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SUPERSEDED Negotiated Decision Notice - 010.2008.00000256.001 [As Published] · 142008.256

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                                              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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Full text of the other 9 pages

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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

                                                    2 of 10

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                                                                  2008/256



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

                                                                   3 of 10

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                                                                                          2008/256



       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:
                                                                                           4 of 10

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                                                                                 2008/256



 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


                                                                                   5 of 10

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                                                                  2008/256



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

                                                                   6 of 10

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                                                                                            2008/256



       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


                                                                                             7 of 10

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                                                                                      2008/256



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




                                                                                        8 of 10

Page 9

                                                                                                  2008/256


                                                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)
                                                                                                    9 of 10

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                                                                                             2008/256



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)
                                                                                               10 of 10

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