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SUPERSEDED Decision Letter - Change to an Existing Approval - Extend the relevant Period [As Published] · 132003.220808.4

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                                              Officer:          Glen Conforti
                                              Direct Telephone: (07) 5449 5379
                                              Response Address: Locked Bag 72
                                                                Sunshine Coast Mail Centre QLD 4560
                                              Email:            [email protected]
                                              Our Reference:    23313 DA (2003/220808)
                                              Your Reference:
2 December 2009

Catherine Thomson
PO Box 7079
EAST BRISBANE QLD


Dear Madam

                          Change to an Existing Approval
                                  Integrated Planning Act 1997

I refer to your request to make a change to an existing approval. On 1 December 2009 Council
decided your requested changes.
Details of the decision with the consolidated conditions are as follows:
1        APPLICATION DETAILS

    Application No:              23313 DA (2003/220808)
    Street address:              16/512 David Low Way, Castaways Beach
    Real property description:   Lot 16 SP 111721
    Planning Scheme:             The Noosa Plan

2        DECISION DETAILS

Council on 16 October 2003 decided to issue the following type of approval:-
     Development Permit for Material Change of Use - Dwelling in Special Facilities Zone
In relation to a request to change the existing approval, Council on 25 October 2007 decided to:
A.        Approve the change with amendment to condition 10.
B.        Issue a Compiled Decision Notice.

In relation to a request to change the existing approval, Council on 3 December 2007 decided to:
A.        Approve the change with amendment to condition 10.
B.        Issue a Compiled Decision Notice.


In relation to your request to extend the relevant period for the above development approval, Council
on 1 December 2009 decided to:
A.        Extend the relevant period until 3 December 2011
B.        Approve to change condition 10
C.        Issue a Change to an Existing Approval.

                                                                                           Page 1 of 7
Full text of the other 6 pages

Page 2

                                                                                     2003/220808


3     RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
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 0302.SK01 to 0302.SK06
      prepared by Design 42 Pty Ltd and dated Feb 2003 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.    All building works must be wholly contained within the building envelope applying to the site.
4.    The developer is to undertake construction practices that prevent damage and destruction of
      vegetation outside the building envelope. To this end, the building envelope is to be
      delineated by tape or other means to limit encroachment by builders into the protected area.
5.    Planting undertaken is to consist of species endemic to the Marcus Dunes area. It is intended
      that all landscaping resemble the existing vegetation in the locality, being densely planted and
      completely covering the ground.
6.    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. Such landscaping is to
      be completed prior to the premises being occupied and maintained at all times thereafter.
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. The landscape
      plans referred to above are to denote areas of existing vegetation or existing trees proposed to
      be retained.
8.    Security in the form of a cash bond or trading bank guarantee to the sum of $5000 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.
9.    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.
10.   This Development Permit for a material change of use or premises lapses if:-
      10.1. the use or erection of a building or other structure associated with the use, has not been
            commenced by 3 December 2011, unless application is made and approved by Council
            for an extension; or
      10.2. the use of any premises pursuant to the Development Permit ceases.
11.   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.




                                                                                      Page 2 of 7

Page 3

                                                                                       2003/220808

Land Development
Car Parking
12.   Prior to occupation of the proposed dwelling, 2 off street car parking spaces (proposed within
      a double garage) with a sealed access complying with AS2890.1 - 1993 shall be provided.
Stormwater Drainage
13.   All on site stormwater including roof water is to be disposed of on site via an infiltration pit and
      in a manner that does not compromise the stability of the site.
Earthworks
14.   If any excavation work are require at or near any of the boundaries for the purpose of footing
      and foundation construction, car must be taken to ensure no earthworks/batters extend over
      the property boundary.
15.   The site is located in a Sand Dune Problem Area and will require appropriate soil testing by a
      Geotechnical Engineer and design of a soil retaining system by a Structural Engineer.
      Clearance shall be obtained from Council’s Manager of Building as part of the process of
      obtaining a Development Permit for Building works.
Erosion & Sediment Control
16.   To protect the environment against siltation/sediment export or soil erosion as a result of this
      development, an erosion and sediment control plan shall be submitted in conjunction with any
      Development Permit for Building Works. Site control measures such as silt fencing, controlled
      gravel access to the site and controlled disposal of waste, may be necessary. Prior to
      commencement of building works, all physical site control measures shall be installed, and the
      plan adhered to.
General
17.   The 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
18.   A Development Permit for Operational Works for access shall be obtained prior to
      commencement of construction. Plans shall also indicate any proposed retaining structures
      associated with access.
Building Services
19.   A verification survey of the building is to be carried out by a Licensed Surveyor and a
      certificate lodged with Council at completion of the work confirming compliance with the
      maximum building height of 8 metres above natural surface, required by the provisions of the
      Planning Scheme.
20.   The Geotechnical report submitted as part of your application has been appraised and
      approved subject to the following conditions:-
      20.1. There is to be no uncontrolled discharge of water onto the slope;
      20.2. Stripping of vegetation for construction purposes should be minimised. If vegetation is
            destroyed it should be reinstated immediately after construction is completed;
      20.3. Additional load due to fill, construction equipment or stockpiled materials should not be
            located on the dune slope;
      20.4. The use of vibratory equipment of any kind is not permitted to be used, including
            vibrating rollers, the use of vibrating installation techniques for sheet piling and other
            construction vibrations caused by excavating, earthmoving or demolition machinery or
            other similar construction techniques;


