Decision Notice - 010.2007.00002277.001 [As Published] · 142007.2277

Page 2

NOOSA COUNCIL IDAS Development Application Decision Notice                                               2 of 6

10.    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                 Subject of the required Development Permit
 Nil

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                              Date:       20 February 2008




MSOffice c:\docume~1\shesse\locals~1\temp\bcl technologies\easypdf 5\@bcl@ec12aa88\@[email protected]

Page 3

NOOSA COUNCIL IDAS Development Application Decision Notice                                                   3 of 6




                                     Noosa Council Conditions
                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION



Landscaping

1.     The site is to be developed in accordance with the approved Plans titled and numbered Landscape for
       Operational Works, Overall Layout –LGFD1227 LA01 01 of 02 Issue E, Schedules, Spec & Details LGFD
       1227 LA02 02 of 02 Issue E, prepared by LandGraphics and dated Oct 2007 and as may be amended by
       these conditions.

2.     The following trees and shrubs shall be replaced with the following species as identified by PSP3
       Landscaping and Planting Guidelines and as indicated on the approved plans:-

              Carpentaria acuminata replaced with Allocasuarina equestifolia;

              Eugenia reinwardtiana replaced with Banksia robur; and

              Tecomanthe hillii replaced with Hibbertia scandons.

3.     All manholes, inspection pits and grates are to be raised to finish surface level and kept free of cover and
       be visible at all times to ensure prompt access in case of emergency.

4.     All native plant species located in group plantings shall not be subjected to any hedging maintenance
       regimes.

5.     All street trees and internal trees 45 litre and greater must be securely tied and staked to assist their
       growth during the establishment period.

6.     The density of planting must achieve the set out requirements as detailed on the approved landscape
       plan.

7.     Plants shall be grouped in mulched beds rather than planted individually to provide for optimum growing
       conditions and less maintenance.

8.     Prior to commencement of earthworks and removal of trees, all existing trees nominated for retention on
       the approved Council plans must be cordoned off with protective barricade fencing to prevent impact from
       all future construction works.

9.     All target or hazard pruning required on trees to be retained must be carried out by a qualified
       experienced arborist.

10.    The applicant must ensure that all landscaping treatment does not unduly restrict/prevent access to
       service meters within the site.

11.    This Development Permit lapses if the development has not happened by 19 February 2010 unless
       application to extend the currency is approved by Council.




MSOffice c:\docume~1\shesse\locals~1\temp\bcl technologies\easypdf 5\@bcl@ec12aa88\@[email protected]

Page 4

NOOSA COUNCIL IDAS Development Application Decision Notice                                                     4 of 6



                                      Local Laws, Policies & State
                                      Regulation Requirements
                                      INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


     THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM
                             CONDITIONS OF APPROVAL

1.    Should any changes or modifications to the approved plans be required as a result of construction
      constraints, a Change to an Existing Approval Application under the Integrated Planning Act must be made.
      Amended plans clearly indicating the changes must be lodged with this application along with the
      appropriate fees.

2.    The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No.
      12, prevents a builder or building contractor carrying out building work on a building site in a way that makes
      or causes audible noise to be made from the building work:-

      2.1. On a Sunday or public holiday, at any time; or

      2.2. On a Saturday or a business day, before 7.00am or after 6.30pm.

      A maximum penalty of $1,500 applies to an offence under this legislation.

3.    Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of
      operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In
      accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the
      Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the
      requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational
      works must be submitted to Council prior to the commencement of any works over the site.




MSOffice c:\docume~1\shesse\locals~1\temp\bcl technologies\easypdf 5\@bcl@ec12aa88\@[email protected]

Page 5

NOOSA COUNCIL IDAS Development Application Decision Notice                                                           5 of 6



                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

   The following is an extract from the Integrated                           (6) If an application involves assessment against
   Planning Act (Chapter 4).                                              a concurrence agency code, appeal rights for
                                                                          submitters for the application are not available
   Division 8 - Appeals to                   court      relating     to
                                                                          against the part of the approval that represents the
   development applications
                                                                          concurrence agency’s 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
   may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
   (a) the refusal, or the refusal                 in   part,   of   a    a development approval for a development
       development application;                                           application if-
   (b) a matter stated in a development approval,                         (a) the development application involves impact
       including any condition applying to the                                assessment; and
       development, and the identification of a code                      (b) the advice agency told the applicant and the
                            1
       under section 3.1.6;                                                   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 currency 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                   Appeals for matters arising after approval given
   be started within 20 business days (the “applicant’s                   (co-respondents)
   appeal 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
       (3) An appeal under subsection (1)(e) may be                       the following notices have been given may appeal to
   started at any time after the last day a decision on the               the court against the decision in the notice-
   matter should have been made.
                                                                          (a) a notice giving a decision on a request for
   Appeals by submitters                                                      extension of the currency period for an approval;
   4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
   may appeal to the court about-                                             minor change to an approval.
   (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
       any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
       provisions of the approval; or                                     to the person.
   (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
       (2) The appeal must be started within 20 business                  approval resulted from a development application
                                                                          (superseded planning scheme) that was assessed as
   days (the “submitters appeal period”) after the day
                                                                          if it were an application under a superseded planning
   the decision notice or negotiated decision notice is
                                                                          scheme.
   given to 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
      (4) If an application involves both impact
                                                                          started at any time after the last day the decision on
   assessment and code assessment, appeal rights for
                                                                          the matter should have been made.
   submitters are 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                        (no co-respondents)
   application are available only for the aspects of the
   development that would have required public                            4.1.31.(1) A person to whom any of the following
   notification under the repealed Act.                                   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
                                                                              or cancel a condition of a development approval.
   1
        Section 3.1.6 (Preliminary approval may override local planning
       instrument)



MSOffice c:\docume~1\shesse\locals~1\temp\bcl technologies\easypdf 5\@bcl@ec12aa88\@[email protected]

Page 6

NOOSA COUNCIL IDAS Development Application Decision Notice                                             6 of 6

                                      2
(b) a notice under section 6.1.44 giving a decision to
    change or cancel a condition of a development
    approval.
    (2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
   (3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
    (4) An appeal under subsection (3) may be
started at any time after the last day the decision on
the matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(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.




2
     Section 6.1.44 (Conditions may be changed or cancelled by
    assessment manager or concurrence agency in certain
    circumstances)




MSOffice c:\docume~1\shesse\locals~1\temp\bcl technologies\easypdf 5\@bcl@ec12aa88\@[email protected]