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Decision Letter - Change to an Existing Approval [As Published] · 132005.2124.02
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2005/2124
Your Reference:
14 December 2009
Body Corporate - Fairshore
CARE Kidd & Co Designers
PO Box 262
NOOSA HEADS QLD 4567
Dear Sir/Madam
Change to an Existing Approval
Integrated Planning Act 1997
I refer to your request to make a change to an existing approval. On 10 December 2009 Council
decided your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 2005/2124
Street address: 41 Hastings Street, Noosa Heads
Real property description: Lot 0 BUP 2777
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 30 October 2007 decided to issue the following type of approval:-
Development Permit for Material Change of Use - Shop and Alterations to Multiple Dwelling
In relation to the request to make a change to the existing approval, Council on 10 December 2009
decided to:
A. Delete Condition 3.4.
B. 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.
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2005/2124
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 and titled 0219.04 Street
Level Proposed Plan, 0219.05 Podium Level Proposed Plan, 0219.06 Level 2 Proposed Plan,
0219.10 North Elevation, 0219.11 South Elevation/Proposed New Entry and 0219.12 Section
A-A prepared by Kidd + Co Designers and dated January 2006 and as may be amended by
these conditions.
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 open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably
qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to
the premises being occupied and maintained at all times thereafter. These plans shall detail
the retention of all significant vegetation located within the open space area fronting Main
Beach, and shall specifically detail:-
3.1. the proposed treatment of the grass mound adjoining the northern property boundary;
3.2. the retention of mature vegetation to The Parade (Main Beach) frontage consisting of 5
Palms and 12 Pandanus species;
3.3. the retention of the existing screening vegetation along the eastern and northern
property boundaries;
3.4. Deleted;
3.5. planter box widths adequately sized to allow for the vegetation to be established within
them; and
3.6. provision of vegetation of a similar to existing scale and density within planter boxes
along the edge of the upper level deck fronting Hastings Street.
4. 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. Landscape plans
are required to be submitted and are to denote areas of existing vegetation and/or existing
trees to be retained.
5. The entry statement roof to The Parade (Main Beach) frontage shall be deleted.
6. Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like,
thus remaining as open structures.
7. Security in the form of a cash bond or trading bank guarantee to the sum of $10 000 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for Operational 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.
8. The Development Permit for a material change of use of premises lapses if the use has not
happened by 11 October 2011, unless an application to extend the currency is approved by
Council.
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Land Development
Car Parking
9. Carparking shall be provided within the site generally as shown on drawing number 0219.04
dated Jan 2006 by Kidd & Co, except as modified herein.
10. The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004
for user class 2 with allowance for vehicles to enter and leave the site in a forward gear and
with a minimum head clearance (headroom) at any point of 2.2m.
11. All carparking shall be kept, maintained and line-marked in a condition fit for use.
12. All staff carpark spaces shall be clearly defined by line marking each space with the words
“Staff Parking Only” and by sign posting each space with a similar wording.
Sewer Mains
13. 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
14. 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.
Earthworks
15. Earthworks required on site shall be carried out in accordance with Council’s Planning
Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any natural
watercourses.
16. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences and/or buildings and/or structures and/or lands 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.
Site Stability
17. A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site,
determine the soil classification, determine the risk of erosion due to major storm events
including wave action and establish whether any measures are required to protect the stability
of the existing and proposed buildings, adjoining buildings and/or structures and/or lands, 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.
18. A Geotechnical Engineer or similar qualified expert shall supervise the demolition of those
parts of the existing building and the excavation and construction of the proposed
development to ensure that the works are carried out in accordance with the
recommendations of the abovementioned report in order to protect the stability of adjoining
buildings and/or structures and/or lands.
General
19. 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.
20. 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.
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21. 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 Referral Agency Referral Address
Status
Coastal Concurrence Environmental Protection PO Box 15155
Management Agency - Coastal CITY EAST QLD 4002
Management District
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 / Document No. Rev. Plan / Document Name Date
0219.04 Street Level Proposed Plan - prepared January 2006
by Kidd + Co Designers
0219.05 Podium Level Proposed Plan - January 2006
prepared by Kidd + Co Designers
0219.06 Level 2 Proposed Plan - prepared by January 2006
Kidd + Co Designers
0219.10 North Elevation - prepared by Kidd + January 2006
Co Designers
0219.11 South Elevation/Proposed New Entry - January 2006
prepared by Kidd + Co Designers
0219.12 Section A-A - prepared by Kidd + Co January 2006
Designers
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
22. 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.
