Council archive · source document
Decision Notice - 010.2008.00001491.001 [As Published] · 132008.1491
Officer: Glen Conforti
Direct Telephone: (07) 5449 5379
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/1491
Your Reference:
24 November 2008
Mr Warren L Walker & Mrs Ellen R Walker
7 Kareela Avenue
NOOSA HEADS QLD 4567
Dear Sir & Madam
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 24 November 2008 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/1491
Street address: 51 Witta Circle, Noosa Heads
Real property description: LOT: 114 N: 21845
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use - Detached House
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: -
Plan / Rev. Plan / Document Name Date
Document No.
0729 WD 1.03 C Site Plan – Middap Ditchfield Pty Ltd 21 October 2008
0729 WD 2.01 C Sub-Floor Plan – Middap Ditchfield Pty 21 October 2008
Ltd
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2008/1491
0729 WD 2.02 C Ground Floor Plan – Middap Ditchfield 21 October 2008
Pty Ltd
0729 WD 2.03 C First Floor Plan – Middap Ditchfield Pty 21 October 2008
Ltd
0729 WD 2.10 C Ground Floor Dimension Plan – Middap 21 October 2008
Ditchfield Pty Ltd
0729 WD 3.01 C Elevations – North & South – Middap 21 October 2008
Ditchfield Pty Ltd
0729 WD 3.02 C Elevations – East & West – Middap 21 October 2008
Ditchfield Pty Ltd
0729 WD 4.01 C Sections A-A & B-B & H-H – Middap 21 October 2008
Ditchfield Pty Ltd
0729 WD 4.02 C Sections C-C & D-D – Middap Ditchfield 21 October 2008
Pty Ltd
0729 WD 4.03 C Sections E-E & F-F & G-G – Middap 21 October 2008
Ditchfield Pty Ltd
0729 WD 6.01 C Construction Details 1, 2, 3, 4, 5 – 21 October 2008
Middap Ditchfield Pty Ltd
0729 WD 6.02 C Construction Details 6, 7, 10, 12 – 21 October 2008
Middap Ditchfield Pty Ltd
0729 WD 6.03 C Construction Details 8, 9, 11 – Middap 21 October 2008
Ditchfield Pty Ltd
and may be amended by these conditions and annotations on the plans.
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. 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 concentrate or direct overland flow on to an adjoining property.
4. All hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural).
5. The building height shall not exceed 8.0 metres above natural and finished ground level.
6. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of work confirming compliance with the
maximum allowable building height as required by either the conditions of approval or the
Planning Scheme.
7. A minimum of 20% of the site shall be retained as soft landscaping.
8. The existing stand of trees located in the South West corner of the site shall be retained.
9. Security in the form of a cash bond or trading bank guarantee to the sum of $6,000 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.
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2008/1491
Currency
10. The Development Permit for a material change of use lapses if the use has not happened by
24 November 2012, unless an application to extend the currency is approved by Council.
Land Development
River Flooding
11. All buildings proposed on site (and areas utilised for carparking purposes associated with the
buildings) must be constructed to comply with Council’s Minimum Floor Height requirements
as defined in Council’s Planning Scheme and on Council’s Planning Scheme Maps at the time
of issue of the Building Permit.
In this regard and as an indication only – the minimum floor height of all dwellings must be
located above the level of 2.7m above AHD. These levels however are subject to change and
verification must be made to Council’s Land Development Section prior to obtaining a Building
Works Permit.
The applicant should note that compliance with these levels does not necessarily require the
site to be filled as an equal result can be achieved by suspending the lower levels of the
building as opposed to filling. To this extent excessive filling should be avoided to prevent any
impacts on neighbouring properties and minimum floor levels should be strictly adhered to
without building higher than is actually needed to prevent flooding.
Kayak Storage Area
12. Materials listed in Section 31 of the Environmental Protection (Water) Policy 1997 must not be
stored and/or placed within the kayak storage area at any time.
