Decision Notice - 010.2006.00001319.001 · 132006.1319

Form 6 - Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION

File No:	2006/1319	Date of Decision:	30 November 2006
Applicant Details
Name:	Viridian Noosa Pty Ltd
Postal address:	GPO Box 2955
BRISBANE  QLD  4001
Phone no:	3229 8938	Fax no:	3220 2273

PROPERTY DESCRIPTION
Street address:	5 Morwong Drive, Noosa Heads
Real property description:	Lot 113 SP 188650, County of March, Parish of Weyba
Owner Details
Name:	Viridian Noosa Pty Ltd
Postal address:	GPO Box 2955
BRISBANE  QLD  4001
Referral Agencies
Referral Agency	Address	Basis
Environmental Protection Agency	GPO Box 2771, Brisbane  Qld  4001	Concurrence
Department of Natural Resources, Mines & Water	PO Box 383, Gympie  Qld  4570	Concurrence
Application Type
Development	Development Details	Preliminary Approval	Development Permit
Material Change of Use	Commercial Business Type 1 – Office (Temporary Sales Office)	No	Yes
Decision details
Council decided to approve the application and grant a Development Permit, subject to conditions.
applicable codes
The developer must comply with the following codes for self-assessable development related to the development approved under this Development Permit:-
Not applicable.
SUBMISSIONS
7 properly made submissions. See attached list.
Conditions
The approval is subject to conditions. Noosa Council’s conditions are attached. Conditions from the Environmental Protection Agency and Department of Natural Resources, Mines & Water, as concurrence agencies are also attached.
Further Development Permits Required
Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	All building works
Rights of Appeal
Rights of appeal in relation to this application are attached.
Assessment Manager
Name:	Noosa Council	Signature:		Date:	01/12/06

	Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development.  The approved plans are titled and numbered Sales Office Site Plan 1013/01 Issue C, Sales Office Lower Floor Plan 1013/02 Issue C, Sales Office Upper Floor Plan 1013/03 Issue C and Sales Office Elevations 1013/04 Issue C, Sales Office Sections 1013/05 Issue C dated 19 June 2006 and Revised Manoeuvring & Parking 1013/04 Issue D dated 30 October 2006 prepared by JMA Architects and as may be amended by these conditions.
Prior to receiving Building Works approval, plans shall be provided to Council demonstrating that the Sales Office does not exceed a maximum height limit of 3 storeys and 12 metres, as measured from natural ground level.
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.
The colour scheme of the Sales Office shall reflect the “spotted gum” colour palette as nominated in this application.
The building materials and finishes of the Sales Office building shall be lightweight and consistent with those used for the construction of the Morwong Villas.
Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open structures.
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.
The operating hours of the Sales Office is restricted to 10am to 4pm, 7 days a week with the exception of Christmas Day and Good Friday in which the Sales Office shall remain closed to the public.
The Sales Office use shall only be used for the display of, and sales of the Viridian Noosa Resort to be located over the same site – Lot 113 on SP 188650.
The Sales Office use shall only operate for a period of 2 years from the commencement of the use on-site.  The applicant is required to notify Council in writing of the date in which the use commences on-site.
The Sales Office building shall be removed from the site in its entirety 2 years from the commencement of its use, OR prior to the commencement of Resort operations over the same site, OR prior to the commencement of the use on the Attunga Heights site, whichever comes first.
The existing access easement shall be limited to vehicles of appropriate size and height that is larger vehicles such as buses; trucks etc cannot access Alma Way from the Morwong Drive until after the removal of the Sales Office from the site.  Signage to this effect shall be provided to warn drivers.
Should the car parking arrangement be found to be inadequate in respect to the demand for car parking spaces available for visitors to the site, then the applicant shall be responsible for investigating alternative measures, acceptable to the Manager Land Use, and putting such measures in place to resolve parking issues for the Sales Office.
A bicycle rack or similar which provides for the parking of bicycles (a minimum of 2 bicycles) shall be provided adjacent to the pathway providing access to the Sales Office building.
A temporary fence shall be constructed across Alma Way to stop the public accessing the balance of the site.
The open space and setback areas are to be landscaped in accordance with Council’s Landscaping Code, Planning Scheme Policy on Landscaping Plants and Guidelines and a landscape plan & documentation titled Viridian Noosa Stage 3 / Temporary Sales Office Revision B dated September 2006 prepared by EDAW. Such landscaping is to be completed prior to the commencement of use and maintained at all times thereafter.
All vegetation within Covenant B shall not be removed or pruned as a result of the building’s encroachment within the covenant area.  In the event that vegetation within the covenant is impacted upon as a result of the Sales Office, Council should be notified immediately.
Any land and/or vegetation in Covenant B, which is disturbed or deteriorated as a result of the Sales Office, shall be re-habilitated through replanting program and/or extended maintenance program, for a period of 12 months.
All manholes, inspection pits and grates are to be raised to finish surface level and kept free of cover and be visible at all times to ensure prompt access in case of emergency.
The landscape construction is to be implemented in accordance with the approved landscape plan, planting schedule, and horticultural industry best practices.
Prior to commencement of all earthworks all trees and vegetation nominated for preservation and protection on the approved council plans must be cordoned off with protective barricade fencing to prevent impact from all future construction works.
Provide changes to the landscape plan and planting schedule as follows:
       PLANTS TO BE REPLACED	         SUBSTITUTIONS
5 x ARCHONTOPHOENIX Alexandrae	5 x ARCHONTOPHOENIX cunninghamiana
14 x CYCADS	14 X DORYANTHES excelsa
or BLECHNAM indicum
or ASPLENIUM australasicum
        	Refer to the amended landscape Planting Schedule for further details
All native plant species located in group plantings shall not be subjected to any hedging maintenance regimes.
All trees 45 litre and greater must be securely staked and tied to assist their growth during the establishment period
The density of planting must achieve the set out requirements as detailed on the approved landscape plan.
The applicant must ensure that all landscaping treatment does not unduly restrict/prevent access to service meters within the site.
All trees must be located a minimum of a minimum of 1.0 metres from all services to prevent root/service conflict and to provide future ease of maintenance requirements
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.
The Development Permit for a material change of use of premises lapses if the use has not happened by 30 November 2010, unless an application to extend the currency is approved by Council.
Land Development
Access and Carparking
A “Give Way” sign shall be installed on the northern side of the on-street carparks to allow vehicles exiting the site to have right-of-way.
The pathway and pram ramp shall be designed and constructed to ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
Carparking shall be provided within the site as shown on drawing number 1013 Sales/04 revision D dated 30 October 2006 by JMA Architects Pty Ltd, except as modified herein.
A minimum of 5 uncovered carpark spaces shall be provided on site, including 1 clearly defined disabled car park space and 1 staff car park space. The disabled car space shall be designed to have safe and clear access to the entry pathway and in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for parallel parking with allowance for vehicles to enter and leave the site in a forward gear.
The proposed turning area that serves proposed car park spaces 1 to 5 shall be line-marked with chevrons and have the words “No Parking” painted on the pavement.  A sign shall also be provided to indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
All staff carpark spaces shall be clearly defined by line marking each space with the words “Staff Parking Only” and by sign posting.
Signage shall be provided to clearly identify the car park spaces for the Sales Office from the car parking spaces for the Morwong Villas. This signage shall clearly define that visitors to the Sales Office shall not use the car park for the Morwong Villas.  Other signage shall also advise there is to be no further parking along Alma Way.
Stormwater Drainage
Roof runoff from the new building shall be directed to a rainwater storage system or tank (minimum storage 12 litres/m2 of roof area) that is installed to ensure water from the tank can be used for external uses (such as watering gardens, irrigation, ornamental ponds, water features, outdoor cleaning, etc) and for use in flushing of toilets internal to the building.   All rainwater tanks are to be designed and installed in accordance with the Queensland Development Code (QDC), Part 25 – Rainwater Tanks, 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 approval and any overflow shall be directed to the stormwater drainage system.
To ensure that polluted run-off does not enter Council’s stormwater drainage system, stormwater run-off from the carparking areas and Alma Way shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor provided on site prior to being permitted to discharge into the creek.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors, which shall be submitted to the Council prior to the use commencing.
The approved maintenance plan shall be incorporated in the Community Management Scheme for the development and a copy of this shall be provided for Council’s records prior to commencement of the approved Use.
All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
The Sales Office 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.
The existing sewer main that runs adjacent to the Sales Office shall be protected and accessible. To ensure Council’s sewer main is accessible for maintenance purposes and is protected from risk of damage no structures requiring a building permit (eg. buildings, swimming pools, retaining walls exceeding 1m in height, raised terraces, etc) shall be constructed within this ‘zone of influence’ or within 1.5m of the centreline of the sewer main, whichever is the greater.
Town Water Supply
The Sales Office 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.
Earthworks
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or structures that border the development site.  Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.
Site Stability
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.
Erosion and Sediment Control
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.
General
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.
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.
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.
Access into Covenant Area B is not approved. Construction equipment and materials shall not encroach into Covenant B during construction of this building. At all times the vegetation within Covenant Area B shall be protected.
Environmental Health
Noise emission from air conditioning equipment shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in accordance with Council’s Local Law No. 12 - Control of Nuisances.  Infringement Notices (on-the-spot fines) may apply for offences.

