Council archive · source document
Decision Notice - 010.2008.00000242.001 [As Published] · 132008.242
Officer: Duncan Thompson
Direct Telephone: (07) 5449 5175
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/242
Your Reference: 00923 L04 ZL
10 June 2008
Brian Mitchell Sax & Andrea Kearns Sax
CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
Dear Sir & Madam
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 6 June 2008 Council decided to approve the application
in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/242
Street address: 17/512 David Low Way, Castaways Beach
Real property description: Lot 17 SP 111721
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use - Detached House
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
Land Use
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:
Plan / Rev. Plan / Document Name Date
Document No.
SP.0 Site & Contour Plan – Chris Clout 1/04/08
01.0 Level 1 Media – Chris Clout 30/04/08
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02.0 Level 2 Living – Chris Clout 1/04/08
03.0 Level 3 Garage – Chris Clout 1/04/08
04.0 Level 4 Beds – Chris Clout 1/04/08
05.0 Window Schedule & Roof Plan – Chris 1/04/08
Clout
06.0 Elevations – Chris Clout 30/04/08
07.0 Elevations – Chris Clout 30/04/08
08.0 Sections A-A B-B – Chris Clout 30/04/08
09.0 Sections C-C D-D – Chris Clout 30/04/08
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. All building works must be wholly contained within the building envelope applying to the site.
4. The developer is to undertake construction practices that prevent damage and destruction of
vegetation outside the building envelope. To this end, the building envelope is to be
delineated by tape or other means to limit encroachment by builders into the protected area.
5. All other vegetation shall be protected from interference resulting from clearing or construction
activities by::
5.1. Clearly marking vegetation to be retained with flagging tape;
5.2. Installing protective fencing around the drip line of the vegetation;
5.3. Stockpiling, storage and vehicle parking occurs in already cleared areas and does not
cause interference with vegetation; and
5.4. Low impact construction techniques are used around vegetation to minimise
interference with the vegetation.
6. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
6.1. 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.
6.2. Disposal for firewood.
6.3. Disposal for landscaping purposes.
6.4. 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.
6.5. The Applicant is advised that other methods may be considered provided full details of
the method are submitted.
6.6. The applicant is advised that burning off is an unacceptable method of disposal.
7. 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. Such landscaping is to
be completed prior to the premises being occupied and maintained at all times thereafter.
8. Planting undertaken is to consist of species endemic to the Marcus Dunes area. It is intended
that all landscaping resemble the existing vegetation in the locality, being densely planted and
completely covering the ground.
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2008/242
9. 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. The landscape
plans referred to above are to denote areas of existing vegetation or existing trees proposed to
be retained.
10. All hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural).
11. The building height shall not exceed 8.0 metres above natural ground level.
12. 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.
13. 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.
14. Gates must not be installed along the rear property boundary.
15. 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.
Currency
16. The Development Permit for a material change of use lapses if the use has not happened by 6
June 2012, unless an application to extend the currency is approved by Council.
Land Development
Vehicle Access
17. A vehicular access driveway to serve the development shall be constructed from the edge of
the existing road formation in the common property area at the front of the site with a
maximum width of 4.5m at the property boundary.
18. The driveway shall be located clear of the existing stormwater pit in the road formation in the
common property.
19. 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. The finished level of the
access driveway at the property boundary shall be the same as the existing surface level.
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.
20. 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 AS 2890.1, section 3.2.4. The applicant shall
demonstrate compliance by illustrating these sight lines on the plans submitted for both
Operational Works approval and Building Works approval.
Car Parking
21. Carparking shall be provided within the site generally as shown on drawing number 03.0 dated
1 April 2008 by Chris Clout Design.
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Roof Water & Stormwater Drainage
22. All on-site stormwater (including roof water overflow from the rainwater storage system) shall
be disposed of on-site via an infiltration system and in a manner that does not compromise the
stability of the site, any existing services, any existing vegetation and any adjoining properties.
The location and capacity of the infiltration system shall be clearly shown on the plans
submitted for Building Works / Operational Works approval.
23. Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank
(minimum storage 5000 litres per detached dwelling) that is installed to ensure water from the
tank is used for external uses (such as watering gardens, irrigation, ornamental ponds, water
features, topping-up swimming pools, outdoor cleaning, etc) and for use in flushing of toilets
internal to the dwelling. All rainwater tanks are to be wholly contained within the Building
Envelope as shown on the approved Plan of Development. All rainwater tanks are to be
designed and installed in accordance with the Queensland Development Code (QDC), 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 /Operational Works approval and any overflow shall be directed to the stormwater
infiltration system.
All stormwater drainage (including roof water overflow from the rainwater storage system)
shall be collected and discharged so there is no net increase in stormwater runoff from the
site.
24. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
25. The site 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.
Town Water Supply
26. The site 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.
27. 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.
28. 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.
Earthworks
29. 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.
30. Excavation of the site and the construction of the proposed works shall not have any adverse
affects on the stability of adjoining buildings and/or structures and/or services and/or lands. In
this regard a Registered Professional Engineer Queensland shall supervise the excavation of
the site and the construction of the new works to determine whether any additional measures
are required to protect the stability of adjoining buildings and/or structures and/or services
and/or lands.
31. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences 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.
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32. The use of vibratory equipment of any kind is not permitted to be used (including vibrating
rollers and the use of vibrating installation techniques for sheet piling and other construction
vibrations caused by excavating, earthmoving or demolition machinery or other similar
construction techniques) unless approved and supervised by a Certified Geotechnical
Engineer. Under such circumstances the operator of such equipment shall at all times comply
with the directions of the Geotechnical engineer and the reasonable and lawful directions of
Council officers.
The proposed use of such equipment shall be detailed in any application for a Development
Permit for Operational Works.
33. Certification of the completed works must be provided to Council by the supervising engineer.
The certification shall state that the completed works, including any on site infiltration, conform
with all aspects of the design and that the completed works will not have any adverse affects
on the stability of adjoining buildings and/or structures and/or services and/or lands.
Site Stability
34. 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.
35. Should the recommendations of the geotechnical report require any part of the works
(including excavation, retaining structures, tie backs etc) to be temporarily or permanently
constructed within any adjoining property a letter of authority from the adjoining property
owner shall be submitted to Council prior to the issue of operational works approval.
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.
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
37. 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:
PSP20 – Pathway Trunk Network Contributions $691
TOTAL Contribution Amount = $691
Please note, that these amounts are all subject to variations in the Consumer Price Index, All
Groups Brisbane from March 2008 until the date of payment.
All contributions must be paid prior to the issue of a Development Permit for Operational
Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
contributions not be paid at the due time, Council shall call upon the trading bank guarantee in
full.
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Processing of bonds for security where specific Council approval has been given for the
bonding of contributions will incur an administration fee in accordance with Council’s Land
Development Commercial & Regulatory Fees at the time of lodgement.
In the event that the Development Permit for Material Change of Use of Premises lapses or is
cancelled, the paid contributions and/or the trading bank guarantee will be returned.
General
38. 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.
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.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
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
SP.0 Site & Contour Plan – Chris Clout 1/04/08
01.0 Level 1 Media – Chris Clout 30/04/08
02.0 Level 2 Living – Chris Clout 1/04/08
03.0 Level 3 Garage – Chris Clout 1/04/08
04.0 Level 4 Beds – Chris Clout 1/04/08
05.0 Window Schedule & Roof Plan – Chris 1/04/08
Clout
06.0 Elevations – Chris Clout 30/04/08
07.0 Elevations – Chris Clout 30/04/08
08.0 Sections A-A B-B – Chris Clout 30/04/08
09.0 Sections C-C D-D – Chris Clout 30/04/08
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
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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. 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).
3. 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 Vacant Land Detached House 1 Dwelling
4. 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 $2,856 and is subject to variations in the Consumer
Price Index, All Groups Brisbane from March 2008 until the date of payment. An
Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
Planning Act 1997.
5. 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.
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.
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 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
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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 Access, Stormwater Drainage, Excavation of
Works Materials to Fill Another Site and Erosion and
Sediment Control
11 SELF ASSESSABLE CODES
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.
