Decision Notice - 010.2008.00000022.001 [As Published] · 132008.22

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NOOSA COUNCIL IDAS Development Application Decision Notice                                               2 of 8

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.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                               Date:       4/03/08




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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.     Development undertaken in accordance with this approval must generally comply with the approved plans
       of development. The approved plans are prepared by Project Planning Group, dated 15 February 2008,
       revision F and numbered as follows:

            Site Plan – 694-07 Sheet 1;

            Ground Floor Plan – 694-07 Sheet 2;

            First Floor Plan – 694-07 Sheet 3;

            First Floor Roof Plan – 694-07 Sheet 4;

            Elevations 1 & 2– 694-07 Sheet 5;

            Elevations 3 & 4– 694-07 Sheet 6 ;

            Section A – 694-07 Sheet 7;

            Section BB – 694-07 Sheet 8;

       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 hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
       (LPG or natural).

4.     The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA
       Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating
       and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to
       comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not
       exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this
       requirement.

5.     The side boundary fence shall not extend closer than 2m to the Noosa Springs Drive road frontage.

6.     The dwelling house is not to exceed a height of 8.0 metres and 2 storeys above natural and finished
       ground level.

7.     The Development Permit for a material change of use of premises lapses if the use has not happened by
       3 March 2012 unless an application to extend the currency is approved by Council.

LAND DEVELOPMENT CONDITIONS

Vehicle Access

8.     A vehicular access driveway to serve the development shall be constructed from the Noosa Springs Drive
       frontage of the site with a maximum width of 3.5m.

9.     The driveway shall be designed and constructed to Council’s design standards and to grades that prevent
       vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath
       without any step or level difference. Should any driveways be constructed to grades that do not comply
       with AS/NZS 2890.1-2004, Council will require that the driveway be removed and reconstructed to levels
       that do comply.




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       Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the
       footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.

10.    To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the
       driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight
       line requirements as defined in AS 2890.1, section 3.2.4. The applicant shall demonstrate compliance by
       illustrating these sight lines on the plans submitted for both Operational Works approval and Building
       Works approval.

11.    All vehicles shall enter and leave the site in a forward direction.

Car Parking

12.    Carparking shall be provided within the site as shown on drawing number 694-07 Revision F dated 15
       February 2008 by Project Planning Group, except as modified herein.

13.    The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user
       class 1A with allowance for vehicles to enter and leave the site in a forward gear and with a minimum
       head clearance (headroom) at any point of 2.2m.

14.    All carparking shall be kept and maintained in a condition fit for use.

Roof Water & Stormwater Drainage

15.    Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank (minimum
       storage 5000 litres) that is installed to ensure water from the tank is used for external uses (such as
       watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools, outdoor
       cleaning, etc) and for use in flushing of toilets internal to the dwelling. All rainwater tanks are to be
       designed and installed in accordance with the Queensland Development Code (QDC), Part 25 –
       Rainwater Tanks, and shall be part of the plumbing application in conjunction with the building approval.
       The location and capacity of the tanks shall be clearly shown on the plans submitted for Building Works
       approval and any overflow shall be directed to the stormwater drainage system.

16.    All stormwater drainage (including roof water overflow from the rainwater storage system) shall be
       collected and discharged so there is no net increase in stormwater runoff from the site. Stormwater
       drainage permitted to drain from the site shall be discharged to the existing drainage structures at the rear
       of the site.

17.    All site stormwater drainage shall be by means of a gravity system.

Sewer Mains

18.    The site shall 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.

Town Water Supply

19.    The site shall 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.

Erosion and Sediment Control

20.    Any person acting on this permit shall 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 are required to be submitted
       as part of any application for a Development Permit for Building Works.

Contributions Towards Council Infrastructure

21.    Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading
       various infrastructure at the rates applicable at the time of payment. An estimate only of the contribution
       amounts under the current Council policies and requirements is outlined in the table below:




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          Contribution Required For:                                                          Amount:

          PSP20 – Pathway Trunk Network Contributions                                         $682

          TOTAL Contribution Amount =                                                         $682
          Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane
          from December 2007 until the date of payment.

       All contributions must be paid prior to the commencement of the use.

General

22.    Any damage caused to any public utility during the course of construction shall be repaired to Council’s
       standards and at no cost to Council.

23.    Any 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.

24.    The transportation of all materials to and from the site shall 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 shall
       be covered to prevent materials including dust being windblown from the vehicle.




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                                      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.      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.

        1.3.   A maximum penalty of $1,500 applies to an offence under this legislation.

2.      The applicant is advised that development contributions and infrastructure charges applicable to this
        development approval have been based on the following Uses Class/ Uses and applicable quantities:-

                       Existing Development                                  Approved Development
          Existing Use Class /                                   Approved Use Class /
                                       Existing Quantity                                      Approved Quantity
                  Use                                                   Use
         Detached House             NIL (Vacant Land)           Detached House              1 x Detached House

3.      The applicant is informed that approval of this development application will trigger an Infrastructure
        Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated
        amount of $2,818 and is subject to variations in the Consumer Price Index, All Groups Brisbane from
        December 2007 until the date of payment. An Infrastructure Charge Notice will be issued in accordance
        with Chapter 5 of the Integrated Planning Act 1997.

4.      The applicant is informed that payment via credit card transaction will not be an acceptable method of
        payment for development contributions conditioned in this permit or for infrastructure charge notices
        issued separately.

5.      Fencing to the swimming pool must comply with the Queensland Building Act 1975 Part 3 (as amended)
        and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from the dwelling to the
        pool enclosure is not permitted

6.      The applicant is advised that a Compliance Permit for all plumbing and drainage works within the
        boundaries of the development site shall be obtained from Council’s Plumbing Services Section prior to
        obtaining a Development Permit for Building Works.




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                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

   The following is an extract from the Integrated                           (6) If an application involves assessment against
   Planning Act (Chapter 4).                                              a concurrence agency code, appeal rights for
                                                                          submitters for the application are not available
   Division 8 - Appeals to                   court      relating     to
                                                                          against 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    a development approval for a development
       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
                            1
       under section 3.1.6;                                                   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
       (3) An appeal under subsection (1)(e) may be                       the following notices have been given may appeal to
   started at any time after the last day a decision on the               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
       (2) The appeal must be started within 20 business                  approval resulted from a development application
                                                                          (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
      (4) If an application involves both impact
                                                                          started at any time after the last day the decision on
   assessment and code assessment, appeal rights for
                                                                          the 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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                                      2
(b) a notice under section 6.1.44 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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