Council archive · source document
SUPERSEDED Negotiated Decision Notice - 010.2008.00000256.001 [As Published] · 142008.256
Officer: Daniel Smith
Direct Telephone: (07) 5449 5106
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/256
Your Reference:
22 July 2008
Viridian Noosa Pty Ltd
PO Box 2360
NOOSA HEADS QLD 4567
Dear Madam
Negotiated Decision Notice
Integrated Planning Act 1997
I refer to your application and the representations you made in respect to the Decision Notice. On 22
July 2008 Council decided your representations.
Details of the negotiated decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/256
Street address: 5 Morwong Drive, Noosa Heads
Real property Lot 888 SP 186498, Lot 1 SP 209133, & Lot 889 SP 203086
description:
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 24 June 2008 decided to issue the following type of approval: -
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
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
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 numbered, titled and dated:
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2008/256
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
L-SF-218 OP1 Surface Finishes – EDAW 12 Feb 2008
L-PP-401 OP1 Planting Plan – EDAW 12 Feb 2008
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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
L-DT-905 OP1 Details – EDAW 12 Feb 2008
L-DT-906 OP1 Details – EDAW 12 Feb 2008
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L-DT-907 OP1 Details – EDAW 12 Feb 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.
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.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
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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 / 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
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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
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
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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
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.
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.
8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Subject of the required Development Permit
required
Nil
11 SELF ASSESSABLE CODES
Not applicable
12 SUBMISSIONS
Not applicable
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13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
14 RIGHTS OF APPEAL
You have continuing appeal rights in respect of Council’s decision on your application. Refer Section
4.1.27. of the Integrated Planning Act 1997.
15 OTHER DETAILS
Should you wish to obtain more information about Council’s decision, electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
DECISION NOTICE HISTORY
Original Decision Notice issued 24 June 2008.
Negotiated Decision Notice issued 22 July
2008 with amendment to Condition 4.
Yours faithfully,
Daniel Smith
ASSISTANT PLANNING OFFICER
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (5) If an application is processed under section
Planning Act (Chapter 4). 6.1.28(2), appeal rights for submitters for the
application are available only for the aspects of the
Division 8 - Appeals to court relating to development that would have required public
development applications notification under the repealed Act.
Appeals by applicants (6) If an application involves assessment against a
4.1.27.(1) An applicant for a development application concurrence agency code, appeal rights for
may appeal to the court against any of the following- submitters for the application are not available against
(a) the refusal, or the refusal in part, of a development the part of the approval that represents the
application; concurrence agency’s response for the code.
(b) a matter stated in a development approval, Appeals by advice agency submitters
including any condition applying to the 4.1.29.(1) An advice agency may, within the limits of
development, and the identification of a code its jurisdiction, appeal to the court about the giving of
1
under section 3.1.6; a development approval for a development
(c) the decision to give a preliminary approval when a application if-
development permit was applied for; (a) the development application involves impact
(d) the length of a currency period; assessment; and
(e) a deemed refusal. (b) the advice agency told the applicant and the
assessment manager to treat its response to the
(2) An appeal under subsection (1)(a) to (d) must application as a submission for an appeal.
be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or (2) The appeal must be started within 20 business
negotiated decision notice is given to the applicant. days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(3) An appeal under subsection (1)(e) may be submitter.
started at any time after the last day a decision on the
matter should have been made. Appeals for matters arising after approval given
(co-respondents)
Appeals by submitters
4.1.30.(1) For a development approval given for a
4.1.28.(1) A submitter for a development application development application, a person to whom any of the
may appeal to the court about- following notices have been given may appeal to the
(a) the giving of a development approval, including court against the decision in the notice-
any conditions (or lack of conditions) or other (a) a notice giving a decision on a request for
provisions of the approval; or extension of the currency period for an approval;
(b) the length of a currency period for the approval. (b) a notice giving a decision on a request to make a
(2) The appeal must be started within 20 business minor change to an approval.
days (the “submitters appeal period”) after the day (2) The appeal must be started within 20 business
the decision notice or negotiated decision notice is days after the day the notice of the decision is given
given to the submitter. to the person.
(3) If a person withdraws a submission before the (3) Subsection (1)(a) does not apply if the
application is decided, the person may not appeal the approval resulted from a development application
decision. (superseded planning scheme) that was assessed as
(4) If an application involves both impact if it were an application under a superseded planning
assessment and code assessment, appeal rights for scheme.
submitters are available only for the part of the (4) Also, a person who has made a request
application involving impact assessment. mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.
(5) An appeal under subsection (4) may be started
1 at any time after the last day the decision on the
Section 3.1.6 (Preliminary approval may override local matter should have been made.
planning instrument)
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Division 9 - Appeals to court about other matters Appeals by applicants
Appeals for matters arising after approval given 4.2.9(1) An applicant for a development application
(no co-respondents) may appeal to the Building and Development Tribunal
4.1.31.(1) A person to whom any of the following against any of the following-
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 (a) the refusal, or the refusal in part, of a development
or cancel a condition of a development approval. application;
2
(b) a notice under section 6.1.44 giving a decision to
change or cancel a condition of a development (b) a matter stated in a development approval,
approval. including any condition applying to the
(2) The appeal must be started within 20 business development, and the identification of a code
3
days after the day the notice of the decision is under section 3.1.6;
given to the person. (c) the decision to give a preliminary approval when a
(3) Also, a person who has made a request development permit was applied for;
mentioned in subsection (1)(a) may appeal to (d) the length of a period mentioned in section 3.5.21
the court against a deemed refusal of the currency period;
request.
(e) a deemed refusal.
(4) An appeal under subsection (3) may be started
(2) An appeal under subsection (1)(a) to (d) must
at any time after the last day the decision on
be started within 20 business days (the “applicant’s
the matter should have been made.
appeal period”) after the day the decision notice or
Appeals against decisions to change approval negotiated decision notice is given to the applicant.
conditions under the repealed Act
(3) An appeal under subsection (1)(e) may be
4.1.33A.(1) A person who is dissatisfied with a started at any time after the last day a decision on the
decision made on an application to change the matter should have been made.
conditions attached to an approval given under
The Registrar for the Building and Development
section 2.19(3)or section 4.4 of the repealed Act may
Tribunal may be contacted at the website
appeal to the court against-
http://www.localgovernment.qld.gov.au/
(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.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to
development applications
2
Section 6.1.44 (Conditions may be changed or cancelled 3
by assessment manager or concurrence agency in certain Section 3.1.6 (Preliminary approval may override local
circumstances) planning instrument)
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