	Local Laws, Policies & State Regulation Requirements
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM CONDITIONS OF APPROVAL
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.
We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the Disabled Discrimination Act (DDA) in regard to the installation of disabled access and the provision of disabled facilities, and that access to this building and the provision of sanitary facilities may need to comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia.
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.
The plans for the proposed building work have not been assessed for compliance with the requirements of the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the matter that either or both the Disability Discrimination Act 1992 (Commonwealth) and the Anti-Discrimination Act 1991 (Queensland) may impact on the proposed building work.
No assessment has been carried out in regard to exits, the fire services, fire separation, fire resistance levels, disabled access or facilities. The building certifier will assess these aspects as part of the building application.
The development should 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, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
Noise from building works associated with commercial and or industrial development should comply with the following –
Limited to between 7:00am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.

	List of Submitters
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

Name	Company	Address 1	Address 2
Body Corporate for Number 1	CARE Noosa District Body Corporate Management	PO Box 385	NOOSA HEADS  QLD  4567
Beryl A Neilsen	Winchester Downs	PO Box 168	MORANBAH  QLD  4744
Doreen & Jenny Walters
Villa 15, 3 Morwong Drive	NOOSA HEADS  QLD  4567
Laurel George, Property Officer	Diocese of Brisbane	St Martins House
373 Ann Street	BRISBANE  QLD  4000
Heidi Roth
9 Mainwaring Rise	NOOSA HEADS  QLD  4567
John Morris
9 Mainwaring Rise	NOOSA HEADS  QLD  45676
John Morris	The Viridian Residences Body Corporation	9 Mainwaring Rise	NOOSA HEADS  QLD  4567

	Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

The following is an extract from the Integrated Planning Act (Chapter 4).
Division 8 - Appeals to court relating to development applications
Appeals by applicants
4.1.27.(1) An applicant for a development application may appeal to the court against any of the following-
the refusal, or the refusal in part, of a development application;
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;
the decision to give a preliminary approval when a development permit was applied for;
the length of a currency period;
a deemed refusal.
(2) An appeal under subsection (1)(a) to (d) must be started within 20 business days (the “applicant’s appeal period”) after the day the decision notice or negotiated decision notice is given to the applicant.
(3) An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.
Appeals by submitters
4.1.28.(1) A submitter for a development application may appeal to the court about-
the giving of a development approval, including any conditions (or lack of conditions) or other provisions of the approval; or
the length of a currency period for the approval.
(2) The appeal must be started within 20 business days (the “submitters appeal period”) after the day the decision notice or negotiated decision notice is given to the submitter.
(3) If a person withdraws a submission before the application is decided, the person may not appeal the decision.
(4) If an application involves both impact assessment and code assessment, appeal rights for submitters are available only for the part of the application involving impact assessment.
(5) If an application is processed under section 6.1.28(2), appeal rights for submitters for the application are available only for the aspects of the development that would have required public notification under the repealed Act.
(6) If an application involves assessment against a concurrence agency code, appeal rights for submitters for the application are not available against the part of the approval that represents the concurrence agency’s response for the code.
Appeals by advice agency submitters
4.1.29.(1) An advice agency may, within the limits of its jurisdiction, appeal to the court about the giving of a development approval for a development application if-
the development application involves impact assessment; and
the advice agency told the applicant and the assessment manager to treat its response to the application as a submission for an appeal.
(2) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
Appeals for matters arising after approval given (co-respondents)
4.1.30.(1) For a development approval given for a development application, a person to whom any of the following notices have been given may appeal to the court against the decision in the notice-
a notice giving a decision on a request for extension of the currency period for an approval;
a notice giving a decision on a request to make a minor change to an approval.
The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
Subsection (1)(a) does not apply if the approval resulted from a development application (superseded planning scheme) that was assessed as if it were an application under a superseded planning scheme.
Also, a person who has made a request mentioned in subsection (1) may appeal to the court against a deemed refusal of the request.
An appeal under subsection (4) may be started at any time after the last day the decision on the matter should have been made.
Division 9 - Appeals to court about other matters
Appeals for matters arising after approval given (no co-respondents)
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 notice giving a decision on a request to change or cancel a condition of a development approval.
a notice under section 6.1.44 giving a decision to change or cancel a condition of a development approval.
The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
Also, a person who has made a request mentioned in subsection (1)(a) may appeal to the court against a deemed refusal of the request.
An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.
Appeals against decisions to change approval conditions under the repealed Act
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-
the decision; or
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.

 Section 3.1.6 (Preliminary approval may override local planning instrument)
 Section 6.1.44 (Conditions may be changed or cancelled by assessment manager or concurrence agency in certain circumstances)

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If refused, delete the section headed Referral Agencies
Referral Agency	Address	Basis
<<name of referral agency>>	<<address of referral agency>>	<<referral basis>>
Application Type and Decision details
Council decided to <
applicable codes
The developer must comply with the following codes for self-assessable development related to the development approved under this Development Permit:-
<<insert applicable codes for self-assessable development >>.
SUBMISSIONS
<<insert submission details if applicable>>. See attached list.
Conditions and insert reasons for refusal.
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Insert Designer’s Name, Plan No. and Date of Plan.
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Insert Yes or No in each column adjacent to each category.
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Type name of officer signing