Decision Notice · 142006.221

Form 6 - Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION

File No:	2006/221	Date of Decision:	4 April 2006
Applicant Details
Name:	Qantec McWilliam
Postal address:
PO Box 1196
MAROOCHYDORE QLD  4558
Phone no:	 5479 4666	Fax no:	5479 4644

PROPERTY DESCRIPTION
Street address:	100 Cooyar Street NOOSA HEADS
Real property description:	LOT 9 on RP225312
Owner Details
Name:	Ozcare
Postal address:	PO Box 912
FORTITUDE VALLEY  QLD  4006
Referral Agencies
Referral Agency	Address	Basis
Nil

Application Type
Development	Development Details	Preliminary Approval	Development Permit
Operational Works - Access, Stormwater, Sediment & Erosion Control	In accordance with Engineering drawings Nos.05N490-C01-P3,C02-P3,C03-P3,C04-P3,C05-P3,C06-P3,C07-P3,C10-P3,C11-P3,C20-P3,C21-P3,C22-P3,C30-P3,C31-P3 dated 7 March 2006 and prepared by Qantec McWilliam or as modified herein.	No	Yes
Decision details
Council decided to approve the application on 4 April 2006, subject to conditions.
applicable codes
The developer must comply with the following codes for self-assessable development related to the development approved under this Development Permit:-
NA
Conditions
The approval is subject to conditions. Noosa Council’s conditions are attached.
Further Development Permits Required
Type of Development Permit required	Subject of the required Development Permit

Rights of Appeal
Rights of appeal in relation to this application are attached.
Assessment Manager
Name:	Noosa Council	Signature:
Date:

	Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

The development shall be carried out in accordance with Engineering drawings Nos.05N490-C01-P3,C02-P3,C03-P3,C04-P3,C05-P3,C06-P3,C07-P3,C10-P3,C11-P3,C20-P3,C21-P3,C22-P3,C30-P3,C31-P3 dated 7 March 2006 and prepared by Qantec McWilliam or as modified herein.
No structure requiring a building permit shall be constructed within the zone of influence of the existing sewer as indicated on Qantec Mcwilliam Drawing 05N490-C05-P3 Bulk Earthworks Plan.
The names of any proposed contractors for works are to be submitted in writing, together with copies of current Public Liability and Workers Compensation Insurances, for consideration for approval by the Manager-Land Development seven (7) days prior to pre-start meetings and commencement of works.
A separate letter will then be issued approving the Contractor (or otherwise) for the works. No other Contractor or Subcontractor shall be engaged to carry out the works or any part of the works without the written approval of the Manager-Land Development.
Council’s Construction Technical Officer (ph 0410 512 505), shall be given seven (7) days’ notice of intention to commence works to arrange a “pre start” meeting regarding the civil works.
Prior to works commencing, Council is to be advised of the Engineer (RPEQ) supervising the project. (This person will be the contact for the project).
Council standards shall apply to these works unless otherwise modified herein.
The person acting on this permit shall ensure that its consultants and contractors take all reasonable care during the construction of the engineering works to ensure that Council property, road pavements or facilities (such as underground drainage, water supply, sewerage, footpaths, kerbing, landscaping, street furniture etc.) are protected against any damage or interference whatsoever.
If any Council property or facilities should be damaged by the Applicant or any of its Consultants or Contractors through any cause whatsoever in the course of, directly or indirectly, carrying out the engineering works, the Applicant and/or its Contractors shall forthwith notify the Manager-Land Development and shall forthwith rectify the damage to that property or facility at its cost and to the satisfaction of the Manager-Land Development, prior to the commencement of the use or, alternatively, the Applicant may request the Council to carry out the rectification work at the Applicant’s cost, such cost being paid by the Applicant to the Council prior to the commencement of the use, provided that in the case of emergency the Council shall be entitled to rectify such damage at the cost of the Applicant, such cost being paid prior to the commencement of the use.
A management strategy to ensure no damage occurs to Council services shall be given to Council for assessment prior to the pre start meeting.
The development of the site shall be carried out in such a manner as to prevent dust and/or sand nuisance to residents and/or tenants in the vicinity of the development.
Construction work and other associated activities are permitted only during the hours of 7.00 am and 6.00 pm Monday to Saturday. No work is permitted on Sundays or public holidays, except where extended hours are approved by the Manager-Land Development or his nominee.
All signage, including that for safety during construction shall be in accordance with the Manual of Uniform Traffic Control Devices and Traffic Infrastructure (Roads) Act.
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot “fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system or natural waterways. Although the sediment and erosion control measures have been approved on drawing Nos. .05N490-C10-P3,C11-P3 Council’s Manager – Land Development may request further controls to be installed should approved measures be inefficient.
The owners of the subject property shall maintain the grease/oil arrestor pits/gross pollutant traps in accordance with the manufacturers specifications.
The owners of the subject property shall inspect the grease/oil arrestor pits/gross pollutant traps on a weekly basis and after each storm event.
The owners of the subject property shall enter into an ongoing maintenance contract with a Registered Contractor to clean and maintain the grease/oil arrestor pits/gross pollutant traps on a regular three monthly cycle and on a “On Call” basis in the case of an emergency.
The management and maintenance of the grease/oil arrestor pits/gross pollutant traps shall be included in the Community Management Scheme for the completed development.
These works are also to be in compliance with the relevant conditions of Development Permit No. 21675 DA (7 December 2005).
Pursuant to Section 3.5.21(5) of the Integrated Planning Act 1997, the Currency Period is two (2) years from the day this permit takes effect during which time all conditions must have been complied with and the Plan of Survey lodged with the Council for endorsement.
Notwithstanding that Council has checked the plans with due care, where it is found during construction that variations from Council's standards exist, then Council standards shall apply

