23576 DA - Decision Notice [As Published] · 132003.221108.2

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                                                                                      2003/221108



4      CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Land Use
1.     Development undertaken in accordance with this approval must generally comply with the
       approved plans of development and may be amended by these conditions and annotations on
       the plans.

       Plan /               Rev.     Plan / Prepared by                                    Date
       Document No.
       .012                          Aerial Photo – Mojo Design                            June 2010
       .013                          Site/ Roof Plan – Mojo Design                         June 2010
       .203                          First Floor Plan/Existing – Mojo Design               June 2010
       .206                          First Floor Plan/Proposed – Mojo Design               June 2010
       .601                          Cross Section AA – Mojo Design                        June 2010
       Sheet 1/1010                  Perspective 3D Elevations – Mojo Design               June 2010
       Sheet 2                       Perspective 3D Elevations/ Height Blanket – Mojo      June 2010
                                     Design

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.     Existing trees on the site and within road reserves shall be retained. In this regard no
       vegetation shall be removed for the construction of the alteration and additions.
4.     The portion of the music room and study roof shown outside the height blanket on Sheet 2
       Perspective & 3D Elevations and Height Blanket plan prepared by Mojodesign and dated June
       2010 shall not exceed 10.4m above the natural and finished ground surface and 2 storeys.
5.     This Development Permit for a material change of use lapses if:-
       5.1.   the use or erection of a building or other structure associated with the use, has not been
              commenced by 24 November 2007, unless application is made and approved by
              Council for an extension; or
       5.2.   the use of any premises pursuant to the Development Permit ceases.
6.     A verification survey of the building shall be carried out by a Licensed Surveyor and a
       certificate lodged with Council at completion of the work confirming compliance with the
       maximum allowable building height as required by the conditions of approval.
5      REFERRAL AGENCY CONDITIONS

Not applicable.

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

Plan / Document No.          Rev.    Plan / Prepared by                                  Date

.012                                 Aerial Photo – Mojo Design                          June 2010

.013                                 Site/ Roof Plan – Mojo Design                       June 2010

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                                                                                        2003/221108




.203                                 First Floor Plan/Existing – Mojo Design               June 2010

.206                                 First Floor Plan/Proposed – Mojo Design               June 2010

.601                                 Cross Section AA – Mojo Design                        June 2010

Sheet 1/1010                         Perspective 3D Elevations – Mojo Design               June 2010

Sheet 2                              Perspective 3D Elevations/ Height Blanket –           June 2010
                                     Mojo Design

7      ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.
Your attention is also directed to the fact that in addition to the requirements of the Building Code of
Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact
on the proposed building work:
(a)       The Disability Discrimination Act 1992 (Commonwealth)
(b)       Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to address
equitable access and facilities in the building:
(a)       The building and environs should be designed to meet the requirements of the Human
          Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS
          1428.2
(b)       Applicants should be aware that a “Disability Standard on Access to premises” is currently
          being developed and most likely will impose changes on the Building Code of Australia
(c)       Any services and facilities in the building complex should allow independent, dignified and
          equitable use of the services and facilities for all people.
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.
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.

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9     PRELIMINARY APPROVAL OVERRIDING PLANNING 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

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
Sustainable Planning Act 2009 is attached.

15    OTHER DETAILS

If 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

25 November 2003                 Original Decision Notice
16 September 2010                Change to an Existing Approval with amendment to Conditions 1,
                                 3 & 4 and the addition of Condition 6


Yours faithfully




Glen Conforti
Planning Technical Officer



Enc: Appeal Rights
     Approved Plans




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                                                 Appeal Rights
                                                SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                REGULATION 2009




The following is an extract from the Sustainable Planning Act 2009 (Chapter 6).

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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