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SPA Decision Notice [As Published] · 132010.334

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                                             Officer:          Glen Conforti
                                             Direct Telephone: (07) 5449 5379
                                             Response Address: Locked Bag 72
                                                               Sunshine Coast Mail Centre QLD 4560
                                             Email:            [email protected]
                                             Our Reference:    2010/334
                                             Your Reference:
20 April 2010

Anthony John Lemarseny
PO Box 315
PEREGIAN BEACH QLD 4573




Dear Sir

                                      Decision Notice
                                  Sustainable Planning Act 2009

I refer to your application and advise that on 16 April 2010 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:

1        APPLICATION DETAILS

    Application No:                  2010/334
    Street address:                  44 Lorikeet Drive, Peregian Beach
    Real property description:       Lot 635 P 93128
    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 4 years starting the day that this development
approval takes effect. (Refer to Section 341 “When approval lapses if development not started” of the
Sustainable Planning Act 2009.)

4        ASSESSMENT MANAGER CONDITIONS
Approved Plans
1.        Development undertaken in accordance with this approval must generally comply with the
          approved plans of development. The approved plans are listed in the following table and
          may be amended by these conditions and annotations on the plans.




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Full text of the other 8 pages

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       Plan No.               Rev.     Plan Name – Prepared by                           Date

       BA - 02                MCU1     Ground Floor Plan – Beach House                   27 March 2010
                                       Architecture

       BA - 03                MCU1     Upper Floor      Plan       –   Beach   House     27 March 2010
                                       Architecture

       BA – 05                MCU      South & West Elevations – Beach House             3 March 2010
                                       Architecture

       BA – 06                MCU      North & East Elevations – Beach House             3 March 2010
                                       Architecture

       BA – 07                MCU      Cross Sections          –       Beach   House     3 March 2010
                                       Architecture

Relevant Period
2.     The Development Permit for a material change of use lapses if the use has not happened by
       16 April 2014, unless an application to extend the currency is approved by Council.
Building Height
3.     The building height shall not exceed 8.0 metres above the natural ground level, finished
       ground level and 2 storeys.
4.     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 either the conditions of approval of the
       Planning Scheme.
Setbacks
5.     The covered patio must be setback 1500mm from the northern boundary.
Security Bond
6.     Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 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.
Landscaping
7.     A minimum of 20% of the site shall be retained as soft landscaping.
8.     Existing trees on the site and within road reserves shall be retained, except where required
       to be removed due to building operations or the conduct of the approved use.
9.     All other vegetation shall be protected from interference resulting from clearing or
       construction activities by:
       9.1.      Clearly marking vegetation to be retained with flagging tape;
       9.2.      Installing protective fencing around the drip line of the vegetation;
       9.3.      Stockpiling, storage and vehicle parking occurs in already cleared areas and does
                 not cause interference with vegetation; and


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        9.4.      Low impact construction techniques are used around vegetation to minimise
                  interference with the vegetation.
10.     Cleared vegetation is to be suitably processed by one of the following methods and removed
        from the site:
        10.1.     Processing through a woodchipper or shredder. The resulting mulch is to be
                  stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres high
                  with a minimum of 10 metres between edges of heaps.
        10.2.     Disposal for firewood.
        10.3.     Disposal for landscaping purposes.
11.     The applicant is advised that burning off is an unacceptable method of disposal.
12.     Transport to an alternative site for breaking down materials is acceptable provided that all
        necessary permits have been obtained to allow the alternate site to be used for this purpose.
13.     The areas to the north and south of the ground floor deck to the rear of the dwelling shall be
        landscaped garden areas consisting of dense native, endemic species planted in
        accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and
        Guidelines.
14.     Gates shall not be installed along the rear property boundary.
Water Storage
15.     All hot water systems installed shall be either solar, electric heat pump; or gas (LPG or
        natural).
General
16.     The development shall be undertaken and operated in a manner that causes no detrimental
        effect upon the amenity of the neighbourhood due to the creation of excessive noise, lighting
        nuisance, or other emissions.
17.     Buildings and structures (including swimming pools, sheds, or outbuildings) shall not be
        constructed under overhead electricity transmission lines, or within any easements.
18.     External colours and finishes of the building shall comprise of muted/environmental tones
        that blend with the natural environment.
Earthworks
19.     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.
Sediment and Erosion Control
20.     Sediment and erosion control measures shall be in place prior to the building works. 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.

