Council MCU

Page 2

Noosa Council documents

Approved Plans

2. 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 unless
otherwise amended by these conditions.

 

Plan No. Rev. Plan/Document Name Date
Sona ‘aie sie
S-RLW Sheet 1B | Site Plan (annotated), prepared by Ausmar | 18/10/2017 {
of 13 | Homes |
| S-RLW Sheet 2 Floor Plan, drawn by Ausmar Homes 18/10/2017
of 13 |
'S-RLW Sheet 3! 8B Elevations, drawn by Ausmar Homes | 18/10/2017

Elevations, drawn by Ausmar Homes

 

18/10/2017

| of 13 / | a

|
|
| |
of 13 | |
| |
|
Building Height
3. The maximum height of the development must not exceed 8 metres above the finished
ground level and the natural ground surface.

Performance Bond

4. Security in the form of a cash bond or trading bank guarantee to the sum of $2,000 must be
submitted to Council, 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. Council reserves the
right to call upon the bond or guaranteed sum to effect compliance with conditions.

Pre-start Meeting

5. Prior undertaking any vegetation clearing, a prestart meeting must be arranged with
Councils delegate to determine the full extent of the clearing.

6. Prior the pre-start meeting, the centre line of the proposed driveway, perimeter of the
dwelling footprint and perimeter of the building pad is to be clearly marked for inspection.

Vegetation

7. Clearing of vegetation must not extent beyond 10m of the approved dwelling unless in
accordance with a further development permit.

8. Existing trees on the site and within road reserves must be retained, except where required
to be removed to accommodate the approved dwelling, including a 10m wide area
Surrounding and immediately adjacent to the approved dwelling footprint. Trees to be
retained must be protected from clearing or construction activities by:

a. _ clearly marking vegetation to be retained with flagging tape
b. __ installing protective fencing around the drip line of the vegetation

Cc. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared

d. —_ using low impact construction techniques around vegetation.

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Noosa Gouncil documents

Biodiversity

9. Fauna or fauna habitat relating to approved tree removal/clearing works must be managed
by a Fauna Spotter Catcher with current certification under the Queensland Parks and
Wildlife Service.

Stormwater

10. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
Site Access and Driveways

11. A sealed access driveway must be provided from the existing formation in Supplejack
Court to all parking areas of the development. The works must be undertaken in
accordance with an Operational Works approval and be generally in accordance with
Council's standard drawings

Earthworks

12. All works must be carried out in accordance with the recommendations contained in the
Site Investigation and Design - Report No:17.3064 prepared by Design Engineers
Queensland dated 23 August 2017.

13. All excavation and/or fill and associated batters must be contained entirely within the
subject site unless written permission from the respective landowner(s) is provided to
Council. Ail earthworks must be undertaken in accordance with the provisions of Australian
Standard AS3798: Guidelines on Earthworks for Commercial and Residential
Developments.

14. Earthworks carried out on site must not affect the structural integrity of any of the existing
fences and/or structures and/or lands that border the development site. Fences that are
affected must be replaced prior to the Building Certifier issuing the Certificate of
Classification.

Damage to Services and Assets

15. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:

16. Where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
17. Where otherwise, upon completion of the works associated with the development.

Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.

5. REFERRAL AGENCIES
Not applicable.

6. ADVISORY NOTES

Not applicable.

i. PROPERTY NOTES

Not applicable.

8. VARIATION APPROVAL
Not applicable.

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Noosa Council documents

9. FURTHER DEVELOPMENT PERMITS REQUIRED

| Type of Development Permit Required ' Subject of the required Development Permit

|
Development Permit for Operational Works Driveway

j- .
Development Permit for Building Works | Dwelling

10. SUBMISSIONS
Not applicable.
11. RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.

During the appeal period, you as the applicant may suspend your appeal period and make
written representations to Council about the conditions contained within the development
approval. If Council agrees or agrees in part with the representations, a negotiated decision
Notice will be issued. Only one negotiated decision notice may be given.

(12. OTHER DETAILS _

If you wish to obtain more information about the decision, electronic copies are available on line
at www.noosa.qid.gov.au or at Council Offices.

Yours faithfully,

bel

Wilhelm Koschade
Development Planner

Enc: Appeal Rights
Approved Plans/Documents

cc. Unitywater

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Page 5

Noosa Council documents

 
  

aM! NOOSA
mm mi Keeeneis

Part 1 Appeal rights
228 Appeals to tribunal or P&E Court
(1) Schedule 4 of the Planning Act 2016 states ~
(a) Matters that may be appealed to —
(i) either a tribunal or the PRE Court; or
(i) only a tribunal: or
(ii) only thé P&E Court; and
(b) The person-
{)_ who may appeal a matter (the appellant); and
(ii) who is a respondent in an appeal of the matter; and
(iii) who is a co-respondent in an appeal of the matter; and

(iv) who may elect to be a co-respondent in an appeal of the
matter.

