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SUPERSEDED Decision Notice - 010.2007.00001413.001 [As Published] · 132007.1413

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                                             Officer:          Kerri Coyle
                                             Direct Telephone: (07) 5449 5223
                                             Response Address: PO Box 141, Tewantin QLD 4565
                                             Email:            [email protected]
                                             Our Reference:    2007/1413
                                             Your Reference:
19 August 2008

Graham Henning
CARE Murray & Associates (Qld) Pty Ltd
PO Box 246
NAMBOUR QLD 4560




Dear Sir

                                      Decision Notice
                                   Integrated Planning Act 1997

I refer to your application and advise that on 19 August 2008 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1     APPLICATION DETAILS

 Application No:                     2007/1413
 Street address:                     430 Black Mountain Road, Black Mountain
 Real property description:          Lot 89 SP 158854
 Planning Scheme:                    The Noosa Plan

2     DECISION DETAILS

The following type of approval has been issued:
    Development Permit for Material Change of Use - Visitor Accommodation Type 3 - Rural

3     RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.

4     ASSESSMENT MANAGER CONDITIONS

1.    Development undertaken in accordance with this approval must generally comply with the
      approved plans of development. The approved plans are numbered:
       Plan         /      Rev.    Plan / Document Name                          Date
       Document No.
       40487               A       Development Plan of Proposed Material         20/12/07
                                   Change of Use in Lot 89 on SP 158854
                                   Demonstrating Proposed Cabins –
                                   Murray & Associates (QLD) Pty Ltd

                                                                                         Page 1 of 11
Full text of the other 10 pages

Page 2

                                                                                       2007/1413



                                  Floor Plan – Statewide Transportables
                                  Elevations – Statewide Transportables

      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.
                                        2
3.    All cabins shall not exceed 100m in gross floor area, not include a laundry and shall be used
      for overnight or holiday accommodation only.
4.    Cabin 1 shall be setback a minimum 30 metres from the adjoining property boundary.
5.    The setback areas between Cabin 1 and the adjoining property and Black Mountain Road
      shall be planted with native trees and shrubs to provide a dense visual screen.
6.    The development shall be undertaken in accordance with the recommendations of the
      Bushfire Hazard Assessment Report prepared by Bushfiresafe (Aust) Pty Ltd) and dated 30
      November 2007.
7.    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. These landscape
      plans required to be submitted are to denote areas of existing vegetation or existing trees
      proposed or required to be retained.
8.    Any advertising sign or device is to comply with Council's policies on advertising.
9.    All hot water systems installed shall be either solar systems; electric heat pump systems; or
      gas systems (LPG or natural).
10.   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 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.
11.   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.
12.   The Development Permit for a material change of use of premises lapses if the use has not
      happened by 19 August 2012, unless an application to extend the currency is approved by
      Council.
13.   The developer must obtain all of the other Development Permits referred to in the Decision
      Notice, prior to obtaining a Development Permit for Building Works.
Vehicle Access
14.   Access to the site shall be maintained in accordance with AS/NZS 2890.1-2004 and Council
      Standards.
15.   The driveway shall be sealed for a minimum length of 10m from the edge of bitumen of Black
      Mountain Road and any section of driveway with a grade greater that 12%.
16.   A Road/Footpath Permit shall be completed and submitted for the construction of the access
      driveway in accordance with Council’s Local Law No.8. If approval is given the driveway shall
      be constructed in accordance with Council’s standard drawings, which will be provided at time
      of approval.



                                                                                     Page 2 of 11

Page 3

                                                                                      2007/1413



Car Parking
17.   A minimum of 1 carparking space per cabin shall be constructed to comply with AS/NZS
      2890.1-2004 with regard to grades.
Roof Water & Stormwater Drainage
18.   Roof runoff from the proposed new cabins shall be directed to a rainwater storage system with
      a minimum storage capacity of 60,000.
Effluent Disposal
19.   The design and construction of any on-site effluent disposal system and disposal area (land
      application area) shall be in accordance with Council’s Planning Scheme Policy PSP24 -
      Effluent Disposal and the recommendations of the report by Domestic Waste Water Design
              th
      dated 5 March 2008.
Contributions Towards Council Infrastructure
20.   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:
       PSP12 – Public Open Space Contributions (Park)                                $1,075
       Local Roadworks Contributions                                                 $845
                                                                                     $1,075
                                                                                     Land Use to update to
       TOTAL Contribution Amount =
                                                                                     include any Land Use
                                                                                     contribution amounts.
       Please note, that these amounts are all subject to variations in the Consumer Price Index, All
       Groups Brisbane from June 2008 until the date of payment.

      All contributions must be paid prior to the issue of a Development Permit for Operational
      Works commencement of the use.

General
21.   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.
22.   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.
23.   Refuse containers must be provided in accordance with the requirements of the Environmental
      Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for
      the storage and collection of refuse.

