Council archive · source document
Decision Notice - Change to an Existing Approval - 010.2008.00000256.002 [As Published] · 142008.256.02
Officer: Conor Neville
Direct Telephone: (07) 5449 5108
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/256
Your Reference:
11 December 2008
Viridian Noosa Pty Ltd
PO Box 2360
NOOSA HEADS QLD 4567
Dear Sir
Change to an Existing Approval
Integrated Planning Act 1997
I refer to your request to make a change to an existing approval. On 10 December 2008 Council
decided your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 2008/256
Street address: 5 Morwong Drive, Noosa Heads
Real property description: Lot 888 SP 186498, Lot 1 SP 209133 & Lot 889 SP 203086
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 24 June 2008 decided to issue the following type of approval:-
Development Permit for Operational Works - Landscaping
In relation to representations, Council on 22 July 2008 decided to:
A. Agree to change Condition 4
B. Issue a Negotiated Decision Notice
In relation to the request to make a change to the existing approval, Council on 10 December 2008
decided to:
A. Approve a change to Condition 1
B. Include seven additional conditions
C. Issue a Change to an Existing Approval
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
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2008/256
4 ASSESSMENT MANAGER CONDITIONS
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: -
Plan / Rev. Plan / Document Name Date
Document
No.
L-LE-002 OP1 Legend - EDAW 12 Feb 2008
L-LE-003 OP1 Planting Schedule – EDAW 12 Feb 2008
L-TR-101 OP1 Tree Retention Plan – EDAW 12 Feb 2008
L-TR-102 OP1 Tree Retention Plan – EDAW 12 Feb 2008
L-TR-103 OP1 Tree Retention Plan – EDAW 12 Feb 2008
L-SF-201 OP1 Surface Finishes - EDAW 12 Feb 2008
L-SF-202 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-203 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-204 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-205 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-206 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-207 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-208 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-209 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-210 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-211 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-212 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-213 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-214 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-215 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-216 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-217 OP1 Surface Finishes – EDAW 12 Feb 2008
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2008/256
L-SF-218 OP1 Surface Finishes – EDAW 12 Feb 2008
L-PP-401 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-402 OP1 Planting Plan - EDAW 12 Feb 2008
L-PP-403 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-404 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-405 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-406 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-407 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-408 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-409 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-410 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-411 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-412 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-413 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-414 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-415 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-416 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-417 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-418 OP1 Planting Plan - EDAW 12 Feb 2008
L-SFP-701 OP1 Roof Water Runoff Stabilisation Plan – EDAW 12 Feb 2008
L-SFP-702 OP1 Roof Water Runoff Stabilisation Plan – EDAW 12 Feb 2008
L-SFP-703 OP1 Roof Water Runoff Stabilisation Plan – EDAW 12 Feb 2008
L-DT-901 OP1 Details – EDAW 12 Feb 2008
L-DT-902 OP1 Details – EDAW 12 Feb 2008
L-DT-903 OP1 Details – EDAW 12 Feb 2008
L-DT-904 OP1 Details – EDAW 12 Feb 2008
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2008/256
L-DT-905 OP1 Details – EDAW 12 Feb 2008
L-DT-906 OP1 Details – EDAW 12 Feb 2008
L-DT-907 OP1 Details – EDAW 12 Feb 2008
WD 01 A (Viewland Drive -Truck and Vehicle turning 01 Oct 2008
detail)
WD 02 A (Veiwland Drive – Hard landscaping detail) 21 Oct 2008
WS 01 A Viewland Drive – Landscape Concept Plan 22 Oct 2008
2. All manholes, inspection pits and grates are to be raised to finished surface levels and kept
free of cover and be visible at all times to ensure prompt access in case of emergency.
3. All trees must be planted a minimum distance of 1 metre from all services. All koala food and
habitat trees must have any trenches located a minimum of 1.5m from the tree trunk, with
trenches within 4m of the tree trunk to be on one side of the tree only; tree roots greater than
100mm diameter will generally not be cut but will be protected by tunnelling or bridging, and
tree roots less than 100mm diameter will be cut cleanly and appropriately treated.
4. Retaining walls are to be finished in accordance with the approved Landscape Management
report.
