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SPA Decision Notice [As Published] · 142010.431

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                                                 Officer:          Mark Lewis
                                                 Direct Telephone: (07) 5449 5176
                                                 Response Address: Locked Bag 72
                                                                   Sunshine Coast Mail Centre QLD 4560
                                                 Email:            [email protected]
                                                 Our Reference:    2010/431
                                                 Your Reference:
19 May 2010

Viridian Noosa Pty Ltd
PO Box 2360
NOOSA HEADS QLD 4567



Dear Sir/Madam

                                        Decision Notice
                                    Sustainable Planning Act 2009

I refer to your application and advise that on 14 May 2010 Council decided to approve the application
subject to conditions.
Details of the decision are as follows:

1        APPLICATION DETAILS

    Application No:                    2010/431
    Street address:                    5 Morwong Drive, Noosa Heads
    Real property description:         Lot 903 SP 221527
    Planning Scheme:                   The Noosa Plan

2        DECISION DETAILS
The following type of approval has been issued:
        Development Permit for Operational Works - Vehicle Turn in

3        RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 2 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
1.       The development must be carried out in accordance with the approved plans listed below or
         as modified herein.
2.       The area of the access driveway required for vehicle manoeuvring indicated on drawing 10511
         SK2A prepared by TOD Consulting Engineers dated 23 March 2010 shall be linemarked.
3.       All necessary signage shall be maintained to be clearly visible at all times.
4.       All elements of the turning area, including pavements, retaining walls, paths, barriers and
         signage shall be maintained by Viridian Noosa Pty Ltd or subsequent owners of Lot 903 on
         SP221527.

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Full text of the other 7 pages

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5.    Any modifications to the elements of the turning area, including pavements, retaining walls,
      paths, barriers and signage shall be undertaken by Viridian Noosa Pty Ltd or subsequent
      owners of Lot 903 on SP221527 at no cost to Council.
6.    Council requires indemnification for the turning area and associated elements located in the
      access driveway to Halse Lodge from Little Hastings Street prior to the commencement of the
      use. In this regard the applicant shall:
      6.1.    indemnify Council against all repair and maintenance to the turning area and
              associated elements and maintenance to the immediate surrounds
      6.2.    indemnify Council against all, losses, liabilities, claims, or causes of action for injuries
              or damages to any person or property arising out of or in any way related to the use of
              the turning area and associated elements.
7.    Council standards shall apply to these works unless otherwise modified herein.
8.    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 Chief Executive Officer, Sunshine Coast Regional Council, and shall
      forthwith rectify the damage to that property or facility at its cost and to the satisfaction of the
      Chief Executive Officer, Sunshine Coast Regional Council.
      All rectification works are to be completed prior to the commencement of the use.
      In the case of any emergency 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.
9.    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.
10.   All signage, including that for safety during construction shall be in accordance with the
      Manual of Uniform Traffic Control Devices and Transport Infrastructure (Roads) Act.
11.   Safe pedestrian access on Morwong Drive and Little Hastings Street in the vicinity of the
      development 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.
      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.
Viewland Drive Signage
12.   The illuminated Viewland Drive entrance statement sign shall have a maximum luminance of
      300cd/m², shall not incorporate flashing lights and shall be switched off between 11:00pm and
      sunset of the following day.
13.   The Viewland Drive access times sign shall not be illuminated.




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                                                                                           2010/431




Morwong Drive Signage
14.   Resort access times and access arrangement details shall be incorporated into the entrance
      statement sign at the head of the Morwong Drive Cul-de-sac as per approved plan SK-AR-
      LAND-48/3.
15.   The entrance statement sign at the head of Morwong Drive Cul-de-sac shall be 12 volt. In this
      regard, any electrical apparatus/ device used in the reduction from 240 volt to 12 volt shall be
      contained within the property boundary.
16.   Council requires indemnification for the entrance statement sign located in the road reserve at
      the head of the Morwong Drive Cul-de-sac prior to the commencement of the Use. In this
      regard the applicant shall:
      16.1.   indemnify Council against all repair and maintenance to the sign and maintenance to
              the immediate surrounds
      16.2.   indemnify Council against all, losses, liabilities, claims, or causes of action for injuries
              or damages to any person or property arising out of or in any way related to the sign.
General
17.   These works are also to be in compliance with the relevant conditions of Development Permit
      No. 2006/0823.
18.   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.

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:
Approved Plans
 Plan No.                 Rev.     Plan Name                                    Date
 SK-AR-Land - 48                                                                5 May 2010
                                   Viewland Drive Access Hours Signage
                                   Location – JMA Architects QLD
 SK-AR-Land - 48/2                 Morwong Drive Existing Signage               5 May 2010
                                   Location – JMA Architects QLD
 SK-AR-Land - 48/3                                                              5 May 2010
                                   Artwork Proof Morwong Drive – Sunrise
                                   Designs
 10511 SK2                A                                                     23 March 2010
                                   Turning Area Plan – Line Marking –
                                   TOD Consulting Engineers.
 10511 SK2                B                                                     12 April 2010
                                   Turning Area Plan – TOD Consulting
                                   Engineers.
 10511 SK3                B                                                     12 April 2010
                                   Turning Area Plan – Clearance
                                   Diagram – TOD Consulting Engineers.



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                                                                                            2010/431



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.      Council has undertaken an audit check of the Operational Works drawings in relation to the
        proposed works. A detailed check of calculations and drawings has not been undertaken, as
        they have been certified by an RPEQ. The RPEQ bears full responsibility for all aspects of
        the engineering design. Council reserves the right to require further amendments and/or
        additions at a later date, should design errors become apparent.
2.      Should any changes or modifications to the approved plans be required as a result of
        construction constraints, a “Request to change an existing approval” must be made.
        Amended plans clearly indicating the changes must be lodged with this application along
        with the appropriate fees.
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
 Not applicable

12    SELF ASSESSABLE CODES
Not applicable

13    SUBMISSIONS

Not applicable




                                                                                         Page 4 of 8

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                                                                                     2010/431




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,




MARK LEWIS
SENIOR ENGINEERING OFFICER – CIVIL ENGINEERING
OPERATIONAL WORKS ASSESSMENT



Enc:    Approved Plans
        Appeal Rights




                                                                                   Page 5 of 8

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                                                                                              2010/431



                                                  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.
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                                                                                          2010/431

(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 7 of 8

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                                                        2010/431

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




                                                      Page 8 of 8

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