	Local Laws, Policies & State Regulation Requirements
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

THE FOLLOWING ADVICES 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.

	Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

The following is an extract from the Integrated Planning Act (Chapter 4).
Division 8 - Appeals to court relating to development applications
Appeals by applicants
4.1.27.(1) An applicant for a development application may appeal to the court against any of the following-
the refusal, or the refusal in part, of a development application;
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;
the decision to give a preliminary approval when a development permit was applied for;
the length of a currency period;
a deemed refusal.
(2) An appeal under subsection (1)(a) to (d) must be started within 20 business days (the “applicant’s appeal period”) after the day the decision notice or negotiated decision notice is given to the applicant.
(3) An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.
Appeals by submitters
4.1.28.(1) A submitter for a development application may appeal to the court about-
the giving of a development approval, including any conditions (or lack of conditions) or other provisions of the approval; or
the length of a currency period for the approval.
(2) The appeal must be started within 20 business days (the “submitters appeal period”) after the day the decision notice or negotiated decision notice is given to the submitter.
(3) If a person withdraws a submission before the application is decided, the person may not appeal the decision.
(4) If an application involves both impact assessment and code assessment, appeal rights for submitters are available only for the part of the application involving impact assessment.
(5) If an application is processed under section 6.1.28(2), appeal rights for submitters for the application are available only for the aspects of the development that would have required public notification under the repealed Act.
(6) If an application involves assessment against a concurrence agency code, appeal rights for submitters for the application are not available against the part of the approval that represents the concurrence agency’s response for the code.
Appeals by advice agency submitters
4.1.29.(1) An advice agency may, within the limits of its jurisdiction, appeal to the court about the giving of a development approval for a development application if-
the development application involves impact assessment; and
the advice agency told the applicant and the assessment manager to treat its response to the application as a submission for an appeal.
(2) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
Appeals for matters arising after approval given (co-respondents)
4.1.30.(1) For a development approval given for a development application, a person to whom any of the following notices have been given may appeal to the court against the decision in the notice-
a notice giving a decision on a request for extension of the currency period for an approval;
a notice giving a decision on a request to make a minor change to an approval.
The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
Subsection (1)(a) does not apply if the approval resulted from a development application (superseded planning scheme) that was assessed as if it were an application under a superseded planning scheme.
Also, a person who has made a request mentioned in subsection (1) may appeal to the court against a deemed refusal of the request.
An appeal under subsection (4) may be started at any time after the last day the decision on the matter should have been made.
Division 9 - Appeals to court about other matters
Appeals for matters arising after approval given (no co-respondents)
4.1.31.(1) A person to whom any of the following notices have been given may appeal to the court against the decision in the notice-
a notice giving a decision on a request to change or cancel a condition of a development approval.
a notice under section 6.1.44 giving a decision to change or cancel a condition of a development approval.
The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
Also, a person who has made a request mentioned in subsection (1)(a) may appeal to the court against a deemed refusal of the request.
An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.
Appeals against decisions to change approval conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a 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-
the decision; or
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.
 Section 3.1.6 (Preliminary approval may override local planning instrument)
 Section 6.1.44 (Conditions may be changed or cancelled by assessment manager or concurrence agency in certain circumstances)

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NOOSA COUNCIL IDAS Development Application Decision Notice

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Referral Agency	Address	Basis
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Application Type and Decision details
Council decided to <
applicable codes
The developer must comply with the following codes for self-assessable development related to the development approved under this Development Permit:-
<<insert applicable codes for self-assessable development >>.
SUBMISSIONS
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