Roof Water & Stormwater Drainage
13. Roof runoff from any new dwelling must be directed to a rainwater storage system or tank that
is installed to ensure water from the rainwater storage system or tank is used for external uses
(such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming
pools, outdoor cleaning, etc) and for internal (ground floor) use in washing machine cold taps
and toilet cisterns. All rainwater tanks must be designed and installed in accordance with the
Queensland Development Code (QDC) current at the time of building approval, and must be
part of the plumbing application for approval. The location and capacity of the tanks must be
clearly shown on the plans submitted for Building Works approval and any overflow must be
directed to the road frontage.
14. All stormwater drainage (including roof water overflow from the rainwater storage system)
must be collected and discharged so there is no net increase in stormwater runoff from the
site. Stormwater drainage permitted to drain from the site must be discharged to Council’s
kerb & channel street drainage system in Witta Circle. Plans of the drainage design must be
prepared by a Registered Professional Civil Engineer and submitted with the application for a
Building Works Permit.
The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street
drainage system at any one location is 25 litres/second.
15. All site stormwater drainage must be by means of a gravity system.
Sewer Mains
16. The site must 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.
17. The existing sewer main that traverses the site frontage and the ‘zone of influence’ (taken as
the area within a 45-degree angle measured from the invert of the sewer main to the finished
surface level) must be accurately located and determined by a licensed Surveyor and shown
on all plans submitted for Building Works approval.
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2008/1491
To ensure Council’s sewer main is accessible for maintenance purposes and is protected from
risk of damage no new structures requiring a building permit (eg. buildings, swimming pools,
retaining walls exceeding 1m in height, raised terraces, raised decks, etc) and other masonry,
brick or concrete block walls shall be constructed within this ‘zone of influence’ or within 1.5m
of the centreline of the sewer main, whichever is the greater. In this regard the design plans
shall be amended to ensure that the proposed building and any other relevant structures are
located clear of the zone of influence and are clearly shown on all plans submitted for Building
Works approval.
18. A clear area of 1.0 metre must be maintained around the sewerage inspection opening. Where
the sewerage inspection opening is located within a driveway, the opening point must be
raised to the finished surface level of the driveway with a brass cap.
Town Water Supply
19. The site must 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.
20. The water service from the Council reticulated water system must extend to the property
boundary and be metered, at no cost to Council. The water meter must be located outside the
property boundary and in an easily assessable location to facilitate unhindered reading by
Council and/or Council’s contracted water meter readers. The water meter must be clear of any
proposed driveway and not behind fences or locked gates. In this regard, approval of the water
meter configuration and location must be obtained from the Sunshine Coast Water Manager
prior to Building Works Approval.
Acid Sulfate Soils
21. As the site is located below the level of 5m above AHD, any excavation works consisting of
3 3
100m or greater and/or any filling works consisting of 500m or greater and with an average
depth of 0.5m or greater will need to be carried out in accordance with State Planning Policy
2/02 Planning and Managing Development Involving Acid Sulfate Soils and in accordance with
the management, treatment and monitoring requirements detailed in the document titled Acid
Sulfate Management Plan for a proposed Development at 51 Witta Circle, Noosa Heads, by
Bio-Track, dated 26 August 2008 except as modified herein.
All structures located within saline, sulphurous or acid soil or groundwater must be resistant
against the corrosive effects of saline, sulphurous or acid soils or groundwater.
An appropriately qualified person must provide certification with the application for Building
Works Permit that the building materials proposed to be used within structures to be located
within saline, sulphurous or acid soil or groundwater are resistant against the corrosive effects
of saline, sulphurous or acid soils or groundwater.
Corrective measures must be implemented as detailed in the document titled Response to a
Request for Information relating to Acid Sulfate Management Plan for a proposed
Development at 51 Witta Circle, Noosa Heads by Bio-Track, dated 7 October 2008.
