a period mentioned in section 3.5.21
change or cancel a condition of a development relevant period;
approval. (e) a deemed refusal.
(2) The appeal must be started within 20 (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision be started within 20 business days (the “applicant’s
is given to the person. appeal period”) after the day the decision notice or
(3) Also, a person who has made a request negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request. started at any time after the last day a decision on the
(4) An appeal under subsection (3) may be matter should have been made.
started at any time after the last day the decision on The Registrar for the Building and Development
the matter should have been made. Tribunal may be contacted at the website
Appeals against decisions to change approval http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
For Infrastructure Charges Only
decision made on an application to change the 4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under charges
section 2.19(3)or section 4.4 of the repealed Act may (1) This section applies to a person who has been
appeal to the court against- given, and is dissatisfied with, an infrastructure
(a) the decision; or charges notice or a regulated State infrastructure
(b) a deemed refusal of the application. charges notice.
(2) An appeal under subsection (1)(a) must be (2) The person may appeal to the court against the
started within 20 business days after the day notice of notice.
the decision is to be given to the person. (3) The appeal must be started within 20 business
(3) An appeal under subsection (1)(b) may be days after-
started at any time after the last day a decision on the (a) if the notice is given because of a development
matter should have been made. approval or master plan approval-the day the
Appeals against local laws applicant is given notice of the decision about the
approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions (b) otherwise-the day the notice is given to the
applied under a local law about the use of premises or person.
the erection of a building or other structure permitted (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court (a) whether a charge in the notice is so
against the decision or the conditions applied. unreasonable that no reasonable relevant local
(2) The appeal must be started within 20 business government, State infrastructure provider or
days after the day notice of the decision is given to the coordinating agency could 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
Rights of appeal conferred by Section 4.2.9 of the appeal under this section can not be about the
Integrated Planning Act 1997 as follows: methodology used to establish the charge in the
relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
State infrastructure charges schedule.
development applications
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
(c) the decision to give a preliminary approval when a
development permit was applied for;
a.
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)
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