142008.383.3 (2008/0383) APPROVED Decision Notice - Change to Exisitng Approval · 142008.383.03

Officer:	Jack Lewis
Direct Telephone:	07) 5449 5183
Fax:	(07) 5475 7277
Response Address:	Locked Bag 72, SCMC 4560
Our Reference:	JL013:AE: 08/0383
Your Reference:
5 January 2011

Sunshine Coast Regional Council
Denis Shaw
Locked Bag 72
SUNSHINE COAST MAIL CENTRE QLD  4560

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request dated 12 October 2010 to make a permissible change to an existing approval granted on 14 April 2009.  On 21 December 2010, Council decided your requested changes.

Details of the decision are as follows:

APPLICATION DETAILS

Application No:	142008.383.3 (2008/0383)
Street address:	Claude Batten Drive & Haul Road Noosa Heads
Real property description:	Lot 114 MCH 839107 & Lot 115 MCH 839107
Planning Scheme:	The Noosa Plan (11 May 2009)

DECISION DETAILS

Council on 8 January 2009 decided to issue the following type of approval:-
Development Permit for Operational Works - Prescribed Tidal Works - Access Jetty; Coastal Development Pumping facility
In relation to the request to make a change to the existing approval, Council on 5 January 2010 decided to:
A.	Approve a change to the development approval with changes to condition 1
B.	Include amended Concurrence Agency conditions
C.	Issue a Change to Development Approval

In relation to the request to make a change to the existing approval, Council on 23 December 2010 decided to:
Approve a change to the development approval with changes to condition 9
Issue a Change to an Existing Approval

RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Approval is identified in the Assessment Manager conditions.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

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 and as may be amended by these conditions and annotations made to the plans: -
Plan / Document No.	Rev.	Plan / Document Name	Date
33030-0-01	2	Noosa Beach Nourishment Sands Recycle Automated System Pump Station G.A. Sh 1 of 2 	7 July 2009
33030-0-02	2	Noosa Beach Nourishment Sands Recycle Automated System Pump Station Elevations. Sh 2 of 2	12 July 2009
33030-0-03	2	Noosa Beach Nourishment Sands Recycle Automated System Pump Station Site Plan	11 July 2009
33030-0-04	2	Noosa Beach Nourishment Sands Recycle Automated System Sea Water Supply Pump Station G.A.	13 July 2009
33030-0-05	2	Noosa Beach Nourishment Sands Recycle Automated System Sea Water System Site Plan	13 July 2009
33030-8-01	2	Noosa Beach Nourishment Sands Recycle Automated System Transfer Pipeline Alignment	13 July 2009
11456-1B	B	Proposed Sand Recycling Trial – Noosa Spit Beach to Noosa Main Beach Noosa Heads – Site Plan and Details 	August 2004
-	-	Noosa Beach Nourishment Sands Recycle Automated System Land Development Contours	-
and as may be amended by these conditions.
Suitable signage shall be placed at the perimeter of the work areas advising that the area is not accessible for members of the public. The signs shall be placed prior to construction works commencing and permanently affixed to the inlet jetty and pump station upon completion of the works. The design of the signs shall be approved by Council’s Manager – Works Planning prior to the erection of the signs.
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 clearing or disturbance of existing vegetation shall be limited to the proposed works area and any necessary access ways extending from the existing road formation to the works area.
Any areas of removed or disturbed vegetation remaining after the works shall be replaced with suitable local native vegetation approved by Council. The revegetation shall be carried out in accordance with Council’s Planning Scheme Policy No 3 Landscaping Plants & Guidelines.
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.
Certification by a Registered Professional Engineer of Queensland shall be submitted to Council stating that the works have been constructed in accordance with best practice methods, is in accordance with Coastal Protection and Management Act 1995 (specifically the engineering previsions of the Coastal Protection and Other Legislation Amendment Regulation (No.1) 2005, Schedule 4A – IDAS Code for development applications for prescribed tidal work) and is structurally sound.
This approval or its conditions do not constitute a ruling on structural safety and the applicant must make their own arrangements to ensure adequacy of design and work.  Furthermore, the approval does not warrant that associated plans and specifications have been checked in detail, nor does it absolve the owner of the land from complying with all the conditions of this approval and/or relevant Council By-Laws and Policies and/or relevant statutes and/or statutory regulations in the execution and/or performance of the works.  The Council does not accept any responsibility for the accuracy of any plans and specifications as approved.
The Development Permit for Operational Works lapses if the use has not happened by 9 January 2013, unless an application to extend the currency is approved by Council.

REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger	Referral Status	Referral Agency	Referral Address
Tidal work that is prescribed tidal work other than in a canal	Concurrence	Department of Environment & Resource Management	Ecoaccess Customer Service Unit,
PO Box 15155,
CITY EAST  QLD  4002
Tidal work that is prescribed tidal work	Concurrence	Queensland Transport – Maritime Services Qld	MacArthur Avenue East
PINKENBA  Qld  4008
A copy of any referral agency conditions is attached.

APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following tables:

Approved Plans
Plan / Document No.	Rev.	Plan / Document Name	Date
33030-0-01	2	Noosa Beach Nourishment Sands Recycle Automated System Pump Station G.A. Sh 1 of 2 	7 July 2009
33030-0-02	2	Noosa Beach Nourishment Sands Recycle Automated System Pump Station Elevations. Sh 2 of 2	12 July 2009
33030-0-03	2	Noosa Beach Nourishment Sands Recycle Automated System Pump Station Site Plan	11 July 2009
33030-0-04	2	Noosa Beach Nourishment Sands Recycle Automated System Sea Water Supply Pump Station G.A.	13 July 2009
33030-0-05	2	Noosa Beach Nourishment Sands Recycle Automated System Sea Water System Site Plan	13 July 2009
33030-8-01	2	Noosa Beach Nourishment Sands Recycle Automated System Transfer Pipeline Alignment	13 July 2009
11456-1B	B	Proposed Sand Recycling Trial – Noosa Spit Beach to Noosa Main Beach Noosa Heads – Site Plan and Details 	August 2004
-	-	Noosa Beach Nourishment Sands Recycle Automated System Land Development Contours	-

PLANS/DOCUMENTS REQUIRING AMENDMENT

Not Applicable

ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of approval:
Should any changes or modifications to the approved plans be required as a result of construction constraints, a Change to an Existing Approval Application under the Integrated Planning Act must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees
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.

PROPERTY NOTES

Not Applicable

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

FURTHER DEVELOPMENT PERMITS REQUIRED

Not Applicable

SELF ASSESSABLE CODES

Not Applicable

SUBMISSIONS

Not Applicable

REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable

RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.sunshinecoast.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY
8 January 2009 -	Original Decision Notice.
5 January 2010 -	Approve a change to the development approval with changes to condition 1 and amend Concurrence Agency conditions
23 December 2010	Change to Existing Approval

Yours faithfully

Kerri coyle
coordinator

Encl. 	Appeal Rights
Approved Plans/Documents

CC.	Department of Environment & Resource Management
Administration Officer, Implementation and Support Unit
GPO Box 2454,
BRISBANE  QLD  4001

Department of Transport and Main Road
Maritime Safety Qld
MacArthur Avenue East
PINKENBA  Qld  4008

	Referral Agency Response
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

	 Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

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142008.3835.3