{Refer to Schedule 1 of the Planning Act 201 6)
(2) An appellant may start an appeal within the appeal period,
(3) The appeal period is -

 

{a) for an appeal by a building advisory agency - 10 business
days after a decision notice for the decision is given to the
agency; or

(b) for an appeal against a deemed refusal — at any time after
the deemed refusal happens; or

(c) for an appeal against a decision of the Minister, under
chapter 7, part 4, to register premises or to renew the
registration of premises — 20 business days after a notice us
published under section 269(3)(a) or (4); or

(d)} for an appeal against an infrastructure charges notice — 20
business days after the infrastructure charges notice is given
to the person; or

(e) for an appeal about a deemed approval of a development
application for which a decision notice has not been given —
30 business days after the applicant gives the deemed
approval notice to the assessment manager; or

{f) for any other appeal - 20 business days after a notice of the
decision for the matter, including an enforcement notice, is
given to the person.

Note —

See the P&E Court Act for the court's power to extend the appeal

period.

Each respondent and co-respondent for an appeal may be heard

in the appeal.

(5) If an appeal is only about a referral agency’s response, the
assessment manager may apply to the tribunal or P&E Court to
withdraw from the appeal.

(6) To remove any doubt. it is declared that an appeal against an
infrastructure charges notice must not be about-

(a) the adopted charge itself; or
(b) for a decision about an offset or refund-

(i) the establishment cost of trunk infrastructure identified in
aLGIP; or

(ii) the cost of infrastructure decided using the method
included in the local government's charges resolution.

229 Notice of appea!

(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that-

(a) is in the approved form; and
(b) succinctly states the grounds of the appeal.
(2) The notice of appeal must be accompanied by the required fee,

(4

Appeal Rights

PLANNING ACT 2016 & PLANNING REGULATION 2017

(3) The appeliant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to —

(a) the respondent for the appeal; and
{b} each co-respondent for the appeal; and

(c) for an appeal about a development application under
schedule 1, table 1, item 1 — each Principal submitter for the
development application; and

for and appeal about a change application under schedule 1,
table 1, item 2 ~ each Principat submitter for the change
application; and

a

{€) each person who may elect to become a co-respondent for
the appeal, other than an eligible submitter who is not a
Principal submitter in an appeal under Paragraph (c) or (d);
and

{f) for an appeal to the P&E Court — the chief executive; and

(g) for an appeai to a tribunal under another Act — any other
person who the registrar considers appropriate.
(4) The service period is -
{a) if a submitter or advice agency started the appeal in the P&E
Court — 2 business days after the appeal has started; or
(b) otherwise — 10 business days after the appeal is started.

(5) A notice of appeal given to a person who May elect to be a co-
Tespondent must state the effect of subsection (6).

(6) A person elects to be a co-respondent by filing a notice of
election, in the approved form, within 10 business days after the
Notice of appeal is given to the person.

230 Other appeals

(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
the Supreme Court decides a decision or other matter under this
Act is affected by jurisdictional error, the decision or maiter is
non-appealable,

(2) The Judicial Review Act 1991, part 5 applies to the decision or
matter to the extent it is affected by jurisdictional error,

(3) A person who, but for subsection (1) could have made an
application under the Judicial Review Act 1997 in Felation to the
decision or matter, may apply under part 4 of that Act for a
statement of reasons in relation to the decision or matter.

(4) In this section —
decision includes-

(a) conduct engaged in for the Purpose of making a decision;
and

{b) other conduct that relates to the making of a decision; and
(c)_ the making of a decision or failure to make a decision; and
(d) @ purported decision; and

(e) adeemed refusal,

non-appealable, for a decision or matter, means the decision or
ter-

(a) is final and conclusive; and

(b) may not be challenged, appealed against, reviewed,
quashed, set aside or called into question in any other way
under the Judicial Review Act 1991 or otherwise, whether by
the Supreme Court, another court, a tribunal or another
entity; and

{¢)_ is not subject to any declaratory, injunctive or other order of
the Supreme Court, another court, a tribunal or another entity
on any ground.

231 Rules of the P&E Court

(1) A person who is appealing to the P&E Court must comply with the
tules of the court that apply to the appeal.

(2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court

Document Set ID: 20446114
Version: 3, Version Date: 02/11/2017

Page 5 of 5
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