142006.933 - Decision Notice

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NOOSA COUNCIL IDAS Development Application Decision Notice                                                2 of 8

9.     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                  Subject of the required Development Permit
 N/A

10.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

11.    ASSESSMENT MANAGER

 Name:      Noosa Council                  Signature:                             Date:      01/06/2006




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                   3 of 8




                                     Noosa Council Conditions
                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


1.     The development shall be carried out in accordance with Engineering drawings Nos. 0202 –
       06,07,08,09,10,11,12,13,16 dated 12 January 2006 and as prepared by Callaghan & Toth or as modified
       herein.

2.     The minimum depth of asphalt must be 30mm, which complies with Council’s standard.

3.     The construction of the jetty and sewerage works as shown on the plans do not form part of this approval.

4.     The total required pavement thickness shall be based on the Department of Transport’s Pavement Design
       Manual using soaked CBR tests of the subgrade.

       The design pavement thickness, together with CBR test results shall be submitted to Council’s Manager -
       Land Development for approval prior to placement of pavement material.

5.     A site control and/or compliance bond of $10,000 is to be submitted to Council prior to the pre-start
       meeting. The pre-start meeting will only be held once Council's Construction Technical Officer has
       confirmation that the bond monies have been received by Council.

       The bond will be refunded less any costs incurred by Council in ensuring compliance with these conditions
       or any additional inspections incurred for substandard work or work undertaken not in accordance with this
       permit.

6.     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.

7.     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.

8.     Prior to the “pre start” meeting, the principal contractor must be provided with a copy of Council’s
       signed approved drawings and conditions by the applicant.

9.     The Consulting Engineers for the project shall be currently Registered Professional Engineers of
       Queensland (RPEQ). The consulting engineers are responsible for arranging all inspections, with
       Council’s Construction Technical Officer or nominated staff. Council’s Construction Technical Officer shall
       provide an inspection form for signing off by the Engineer at appropriate stages of construction, during on-
       site meetings. Construction Technical Officer will also sign the form at each stage when conditions
       required have been satisfied. The works will be accepted “On Maintenance” after this form, signed by the
       inspector for each stage is complete, together with a letter from the Engineer requesting that the works go
       “On Maintenance”.

10.    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).

11.    Council standards shall apply to these works unless otherwise modified herein.

12.    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.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                    4 of 8


       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.

13.    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.

14.    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.

15.    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.

16.    Safe pedestrian access on Mill Street and Chaplin Park shall be maintained at all times. Should footpath
       / road closures be necessary to carry out construction works, Council’s Construction Technical Officer (ph
       0410 512 505) must be notified prior to the proposed closure.

17.    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
       No. 0202-16 by Callaghan & Toth, Council’s Manager – Land Development may request further controls to
       be installed should approved measures be inefficient.

18.    The owners of the subject property shall maintain the grease/oil arrestor pits/gross pollutant traps in
       accordance with the manufacturers specifications.

19.    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.

20.    All stormwater drainage lines including private drainage lines (also known as inter-allotment drainage
       lines) or as otherwise approved by Council’s Manager of Land Development shall be inspected by closed
       circuit television (CCTV) at the completion of all works and immediately prior to acceptance ‘On
       Maintenance’. Council’s Construction Technical Officer shall be advised of the timing of this inspection.
       A report of the CCTV inspection, including photographic records (which includes photos & video
       recordings burnt onto a CD) of the inspection shall be submitted to the Council for approval. Any defects
       or substandard works shall be recorded and accurately illustrated on the drainage plan showing the
       location of the defect(s).
       Substandard work will not be accepted ‘On Maintenance’ and must be rectified at the applicants expense
       with a further CCTV inspection arranged once the rectification works have been completed.
       To this extent all CCTV inspections, including any additional inspections necessary following defect
       identification and rectification, shall be entirely at the applicant’s expense. Any costs incurred by Council
       in reviewing the CCTV inspection results shall also be borne by the applicant.

21.    Prior to acceptance of civil works to become Council assets "On Maintenance", the lodgement of
       satisfactory “As Constructed” records shall be submitted to Council.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                    5 of 8


       As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer (RPEQ) for
       design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of all
       services and structures. All of which shall be submitted to Council for checking and for Council’s records.
       The data must fully detail levels for all engineering works including but not limited to drainage structures,
       finished ground levels and pavement surface levels. The data shall be submitted in the Asset Design and
       As Constructed (ADAC) digital format.            (Guidelines on the use of ADAC are available at
       www.adac.com.au).

       Approval of works shall not be granted until all As Constructed information has been
       supplied and accepted by Council.

22.    A 5% cost of works to become Council assets or $1,500 bond (whichever is the greater) will be imposed
       on construction works during the maintenance period, which is a minimum period of 12 months duration.
       Such bond must be lodged by, and shall only be accepted from the Developer for the works.

23.    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.

24.    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




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NOOSA COUNCIL IDAS Development Application Decision Notice                                             6 of 8



                                     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

1.     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.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                           7 of 8



                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

   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
   Division 8 - Appeals to                   court     relating     to    the part of the approval that represents the
   development applications                                               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                  4.1.29.(1) An advice agency may, within the limits of
   may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
   (a) the refusal, or the refusal in part, of a development              a 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                      (b) the advice agency told the applicant and the
       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 currency 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                   Appeals for matters arising after approval given
   be started within 20 business days (the “applicant’s                   (co-respondents)
   appeal 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                       following notices have been given may appeal to the
   started at any time after the last day a decision on the               court against the decision in the notice-
   matter should have been made.
                                                                          (a) a notice giving a decision on a request for
   Appeals by submitters                                                      extension of the currency period for an approval;
   4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
   may appeal to the court about-                                             minor change to an approval.
   (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
       any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
       provisions of the approval; or                                     to the person.
   (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
                                                                          approval resulted from a development application
       (2) The appeal must be started within 20 business
                                                                          (superseded planning scheme) that was assessed as
   days (the “submitters appeal period”) after the day
                                                                          if it were an application under a superseded planning
   the decision notice or negotiated decision notice is
                                                                          scheme.
   given to the submitter.
                                                                             (4) Also, a person who has made a request
      (3) If a person withdraws a submission before the
                                                                          mentioned in subsection (1) may appeal to the court
   application is decided, the person may not appeal the
                                                                          against a deemed refusal of the request.
   decision.
                                                                             (5) An appeal under subsection (4) may be started
      (4) If an application involves both impact
                                                                          at any time after the last day the decision on the
   assessment and code assessment, appeal rights for
                                                                          matter should have been made.
   submitters are available only for the part of the
   application involving impact assessment.                               Division 9 - Appeals to court about other matters
       (5) If an application is processed under section                   Appeals for matters arising after approval given
   6.1.28(2), appeal rights for submitters for the                        (no co-respondents)
   application are available only for the aspects of the
   development that would have required public                            4.1.31.(1) A person to whom any of the following
   notification under the repealed Act.                                   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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(b) a notice under section 6.1.442 giving a decision to
    change or cancel a condition of a development
    approval.
    (2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
   (3) 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.
   (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.
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-
(a) the decision; or
(b) 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.




2
     Section 6.1.44 (Conditions may be changed or cancelled by
    assessment manager or concurrence agency in certain
    circumstances)




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