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
table:

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                                                                                      2010/334



Approved Plans
 Plan No.                  Rev.     Plan Name                               Date

 BA - 02                   MCU1     Ground Floor Plan – Beach House         27 March 2010
                                    Architecture

 BA - 03                   MCU1     Upper Floor Plan – Beach House          27 March 2010
                                    Architecture

 BA – 05                   MCU      South & West Elevations – Beach         3 March 2010
                                    House Architecture

 BA – 06                   MCU      North & East Elevations – Beach         3 March 2010
                                    House Architecture

 BA – 07                   MCU      Cross Sections      –   Beach   House   3 March 2010
                                    Architecture


7     PLANS/DOCUMENTS REQUIRING AMENDMENT
Not applicable.

8     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.      You are advised that the site is identified as a Koala Living Area under the Nature
        Conservation (Koala) Conservation Plan 2006 and Management Program 2006-2016 and
        may contain koalas. The use of a Koala Spotter is encouraged in areas where koalas are
        likely to occur, prior to the removal of Angophora, Corymbia, Eucalyptus, Lophostemon and
        Melaleuca species. Further information can be obtained from the Environmental Protection
        Agency at http://www.epa.qld.gov.au or phone (07) 3227 8185.
3.      Prior to the commencement of the development, a plumbing assessment must be obtained
        from Noosa Council’s Plumbing Services Section in accordance with the Plumbing &
        Drainage Act 2002 (as applicable).
4.      For properties located in the catchment area for the Coastal Major Road Network
        Infrastructure Charges Plan, a Building Works application may trigger an Infrastructure
        Charge payable to Council in accordance with the Infrastructure Charges Plan and Chapter
        8 of the “Sustainable Planning Act 2009”.




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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.

9     PROPERTY NOTES
Not applicable.

10    PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.

11    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required            Subject of the required Development Permit
 Development Permit for Building Works          All Building Works

12    SELF ASSESSABLE CODES
The following codes for self-assessable development related to the development approval issued
under this Decision Notice must be complied with.
Detached Driveways Code

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                                                                                     2010/334



13     SUBMISSIONS
Not applicable.

14     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not applicable.
15     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.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part 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 commence again from the start the day after you receive a “negotiated decision
notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing
decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act
2009.)

16     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,




Glen Conforti
Planning Technical Officer

Enc:    Approved Plans
        Appeal Rights




                                                                                   Page 6 of 9

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                                                                                              2010/334



                                                  Appeal Rights
                                                 SUNSTAINABLE PLANNING ACT       2009   &    SUSTAINABLE
                                                 PLANNING REGULATION 2009




The following is an extract from the Sustainable                     (i)  a condition of, or lack of condition
Planning Act 2009 (Chapter 6).                                            for, the approval; or
                                                                    (ii) the length of a period mentioned in
MATERIAL CHANGE OF USE, RECONFIGURING A                                   section 341 for the approval.
LOT & OPERATIONAL WORKS
                                                          (3)    However, a submitter may not appeal if the
Division 8 - Appeals to court relating to                        submitter—
development applications
                                                                 (a) withdraws the submission before the
461     Appeals by applicants                                        application is decided; or
(1)     An applicant for a development application               (b) has given the assessment manager a
        may appeal to the court against any of the                   notice under section 339(1)(b)(ii).
        following-
                                                          (4)    The appeal must be started within 20
        (a) the refusal, or the refusal in part, of a            business days (the submitter’s appeal
           development application;                              period) after the decision notice or
        (b) any condition of a development approval,             negotiated decision notice is given to the
           another matter stated in a development                submitter.
           approval and the identification or inclusion   463   Additional and extended appeal rights for
           of a code under section 242                          submitters for particular development
        (c) the  decision to give a preliminary                 applications
           approval when a development permit was         (1)    This section applies to a development
           applied for;                                          application to which chapter 9, part 7
        (d) the length of a period mentioned in                  applies.
           section 341;;                                  (2)    A submitter of a properly made submission
        (e) a deemed refusal of the development                  for the application may appeal to the court
           application.                                          about a referral agency’s response made by
(2)     An appeal under subsection (1)(a), (b), (c) or           a prescribed concurrence agency for the
        (d) must be started within 20 business days              application.
        (the applicant’s appeal period) after—            (3)    However, the submitter may only appeal
                                                                 against a referral agency’s response to the
        (a) if a decision notice or negotiated decision
                                                                 extent it relates to—
            notice is given—the day the decision
            notice or negotiated decision notice is              (a) if the prescribed concurrence agency is
            given to the applicant; or                               the chief executive (environment)—
        (b) otherwise—the day a decision notice was                  development for an aquacultural ERA; or
            required to be given to the applicant.               (b) if the prescribed concurrence agency is
(3)     An appeal under subsection (1)(e) may be                     the    chief   executive      (fisheries)—
        started at any time after the last day a                     development that is—
        decision on the matter should have been                      (i)  a material change of use of
        made.                                                             premises for aquaculture; or
462     Appeals by submitters - general                              (ii) operational work that is the removal,
                                                                          damage or destruction of a marine
(1)     A submitter for a development application
                                                                          plant
        may appeal to the court only against-
                                                          (4)    Despite section 462(1), the submitter may
        (a) the part of the approval relating to the             appeal against the following matters for the
           assessment manager’s decision about                   application even if the matters relate to code
           any part of the application requiring                 assessment—
           impact assessment under section 314; or
                                                                 (a) a decision about a matter mentioned in
        (b) the part of the approval relating to the                 section 462(2) if it is a decision of the
           assessment manager’s decision under                       chief executive (fisheries);
           section 327.
                                                                 (b) a referral agency’s response mentioned in
(2)     To the extent an appeal may be made under
                                                                     subsection (2).
        subsection (1), the appeal may be against 1
        or more of the following—                         464   Appeals by advice agency submitters
        (a) the giving of a development approval;         (1)    Subsection (2) applies if an advice agency, in
                                                                 its response for an application, told the
        (b) any provision of the approval including—             assessment manager to treat the response
                                                                 as a properly made submission.
                                                                                            Page 7 of 9