23. 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:-
23.1. On a Sunday or public holiday, at any time; or
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23.2. 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.
24. 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 (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:
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
Development permit for Operational Landscaping
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:
Nil
12 SUBMISSIONS
There was one properly made submission about the application.
Rod Knight
PO Box 1517
Noosa Heads QLD 4567
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.
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.
Decision Notice History
30 October 2007 - Original Decision Notice.
10 December 2009 - Approved Change to delete
Condition 3.4.
Yours faithfully,
Denis Wallace
Senior Development Planner
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2005/2124
Referral Agency Conditions
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2005/2124 Page 8 of 10 [OCR of page images] 2005/2124 ecoaccess environmental licences and permits Notice Concurrence Agency Response Please note that the following Plans also apply to this approval: Plans: 6391-01 dated 10 March 2006 by Lau Surveys. 0219.04 dated Jan 2006 by Kidd & Co Designers. 0219.05 dated Jan 2006 by Kidd & Co Designers. 0219.06 dated Jan 2006 by Kidd & Co Designers. 0219.10 dated Jan 2006 by Kidd & Go Designers. 0219.11 dated Jan 2006 by Kidd & Co Designers. 0219.12 dated Jan 2006 by Kidd & Co Designers. Yours sincerely ' aan 10-4 A Signature . Decision Date Tara Collins Enquiries: Operations Manager Coastal a lan Biggs - Coastal Unit (Southern Region) Southern Region __ Environmental Protection Agency Environmental Protection Agency PO Box 15155 “CITY EAST QLD 4002 Telephone: 3225 1209 Facsimile: (07) 3221 0768 Page 3 of 3 + 09/03 Version 1.1 ° Environmental Protection Agency Page 8 of 10
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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
for the application are not available against the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of its
may appeal to the court against any of the following- 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 if-
application; (a) the development application involves impact
(b) a matter stated in a development approval, including assessment; and
any condition applying to the development, and the (b) the advice agency told the applicant and the
identification of a code under section 3.1.6;1 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
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must be Appeals for matters arising after approval given
started within 20 business days (the “applicant’s appeal
(co-respondents)
period”) after the day the decision notice or negotiated
decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of the
(3) An appeal under subsection (1)(e) may be started
following notices have been given may appeal to the
at any time after the last day a decision on the matter
court against the decision in the notice-
should have been made.
(a) a notice giving a decision on a request for extension
Appeals by submitters
of the relevanrt period for an approval;
4.1.28.(1) A submitter for a development application may
(b) a notice giving a decision on a request to make a
appeal to the court about-
minor change to an approval.
(a) the giving of a development approval, including any
(2) The appeal must be started within 20 business
conditions (or lack of conditions) or other provisions
days after the day the notice of the decision is given to
of the approval; or
the person.
(b) the length of a relevant period for the approval.
(3) Subsection (1)(a) does not apply if the approval
(2) The appeal must be started within 20 business resulted from a development application (superseded
days (the “submitters appeal period”) after the day the planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to application under a superseded planning scheme.
the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be started at
(4) If an application involves both impact assessment any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are should have been made.
available only for the part of the application involving
impact assessment. Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application (no co-respondents)
are available only for the aspects of the development that 4.1.31.(1) A person to whom any of the following notices
would have required public notification under the have been given may appeal to the court against the
repealed Act. decision in the notice-
(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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2005/2124
(b) a notice under section 6.1.442 giving a decision to (c) the decision to give a preliminary approval when a
change or cancel a condition of a development development permit was applied for;
approval. (d) the length of a period mentioned in section 3.5.21
(2) The appeal must be started within 20 business relevant period;
days after the day the notice of the decision is (e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
(3) Also, a person who has made a request started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the period”) after the day the decision notice or negotiated
court against a deemed refusal of the request. decision notice is given to the applicant.
(4) An appeal under subsection (3) may be started at (3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the at any time after the last day a decision on the matter
matter should have been made. should have been made.
Appeals against decisions to change approval conditions The Registrar for the Building and Development
under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(a) the decision; or (1) This section applies to a person who has been
(b) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the
(a) whether a charge in the notice is so unreasonable
decision or the conditions applied. that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the 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 appeal
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to charges schedule or regulated State infrastructure
development applications charges schedule.
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
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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