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
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 of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,
Kerri Coyle
SENIOR PLANNING OFFICER
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
(5) If an application is processed under section
The following is an extract from the Integrated 6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4). application are available only for the aspects of the
development that would have required public
Division 8 - Appeals to court relating to
notification under the repealed Act.
development applications
Appeals by applicants (6) If an application involves assessment
4.1.27.(1) An applicant for a development against a concurrence agency code, appeal rights
application may appeal to the court against any of for submitters for the application are not available
the following- against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a concurrence agency’s response for the code.
development application; Appeals by advice agency submitters
(b) a matter stated in a development approval, 4.1.29.(1) An advice agency may, within the limits
including any condition applying to the of its jurisdiction, appeal to the court about the
development, and the identification of a code giving of a development approval for a
1
under section 3.1.6; development application if-
(c) the decision to give a preliminary approval (a) the development application involves impact
when a development permit was applied for; assessment; and
(d) the length of a currency period; (b) the advice agency told the applicant and the
(e) a deemed refusal. assessment manager to treat its response to
the application as a submission for an appeal.
(2) An appeal under subsection (1)(a) to (d)
must be started within 20 business days (the (2) The appeal must be started within 20
“applicant’s appeal period”) after the day the business days after the day the decision notice or
decision notice or negotiated decision notice is negotiated decision notice is given to the advice
given to the applicant. agency as a submitter.
(3) An appeal under subsection (1)(e) may be Appeals for matters arising after approval given
started at any time after the last day a decision on (co-respondents)
the matter should have been made. 4.1.30.(1) For a development approval given for a
Appeals by submitters development application, a person to whom any of
the following notices have been given may appeal
4.1.28.(1) A submitter for a development
to the court against the decision in the notice-
application may appeal to the court about-
(a) a notice giving a decision on a request for
(a) the giving of a development approval, including
extension of the currency period for an
any conditions (or lack of conditions) or other
approval;
provisions of the approval; or
(b) a notice giving a decision on a request to make
(b) the length of a currency period for the approval.
a minor change to an approval.
(2) The appeal must be started within 20
(2) The appeal must be started within 20
business days (the “submitters appeal period”)
business days after the day the notice of the
after the day the decision notice or negotiated
decision is given to the person.
decision notice is given to the submitter.
(3) Subsection (1)(a) does not apply if the
(3) If a person withdraws a submission before
approval resulted from a development
the application is decided, the person may not
application (superseded planning scheme)
appeal the decision.
that was assessed as if it were an
(4) If an application involves both impact application under a superseded planning
assessment and code assessment, appeal rights scheme.
for submitters are available only for the part of the
(4) Also, a person who has made a request
application involving impact assessment.
mentioned in subsection (1) may appeal to
the court against a deemed refusal of the
request.
(5) An appeal under subsection (4) may be
started at any time after the last day the
1 decision on the matter should have been
Section 3.1.6 (Preliminary approval may override
local planning instrument) made.
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Division 9 - Appeals to court about other Appeals by applicants
matters
Appeals for matters arising after approval given
(no co-respondents) 4.2.9(1) An applicant for a development application
4.1.31.(1) A person to whom any of the following may appeal to the Building and Development
notices have been given may appeal to the court Tribunal against any of the following-
against the decision in the notice- (a) the refusal, or the refusal in part, of a
(a) a notice giving a decision on a request to development application;
change or cancel a condition of a development (b) a matter stated in a development approval,
approval. including any condition applying to the
2
(b) a notice under section 6.1.44 giving a decision development, and the identification of a code
3
to change or cancel a condition of a under section 3.1.6;
development approval. (c) the decision to give a preliminary approval when a
development permit was applied for;
(2) The appeal must be started within 20
business days after the day the notice of the (d) the length of a period mentioned in section 3.5.21
decision is given to the person. currency period;
(3) Also, a person who has made a request (e) a deemed refusal.
mentioned in subsection (1)(a) may appeal (2) An appeal under subsection (1)(a) to (d) must
to the court against a deemed refusal of the be started within 20 business days (the “applicant’s
request. appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant.
(4) An appeal under subsection (3) may be
started at any time after the last day the (3) An appeal under subsection (1)(e) may be
decision on the matter should have been started at any time after the last day a decision on the
made. matter should have been made.
The Registrar for the Building and Development
Appeals against decisions to change approval
Tribunal may be contacted at the website
conditions under the repealed Act
http://www.localgovernment.qld.gov.au/
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.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to
development applications
2
Section 6.1.44 (Conditions may be changed or
3
cancelled by assessment manager or concurrence Section 3.1.6 (Preliminary approval may override
agency in certain circumstances) local planning instrument)
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