No excavations are permitted below the upper level of the groundwater table. In this respect,
plans submitted for any Building Works Permit must be amended to ensure no excavations are
planned to occur below 0.61m above AHD.
Erosion and Sediment Control
22. Any person acting on this permit must 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.
In this regard, plans detailing the methods of controlling erosion and sediment in accordance
with the Healthy Waterways document and fact sheet series titled Controlling Stormwater
Pollution on your Building Site dated 2006 are required to be submitted with the application to
seek a Building Works Permit.
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2008/1491
General
23. Any construction works undertaken in the vicinity of Councils existing water supply or
sewerage infrastructure will not adversely affect the integrity of the infrastructure.
24. Any damage caused to any public utility during the course of construction must be repaired to
Council’s standards and at no cost to Council.
25. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site must be at no cost to Council.
26. The transportation of all materials to and from the site must 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 must 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 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
0729 WD 1.03 C Site Plan – Middap Ditchfield Pty Ltd 21 October 2008
0729 WD 2.01 C Sub-Floor Plan – Middap Ditchfield Pty 21 October 2008
Ltd
0729 WD 2.02 C Ground Floor Plan – Middap Ditchfield 21 October 2008
Pty Ltd
0729 WD 2.03 C First Floor Plan – Middap Ditchfield Pty 21 October 2008
Ltd
0729 WD 2.10 C Ground Floor Dimension Plan – Middap 21 October 2008
Ditchfield Pty Ltd
0729 WD 3.01 C Elevations – North & South – Middap 21 October 2008
Ditchfield Pty Ltd
0729 WD 3.02 C Elevations – East & West – Middap 21 October 2008
Ditchfield Pty Ltd
0729 WD 4.01 C Sections A-A & B-B & H-H – Middap 21 October 2008
Ditchfield Pty Ltd
0729 WD 4.02 C Sections C-C & D-D – Middap Ditchfield 21 October 2008
Pty Ltd
0729 WD 4.03 C Sections E-E & F-F & G-G – Middap 21 October 2008
Ditchfield Pty Ltd
0729 WD 6.01 C Construction Details 1, 2, 3, 4, 5 – 21 October 2008
Middap Ditchfield Pty Ltd
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2008/1491
0729 WD 6.02 C Construction Details 6, 7, 10, 12 – 21 October 2008
Middap Ditchfield Pty Ltd
0729 WD 6.03 C Construction Details 8, 9, 11 – Middap 21 October 2008
Ditchfield Pty Ltd
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. 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:-
1.1. On a Sunday or public holiday, at any time; or
1.2. 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.
2. The applicant is advised that the following property note (or similar) will be created for the
subject site to advise potential purchaser “the kayak storage area has been constructed at a
level that is below expected flood levels and during major storm events it is likely that the
kayak storage area will be inundated. To this end, it is likely that items/objects stored in the
kayak storage area will at some stage be affected by floodwaters and owners should be
mindful of what they store.”
3. It is relevant to note that in the event that Acid Sulfate Soils are removed from site and
forwarded for disposal at one of Council’s landfill sites, Council may:-
a. refuse to accept such soil or
b. treat and neutralize the soil and charge such costs for soil testing and remediation to the
applicant and or developer of the site.
4. The applicant is advised that a Compliance Permit for all plumbing and drainage works within
the boundaries of the development site must 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 applicant is advised that the following property note (or similar) will be created for the subject
site to advise potential purchaser “the kayak storage area has been constructed at a level that is
below expected flood levels and during major storm events it is likely that the kayak storage area will
be inundated. To this end, it is likely that items/objects stored in the kayak storage area will at some
stage be affected by floodwaters and owners should be mindful of what they store.”
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2008/1491
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
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:
Detached House Driveways Code
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.
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.