5. Any retaining wall not forming part of the pool or building and greater than 800mm in height
(excluding crib walls) must have timber posts installed at 10 m intervals with a diameter
greater than 200mm for koala access, or retaining walls must have modest slope and suitable
textures to facilitate climbing by koalas.
6. Any unfenced pools must have a rope installed for koalas to exit the pool.
7. Work required on and around existing trees is to be supervised and instructed under the
guidance of a suitably qualified arborist. Prior to the felling or lopping of trees in construction
work areas a qualified fauna spotter is to assess the trees for the presence of fauna, and
recommend appropriate action.
8. Protection of trees is to be carried out during building work. Trees to be retained on sites are
to be isolated with orange safety mesh around the tree’s canopy ‘drip line’, or generally to a
minimum distance of 1.5m from the trunk where this is not practically possible. No earth is to
be deposited around the base of any tree.
9. The relevant requirements of the Flora and Fauna Implementation Management Plan and the
Koala Implementation Management Plan must be complied with at all times.
10. The landscaping construction must be implemented in accordance with horticultural industry
best practices.
11. The development of the site shall be carried out in such a manner as to prevent dust and/or
sand nuisance to residents in the vicinity of the development.
12. 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.
13. 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.
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2008/256
14. The requirements of this development approval are to be effected, prior to the use of the
relevant premises. Council reserves the right to call upon the bond or guaranteed sum
applicable to the overall site to effect compliance with conditions.
15. This Development Permit lapses if the development has not happened by 24 June 2010,
unless application to extend the currency is approved by Council.
Additional Conditions – Viewland Drive Entrance
16. Sight line requirements of AS 2890.1 section 3.2.4 are to be adhered to with respect to
pedestrian safety and for vehicles leaving the site into Viewland Drive.
17. The “ existing path extended” along Viewland Drive, as shown on the submitted drawings
WD01 Rev A dated 1/10/08 and WD02 Rev A dated 21/10/08 shall be a minimum of 1.2
meters wide, not 0.9 meters.
18. The Fire Wall to the residential property on 33 Viewland Drive shall not exceed 2 meters in
height from natural ground level and shall meet the requirements of AS1596:2008 – Storage
and Handling of LPG.
19. Additional 8 x 45 litre Callitris columellaris (Bribie Island Pines) are to be planted on the site to
offset the removal of the trees for the Viewland drive access. A plan is to be submitted to
Council showing the locations of the additional trees.
20. All other vegetation shall be protected from interference resulting from clearing or construction
activities by:
A. Clearly marking vegetation to be retained with flagging tape;
B. Installing protective fencing around the drip line of the vegetation;
C. Stockpiling, storage and vehicle parking occurs in already cleared areas and does
not cause interference with vegetation; and
21. Low impact construction techniques are used around vegetation to minimise interference with
the vegetation.
22. The landscaping construction must be implemented in accordance with horticultural industry
best practices and in accordance with Planning Scheme Policy 3 Landscaping Plants and
Guidelines.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document Rev. Plan / Document Name Date
No.
L-LE-002 OP1 Legend - EDAW 12 Feb 2008
L-LE-003 OP1 Planting Schedule – EDAW 12 Feb 2008
L-TR-101 OP1 Tree Retention Plan – EDAW 12 Feb 2008
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2008/256
L-TR-102 OP1 Tree Retention Plan – EDAW 12 Feb 2008
L-TR-103 OP1 Tree Retention Plan – EDAW 12 Feb 2008
L-SF-201 OP1 Surface Finishes - EDAW 12 Feb 2008
L-SF-202 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-203 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-204 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-205 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-206 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-207 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-208 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-209 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-210 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-211 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-212 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-213 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-214 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-215 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-216 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-217 OP1 Surface Finishes – EDAW 12 Feb 2008
L-SF-218 OP1 Surface Finishes – EDAW 12 Feb 2008
L-PP-401 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-402 OP1 Planting Plan - EDAW 12 Feb 2008
L-PP-403 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-404 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-405 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-406 OP1 Planting Plan – EDAW 12 Feb 2008
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L-PP-407 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-408 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-409 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-410 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-411 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-412 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-413 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-414 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-415 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-416 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-417 OP1 Planting Plan – EDAW 12 Feb 2008
L-PP-418 OP1 Planting Plan - EDAW 12 Feb 2008
L-SFP-701 OP1 Roof Water Runoff Stabilisation Plan – EDAW 12 Feb 2008
L-SFP-702 OP1 Roof Water Runoff Stabilisation Plan – EDAW 12 Feb 2008
L-SFP-703 OP1 Roof Water Runoff Stabilisation Plan – EDAW 12 Feb 2008
L-DT-901 OP1 Details – EDAW 12 Feb 2008
L-DT-902 OP1 Details – EDAW 12 Feb 2008
L-DT-903 OP1 Details – EDAW 12 Feb 2008
L-DT-904 OP1 Details – EDAW 12 Feb 2008
L-DT-905 OP1 Details – EDAW 12 Feb 2008
L-DT-906 OP1 Details – EDAW 12 Feb 2008
L-DT-907 OP1 Details – EDAW 12 Feb 2008
WD 01 A (Viewland Drive -Truck and Vehicle turning 01 Oct 2008
detail)
WD 02 A (Veiwland Drive – Hard landscaping detail) 21 Oct 2008
WS 01 A Viewland Drive – Landscape Concept Plan 22 Oct 2008
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7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
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 (ACH Act).