5     REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:

 Referral Trigger            Referral Status     Referral Agency       Referral Address

 Site    contains      a     Concurrence         Department     of     PO      Box                 573
 Category 3 area of                              Natural Resources     NAMBOUR QLD 4560
 assessable vegetation                           & Water

                                                                                    Page 3 of 11

Page 4

                                                                                        2007/1413



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
 40487                    A        Development Plan of Proposed Material     20/12/07
                                   Change of Use in Lot 89 on SP 158854
                                   Demonstrating Proposed Cabins –
                                   Murray & Associates (QLD) Pty Ltd
                                   Floor Plan – Statewide Transportables
                                   Elevations – Statewide Transportables

7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    Noise from building works associated with residential development shall comply with the
      following –
      1.1.    Limited to between 7:00am to 6:30pm Monday to Saturday.
      1.2.    All reasonable measures are taken to minimise noise emissions.
      1.3.    Not permitted on Sunday or public holidays.
2.    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.
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 Plus
                                                        Visitor                 1 Dwelling Plus
         Detached House          1 Dwelling
                                                        Accommodation           3 Cabins
                                                        Type3

4.    The applicant is informed that payment via credit card transaction will not be an acceptable
      method of payment for development contributions conditioned in this permit or for
      infrastructure charge notices issued separately.
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.




                                                                                    Page 4 of 11

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                                                                                          2007/1413



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

10     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required            Subject of the required Development Permit
 Nil

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:
Advertising Devices Code
12     SUBMISSIONS
There were 7 properly made submissions about the application. In accordance with Integrated
Planning Act 1997, the name and address of the principal submitter for each properly made
submission is provided and attached.
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
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.




                                                                                        Page 5 of 11

Page 6

                              2007/1413



Yours faithfully,



Kerri Coyle
ACTING MANAGER – LAND USE




                            Page 6 of 11


[OCR of page images]
2007/1413

 

Yours faithfully,

Kerri Coyle
ACTING MANAGER — LAND USE

Page 6 of 11

Page 7

                                                                    2007/1413




                            List of Submitters
                            INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




LesaMay Wilson
478 Black Mountain Road
RIDGEWOOD QLD 4563

Dulcie & Brian Richardson
PO Box 796
COOROY QLD 4563

Andrew Campion
478 Black Mountain Road
RIDGEWOOD QLD 4563

Valerie Smith
440 Black Mountain Road
COOROY QLD 4563

Pia Goodwin
413 Black Mountain Road
COOROY QLD 4563

Derek Smith
440 Black Mountain Road
COOROY QLD 4563

Peter Holland
413 Black Mountain Road
COOROY QLD 4563




                                                                  Page 7 of 11

Page 8

                                        2007/1413



Referral Agency Conditions –
Department of Natural Resources &
Water
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




                                      Page 8 of 11

Page 9

  2007/1413




Page 9 of 11


[OCR of page images]
2007/1413

 

4. Approved plan
4.1. Title

4.2. Date
4.3. Author
4.4. Reference

Plan of Proposed Material Change of Use in Lot 89 on
SP158854 - Demonstrating Proposed Cabins

28 June 2005
Murray & Associates
40487

 

 

 

 

 

 

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5. Delegated officer signature

Mr Michael Watson

A/Senior Vegetation Management Officer — VM1
South East Region, NRW

5 September 2007

Department of Natural Resources and Water Page 4 of 4

Page 9 of 11

Page 10

                                                                                              2007/1413




                                                 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
Division 8 - Appeals to court relating to                  development that would have required public
development applications                                   notification under the repealed Act.
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
    (2) An appeal under subsection (1)(a) to (d)               the application as a submission for an appeal.
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
4.1.28.(1) A submitter for a development                   the following notices have been given may appeal
application may appeal to the court about-                 to the court against the decision in the notice-
(a) the giving of a development approval, including        (a) a notice giving a decision on a request for
    any conditions (or lack of conditions) or other            extension of the currency period for an
    provisions of the approval; or                             approval;
(b) the length of a currency period for the approval.      (b) a notice giving a decision on a request to make
                                                               a minor change to an approval.
    (2) The appeal must be started within 20
business days (the “submitters appeal period”)                 (2) The appeal must be started within 20
after the day the decision notice or negotiated                    business days after the day the notice of the
decision notice is given to the submitter.                         decision is given to the person.
    (3) If a person withdraws a submission before              (3) Subsection (1)(a) does not apply if the
the application is decided, the person may not                     approval resulted from a development
appeal the decision.                                               application (superseded planning scheme)
                                                                   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
application involving impact assessment.                       (4) Also, a person who has made a request
                                                                   mentioned in subsection (1) may appeal to
                                                                   the court against a deemed refusal of the
                                                                   request.

1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
                                                                                           Page 10 of 11

Page 11

                                                                                             2007/1413

     (5) An appeal under subsection (4) may be          For Building Works Only
         started at any time after the last day the     Rights of appeal conferred by Section 4.2.9 of the
         decision on the matter should have been        Integrated Planning Act 1997 as follows:
         made.
                                                        Division 3 – Appeals to tribunals relating to
                                                        development applications
Division 9 - Appeals to court about other
matters                                                 Appeals by applicants
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
    approval.                                           (b) a matter stated in a development approval,
                                    2                       including any condition applying to the
(b) a notice under section 6.1.44 giving a decision         development, and the identification of a code
    to change or cancel a condition of a                    under section 3.1.6;
                                                                                  3
    development approval.
                                                        (c) the decision to give a preliminary approval when a
    (2) The appeal must be started within 20                  development permit was applied for;
        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
        to the court against a deemed refusal of the       (2) An appeal under subsection (1)(a) to (d) must
        request.                                        be started within 20 business days (the “applicant’s
                                                        appeal period”) after the day the decision notice or
    (4) An appeal under subsection (3) may be           negotiated decision notice is given to the applicant.
        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.
Appeals against decisions to change approval            The Registrar for the Building and Development
conditions under the repealed Act                       Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a         http://www.localgovernment.qld.gov.au/
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.


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)
                                                                                          Page 11 of 11

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