Yours faithfully,
Kerri Coyle
MANAGER – LAND USE
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2008/1491
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
Division 8 - Appeals to court relating to for the application are not available against the part of
development applications the approval that represents the concurrence agency’s
response for the code.
Appeals by applicants
Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following- 4.1.29.(1) An advice agency may, within the limits of
its 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
application; if-
(b) a matter stated in a development approval, (a) the development application involves impact
including any condition applying to the assessment; and
development, and the identification of a code
under section 3.1.6;1 (b) the advice agency told the applicant and the
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 currency period; days after the day the decision notice or negotiated
(e) a deemed refusal. decision notice is given to the advice agency as a
(2) An appeal under subsection (1)(a) to (d) must submitter.
be started within 20 business days (the “applicant’s Appeals for matters arising after approval given
appeal period”) after the day the decision notice or (co-respondents)
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be development application, a person to whom any of the
started at any time after the last day a decision on the following notices have been given may appeal to the
matter should have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application extension of the currency period for an approval;
may appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including minor change to an approval.
any conditions (or lack of conditions) or other (2) The appeal must be started within 20 business
provisions of the approval; or days after the day the notice of the decision is given to
(b) the length of a currency period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day approval resulted from a development application
the decision notice or negotiated decision notice is (superseded planning scheme) that was assessed as
given to the submitter. if it were an application under a superseded planning
scheme.
(3) If a person withdraws a submission before the
application is decided, the person may not appeal the (4) Also, a person who has made a request
decision. mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.
(4) If an application involves both impact
assessment and code assessment, appeal rights for (5) An appeal under subsection (4) may be started
submitters are available only for the part of the at any time after the last day the decision on the
application involving impact assessment. matter should have been made.
(5) If an application is processed under section Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the Appeals for matters arising after approval given
application are available only for the aspects of the (no co-respondents)
development that would have required public
notification under the repealed Act. 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) 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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2008/1491
(b) a notice under section 6.1.442 giving a decision to (d) the length of a period mentioned in section 3.5.21
change or cancel a condition of a development currency period;
approval. (e) a deemed refusal.
(2) The appeal must be started within 20 (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision be started within 20 business days (the “applicant’s
is given to the person. appeal period”) after the day the decision notice or
(3) Also, a person who has made a request negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request. started at any time after the last day a decision on the
(4) An appeal under subsection (3) may be matter should have been made.
started at any time after the last day the decision on The Registrar for the Building and Development
the matter should have been made. Tribunal may be contacted at the website
Appeals against decisions to change approval http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
For Infrastructure Charges Only
decision made on an application to change the 4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under charges
section 2.19(3)or section 4.4 of the repealed Act may (1) This section applies to a person who has been
appeal to the court against- given, and is dissatisfied with, an infrastructure
(a) the decision; or charges notice or a regulated State infrastructure
(b) a deemed refusal of the application. charges notice.
(2) An appeal under subsection (1)(a) must be (2) The person may appeal to the court against the
started within 20 business days after the day notice of notice.
the decision is to be given to the person. (3) The appeal must be started within 20 business
(3) An appeal under subsection (1)(b) may be days after-
started at any time after the last day a decision on the (a) if the notice is given because of a development
matter should have been made. approval or master plan approval-the day the
Appeals against local laws applicant is given notice of the decision about the
approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions (b) otherwise-the day the notice is given to the
applied under a local law about the use of premises or person.
the erection of a building or other structure permitted (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court (a) whether a charge in the notice is so
against the decision or the conditions applied. unreasonable that no reasonable relevant local
(2) The appeal must be started within 20 business government, State infrastructure provider or
days after the day notice of the decision is given to the coordinating agency could 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
Rights of appeal conferred by Section 4.2.9 of the appeal under this section can not be about the
Integrated Planning Act 1997 as follows: methodology used to establish the charge in the
relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
State infrastructure charges schedule.
development applications
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
(c) the decision to give a preliminary approval when a
development permit was applied for;
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 9 of 9
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