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 ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Nil
11 SELF ASSESSABLE CODES
Not applicable
12 SUBMISSIONS
Not applicable
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
15 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.
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DECISION NOTICE HISTORY
Original Decision Notice issued 24 June 2008.
Negotiated Decision Notice issued 22 July
2008 with amendment to Condition 4.
Change to an Existing Approval issued 10
December 2008 with amendment to Condition
1 and inclusion of seven additional conditions.
Yours faithfully,
Kerri Coyle
MANAGER – LAND USE
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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 the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications 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 its
may appeal to the court against any of the following- jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application if-
application; (a) the development application involves impact
(b) a matter stated in a development approval, including assessment; and
any condition applying to the development, and the (b) the advice agency told the applicant and the
identification of a code 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 relevant 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 be Appeals for matters arising after approval given
started within 20 business days (the “applicant’s appeal
(co-respondents)
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 started
following notices have been given may appeal to the
at any time after the last day a decision on the matter
court against the decision in the notice-
should have been made.
(a) a notice giving a decision on a request for extension
Appeals by submitters
of the relevanrt period for an approval;
4.1.28.(1) A submitter for a development application may
(b) a notice giving a decision on a request to make a
appeal to the court about-
minor change to an approval.
(a) the giving of a development approval, including any
(2) The appeal must be started within 20 business
conditions (or lack of conditions) or other provisions
days after the day the notice of the decision is given to
of the approval; or
the person.
(b) the length of a relevant period for the approval.
(3) Subsection (1)(a) does not apply if the approval
(2) The appeal must be started within 20 business resulted from a development application (superseded
days (the “submitters appeal period”) after the day the planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to application under a superseded planning scheme.
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 at
(4) If an application involves both impact assessment any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are should have been made.
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 application (no co-respondents)
are available only for the aspects of the development that 4.1.31.(1) A person to whom any of the following notices
would have required public notification under the have been given may appeal to the court against the
repealed Act. 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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2008/256
(b) a notice under section 6.1.442 giving a decision to (c) the decision to give a preliminary approval when a
change or cancel a condition of a development development permit was applied for;
approval. (d) the length of a period mentioned in section 3.5.21
(2) The appeal must be started within 20 business relevant period;
days after the day the notice of the decision is (e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
(3) Also, a person who has made a request started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the period”) after the day the decision notice or negotiated
court against a deemed refusal of the request. decision notice is given to the applicant.
(4) An appeal under subsection (3) may be started at (3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the at any time after the last day a decision on the matter
matter should have been made. should have been made.
Appeals against decisions to change approval conditions The Registrar for the Building and Development
under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(a) the decision; or (1) This section applies to a person who has been
(b) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the
(a) whether a charge in the notice is so unreasonable
decision or the conditions applied. that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the have imposed it; or
applicant.
(b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to charges schedule or regulated State infrastructure
development applications charges schedule.
Appeals by applicants
4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval, including
any condition applying to the development, and the
identification of a code under section 3.1.6;3
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override local
planning instrument)
Page 11 of 11
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