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                                                                                          2010/334

(2)   The advice agency may, within the limits of its   (4)    An appeal under subsection (3) may be
      jurisdiction, appeal to the court about—                 started at any time after the last day the
      (a) any part of the approval relating to the             decision on the matter should have been
         assessment manager’s decision about                   made.
         any part of the application requiring          467    Appeals about changing or cancelling
         impact assessment under section 314; or               conditions imposed by assessment
      (b) any part of the approval relating to the             manager or concurrence agency
          assessment manager’s decision under           (1)    A person to whom a notice under section
          section 327                                          378(9)(b) giving a decision to change or
(3)   The appeal must be started within 20                     cancel a condition of a development approval
      business days after the day the decision                 has been given may appeal to the court
      notice or negotiated decision notice is given            against the decision in the notice.
      to the advice agency as a submitter.              (2)    The appeal must be started within 20
(4)   However, if the advice agency has given the              business days after the day the notice of the
      assessment manager a notice under section                decision is given to the person.
      339(1)(b)(ii), the advice agency may not          For Building Works Only
      appeal the decision.                              532    Appeals by applicants
465   Appeals about decisions          relating   to    (1)    If—
      extensions for approvals
                                                               (a) a person has been given, or is entitled to
(1)   For a development approval given for a                      be given—
      development application, a person to whom a
      notice is given under section 389, other than                (i)       an information notice under the
      a notice for a decision under section 386(2),                          Building Act about a decision
      may appeal to the court against the decision                           other than a decision under
      in the notice.                                                         that Act made by the
                                                                             Queensland Building Services
(2)   The appeal must be started within 20                                   Authority; or
      business days after the day the notice of the
      decision is given to the person.                             (ii)      an information notice under the
                                                                             Plumbing and Drainage Act
(3)   Also, a person who has made a request                                  2002 about a decision under
      under section 383 may appeal to the court                              part 4 or 5 of that Act; or
      against a deemed refusal of the request
                                                               (b) a person—
(4)   An appeal under subsection (3) may be
      started at any time after the last day the                   (i)       was an applicant for a building
      decision on the matter should have been                                development approval; and r
      made.                                                        (ii)      is dissatisfied with a decision
                                                                             under the Building Act by a
466   Appeals about decisions          relating   to
                                                                             building certifier or referral
      permissible changes)
                                                                             agency about inspection of
(1)   For a development approval given for a                                 building work the subject of the
      development application, the following                                 approval; the person may
      persons may appeal to the court against a                              appeal against the decision to
      decision on a request to make a permissible                            a building and development
      change to the approval—                                                committee.
      (a) if the responsible entity for making the      (2)    An appeal under subsection (1) must be
         change is the assessment manager for                  started within 20 business days after the day
         the application—                                      the person is given notice of the decision.
         (i)   the person who made the request;         (3)    If—
               or                                              (a) under the Building Act, a person makes
         (ii) an entity that gave a notice under                   an application other than a building
               section 373 or a pre-request                        development application to a local
               response notice about the request                   government; and
      (b) if the responsible entity for making the             (b) the period required under that Act for the
          change is a concurrence agency for the                   local government to decide the
          application—the person who made the                      application (the decision period) has
          request..                                                passed; and
(2)   The appeal must be started within 20                     (c) the local government has not decided
      business days after the day the person is                    the application; the person may appeal
      given notice of the decision on the request                  to a building and development
      under section 376.                                           committee against the lack of the
(3)   Also, a person who has made a request                        decision and for the committee to decide
      under section 369 may appeal to the court                    the application as if it were the local
      against a deemed refusal of the request.                     government.



                                                                                       Page 8 of 9

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                                                        2010/334

(4)   An appeal under subsection (3) must be
      started within 20 business days after the end
      of the decision period..




                                                      Page 9 of 9

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