Decision Notice - 010.2007.00000604.001 [As Published] · 142007.604

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NOOSA COUNCIL IDAS Development Application Decision Notice                                               2 of 8

9.     CONDITIONS

The approval is subject to conditions. Noosa Council’s conditions are attached.

10.    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                 Subject of the required Development Permit
 Nil

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                              Date:       16/01/08




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                                     Noosa Council Conditions
                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION



Landscaping

1.     The site is to be developed in accordance with the approved Plans titled and numbered Surface Finishes
       – Drawing Number L-SF-201, Planting Plan – L-PP-401 and Planting Details – L-DT-901 (Project No.
       2430.01, Issue OP2) and Landscape Technical Specification (Issue OP2) prepared by EDAW AECOM
       and dated 08/01/08 and as may be amended by these conditions.

2.     The landscape construction shall have regard to the environmental values of the site and shall adhere to
       the approved Management Plans and Integrated Management Plans (12592DA) at all times.

3.     All earthworks for the site shall be confined to within the property boundary that corresponds with the
       black line illustrated on the plans. The extent of works shall not be interpreted as the bold dashed line as
       illustrated on the approved landscape plans and labelled ‘extent of works’.

4.     The extent of works, which corresponds with the property boundary, shall be fenced using a 3 wire star
       picket fence of 1.2 metres in height for the purpose of preventing access beyond this area. The fence
       shall be maintained throughout the construction period and shall only be removed with the agreement of
       the Manager – Land Use.

5.     No buildings, structures (including fences) or works, other than those areas illustrated on the plans for
       access to the site, shall be erected or undertaken in the vegetated road reserve area located between
       Bayview Road and the subject site.

6.     This vegetated road reserve area between Bayview Road and the subject site shall be cordoned off with a
       3 wire star picket fence of 1.2 metres in height to prevent access into this area. The fence shall be
       maintained throughout the construction period and shall only be removed with the agreement of the
       Manager – Land Use.

7.     All retaining walls (excluding crib walls) with a height in excess of 0.8 metres shall have timber posts or
       other Koala access structures, excluding where the wall provides direct access to the pool.

8.     Ropes shall be placed in the ornamental pools as koala escape routes.

9.     The colour of the proposed water tanks identified on the approved plans shall be woodland grey.

10.    The vegetated road reserve area between Bayview Road and the subject site shall be planted with an
       additional 3 x Eucalyptus tereticornius street trees. These trees shall function as Koala food and habitat
       trees.

11.    All manholes, inspection pits and grates are to be raised to finish surface level and kept free of cover and
       be visible at all times to ensure prompt access in case of emergency.

12.    All native plant species located in group plantings shall not be subjected to any hedging maintenance
       regimes.

13.    Street trees shall be planted a minimum of 1m from the back of the kerb in the road reserve verge.

14.    All street trees and internal trees 45 litre and greater must be securely tied and staked to assist their
       growth during the establishment period.

15.    The density of planting must achieve the set out requirements as detailed on the approved landscape
       plan.

16.    Plants shall be grouped in mulched beds rather than planted individually to provide for optimum growing
       conditions and less maintenance.




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17.    Prior to commencement of earthworks and removal of trees, all existing trees nominated for retention on
       the approved Council plans must be cordoned off with protective barricade fencing to prevent impact from
       all future construction works.

18.    All target or hazard pruning required on trees to be retained must be carried out by a qualified
       experienced arborist.

19.    The applicant must ensure that all landscaping treatment does not unduly restrict/prevent access to
       service meters within the site.

20.    This Development Permit lapses if the development has not happened by 16 January 2010 unless
       application to extend the currency is approved by Council.
Frontage Works, Access, Car Parking, Stormwater Disposal, Sediment & Erosion Controls and Filling of the Site.
21.    The development shall be carried out in accordance with drawings Nos.

              Plan A        undated                              by Murray & Associates

              Plan B        dated 23 March 2007                  by Murray & Associates

              or as modified herein.

22.    Council’s stop valve lid in existing footpath to be regraded, shall be raised to be flush with the new
       concrete footpath level. Please contact Council’s Water & Sewerage Section prior to works commencing.

23.    All heavy plant shall be transported to the site via the National Park track, provided that Queensland
       Parks & Wildlife Service agrees to the use of the track. Park Road the access road to the site has a 9
       tonne limit, all vehicles using Park Road must abide by this load limit.

24.    No queuing of trucks is permitted in Viewland Drive, Bayview Road or other residential streets in the
       vicinity of the site.

25.    Suitable sediment control devices ("in pit” pollution control devices) shall be temporarily installed into the
       first existing external downstream stormwater structure.
       These devices are to be checked and cleaned on a regular basis and specifically after each rain event.
       These devices are to remain in place during the civil works and construction phases of the development.
       The location and type of device to be installed shall be established at the “pre start” meeting with
       Council’s Construction Technical Officer and shall be installed prior to the commencement of any works.
26.    A site control and/or compliance bond of $2000 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.

27.    Council’s Construction Technical Officer - Mick Conroy (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.

28.    The principal contractor must have all the appropriate insurance and public liability documentation to carry
       out the works. The principal contractor is also responsible to ensure that any sub contractors also have
       the appropriate insurance and public liability documentation.

29.    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.

30.    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).

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




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32.    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.

       All rectification works are to be completed 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.

       In the case of any 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 submitted to Council for
       assessment prior to the pre-start meeting.

33.    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.

34.    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.

35.    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.

36.    Safe pedestrian access on Bayview Road 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.

37.    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, Council’s
       Manager – Land Development may request further controls to be installed should approved measures be
       inefficient.

38.    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.

39.    Pursuant to Section 3.5.21(5) of the Integrated Planning Act 1997, the Relevant 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.

40.    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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                                      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.

2.    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:-

      2.1. On a Sunday or public holiday, at any time; or

      2.2. 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.

3.    Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of
      operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In
      accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the
      Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the
      requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational
      works must be submitted to Council prior to the commencement of any works over the site.




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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
                                                                          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
      (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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