                                                                                        Page 3 of 7

Page 4

                                                                                      2003/220808

       20.5. A RPEQ is to be engaged by the client to oversee the sheet piling works and copies of
             all inspection reports are to be submitted to Council within 5 business days of the
             inspection taking place

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

 Referral Trigger            Referral Status     Referral Agency         Referral Address

 Nil

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
 0302.SK01 to 0302.SK06                  prepared by Design 42 Pty Ltd             Feb 2003

7      ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.     Although Lot 69 on MCH 5480 has been cleared of Unexploded Ordnance, it is recommended
       that care be taken when excavating on site.
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




                                                                                        Page 4 of 7

Page 5

                                                                                    2003/220808


10     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required             Subject of the required Development Permit
 Development Permit for Building Works           Dwelling House
 Development        Permit   for   Operational   Landscaping, access, stormwater disposal, sediment
 Works                                           and erosion controls.

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:
Not applicable

12     SUBMISSIONS
Not applicable

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.

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
16 October 2007 -                        Original Decision Notice.
25 October 2007 -                        Minor Change to the approval
                                         with amendment to Condition 10


3 December 2007                          Minor Change to the approval
                                         with an amendment to Condition
                                         10
1 December 2009                          Change to the Existing Approval
                                         with an amendment to Condition
                                         10
Yours faithfully,




Glen Conforti
Planning Technical Officer



                                                                                     Page 5 of 7

Page 6

                                                                                                       2003/220808


                                                        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.
Appeals by submitters                                               2.        a notice giving a decision on a request for
                                                                              extension of the relevanrt period for an approval;
4.1.28.(1) A submitter for a development application may
appeal to the court about-                                          3.        a notice giving a decision on a request to make a
(a) the giving of a development approval, including any                       minor change to an approval.
      conditions (or lack of conditions) or other provisions
      of the approval; or                                               (2) The appeal must be started within 20 business
                                                                    days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval.               the person.
    (2) The appeal must be started within 20 business                   (3) Subsection (1)(a) does not apply if the approval
days (the “submitters appeal period”) after the day the             resulted from a development application (superseded
decision notice or negotiated decision notice is given to           planning scheme) that was assessed as if it were an
the submitter.                                                      application under a superseded planning scheme.
    (3) If a person withdraws a submission before the                  (4) Also, a person who has made a request
application is decided, the person may not appeal the               mentioned in subsection (1) may appeal to the court
decision.                                                           against a deemed refusal of the request.
   (4) If an application involves both impact assessment               (5) An appeal under subsection (4) may be started at
and code assessment, appeal rights for submitters are               any time after the last day the decision on the matter
available only for the part of the application involving            should have been made.
impact assessment.
                                                                    Division 9 - Appeals to court about other matters
    (5) If an application is processed under section
6.1.28(2), appeal rights for submitters for the application         Appeals for matters arising after approval given
are available only for the aspects of the development that          (no co-respondents)
would have required public notification under the                   4.1.31.(1) A person to whom any of the following notices
repealed Act.                                                       have been given may appeal to the court against the
                                                                    decision in the notice-
                                                                    (a) a notice giving a decision on a request to change or
1
    Section 3.1.6 (Preliminary approval may override local               cancel a condition of a development approval.
    planning instrument)
                                                                                                        Page 6 of 7

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                                                                                              2003/220808

(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)
                                                                                               Page 7 of 7

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