Decision Letter - Change to an Existing Approval - 010.2008.00000529.001 [As Published] · 142008.529

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2.    Copies of the approved plans, duly signed by the consultant Registered Professional Engineer
      of Queensland (RPEQ) shall be provided to Council’s Construction Technical Officer at the
      “pre start” meeting.
3.    A registered easement 0.5m wide x 11.15m long, in favour of Sunshine Coast Regional
      Council, shall be created within the subject property along the “11.15m” long western
      boundary of that property. The purpose of this easement is to permit any stormwater runoff
      from the “Little Cove Road” road reserve to be discharged onto the subject property.
4.    Construction works within the development site, particularly the driveway construction, shall
      not cause any increase in stormwater runoff onto the adjoining residential properties.
5.    All landscaping is to be constructed in accordance with Council’s Planning Scheme Policy
      PSP03 Landscaping Plants and Guidelines.
6.    Suitable root barriers shall be installed where proposed trees are adjacent to paths, pavement,
      etc, in accordance with Council’s Planning Scheme Policy PSP03 Landscaping Plants and
      Guidelines. Further, driveway construction within the drip zone of any existing tree shall
      be designed as a pervious pavement, such as grass paving cells or similar.
7.    Delete.
8.    Council’s Construction Technical Officer (ph 0410 512 505) shall be given seven (7) days’
      notice of intention to commence works to arrange the “pre start” meeting prior to the
      commencement of works.
9.    The principal contractor must have all the appropriate insurance and public liability
      documentation to carry out the works. The principal contractor is also responsible to ensure
      that any sub contractors also have the appropriate insurance and public liability
      documentation.
10.   Prior to the “pre start” meeting, the principal contractor must be provided with a copy
      of Council’s signed approved drawings and conditions by the applicant.
11.   The Consulting Engineers for the project shall be currently Registered Professional Engineers
      of Queensland (RPEQ).           The consulting engineers are responsible for arranging all
      inspections with Council’s Construction Technical Officer or nominated staff. Council’s
      Construction Technical Officer shall provide an inspection form for signing off by the Engineer
      at appropriate stages of construction, during on-site meetings. The Construction Technical
      Officer will also sign the form at each stage when requested conditions have been satisfied.
12.   Prior to works commencing, Council is to be advised of the Engineer (RPEQ) supervising the
      project. (This person will be the contact for the project).
13.   Council standards shall apply to these works unless otherwise modified herein.
14.   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 Manager Land Development and shall forthwith rectify the damage to that
      property or facility at its cost and to the satisfaction of the Manager Land Development.
      All rectification works are to be completed prior to the sealing of the survey plan or,
      alternatively, the Applicant may request Council to carry out the rectification work at the
      Applicant’s cost, such cost being paid by the Applicant to Council prior to the sealing of the
      survey plan.
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      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 sealing of the survey plan.
15.   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.
16.   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.
17.   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.
18.   Safe pedestrian access on Little Cove Road in the vicinity of the development shall be
      maintained at all times. If footpath / road closures are necessary to carry out construction
      works, Council’s Construction Technical Officer (ph 0410 512 505) must be notified prior to the
      proposed closure.
19.   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. Although the sediment and erosion control
      measures have been approved on SCG’s drawing No. 17268-OW1, Council’s Manager, Land
      Development, may request further controls to be installed should approved measures be
      inefficient.
20.   The owners of the subject property shall maintain the stormwater soaker pits in accordance
      with the manufacturer’s specifications.
21.   These works are also to be in compliance with the relevant conditions of Development Permit
      2007/0070 dated 24 October 2007.
22.   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 for this development approval are listed in the following table:

 Plan No.            Rev.     Plan Name                                      Date

 0611 / WD.101       T2       Site Plan (by Kidd & Co)                       05.06.08

 0611 / WD.202       T4       Driveway detail (by Kidd & Co)                 05.06.08

 17268-OW1                    Silt Retention (by SCG)                        Oct 2007

 17268-OW2           A        Driveway & drainage detail (by SCG)            22.05.08

 17268-OW4                    Driveway Long Sect’n (by SCG)                  Oct 2007




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7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
Should any changes or modifications to the approved plans be required as a result of construction
constraints, a “Request to change an existing approval” (Form 2 Development Application) under the
Integrated Planning Act 1997 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.

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
 Not Applicable.

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.




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During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees 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 continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

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

Yours faithfully,




Ron Read
SENIOR TECHNICAL ASSESSMENT OFFICER


DECISION NOTICE HISTORY
 Original Decision Notice 29 July 2008.
 Change to an Existing Approval amending
   Relevant Period of Approval to 2010 and to
   delete Condition 7.




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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
    (2) An appeal under subsection (1)(a) to (d) must                 assessment manager to treat its response to the
be started within 20 business days (the “applicant’s                  application as a submission for an appeal.
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
    (3) An appeal under subsection (1)(e) may be                decision notice is given to the advice agency as a
started at any time after the last day a decision on the        submitter.
matter should have been made.                                   Appeals for matters arising after approval given
Appeals by submitters                                           (co-respondents)
4.1.28.(1) A submitter for a development application            4.1.30.(1) For a development approval given for a
may appeal to the court about-                                  development application, a person to whom any of the
                                                                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
    provisions of the approval; or                              (a) a notice giving a decision on a request for
                                                                      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
the decision notice or negotiated decision notice is                  (2) The appeal must be started within 20 business
given to the submitter.                                         days after the day the notice of the decision is given
                                                                to the person.
    (3) If a person withdraws a submission before the
application is decided, the person may not appeal the                 (3) Subsection (1)(a) does not apply if the
decision.                                                       approval resulted from a development application
                                                                (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
application involving impact assessment.                              (4) Also, a person who has made a request
                                                                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
                                                                at any time after the last day the decision on the
1
    Section 3.1.6 (Preliminary approval may override local      matter should have been made.
    planning instrument)
                                                                                                  Page 6 of 7

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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            (a) the refusal, or the refusal in part, of a development
against the decision in the notice-                            application;
(a) a notice giving a decision on a request to change      (b) a matter stated in a development approval,
    or cancel a condition of a development approval.           including any condition applying to the
                                   2
(b) a notice under section 6.1.44 giving a decision to         development, and the identification of a code
                                                                                     3
    change or cancel a condition of a development              under section 3.1.6;
    approval.                                              (c) the decision to give a preliminary approval when a
    (2) The appeal must be started within 20 business          development permit was applied for;
        days after the day the notice of the decision is   (d) the length of a period mentioned in section 3.5.21
        given to the person.                                   currency period;
    (3) Also, a person who has made a request              (e) a deemed refusal.
        mentioned in subsection (1)(a) may appeal to           (2) An appeal under subsection (1)(a) to (d) must
        the court against a deemed refusal of the          be started within 20 business days (the “applicant’s
        request.                                           appeal period”) after the day the decision notice or
    (4) An appeal under subsection (3) may be started      negotiated decision notice is given to the applicant.
        at any time after the last day the decision on         (3) An appeal under subsection (1)(e) may be
        the matter should have been made.                  started at any time after the last day a decision on the
Appeals against decisions to change approval               matter should have been made.
conditions under the repealed Act                          The Registrar for the Building and Development
4.1.33A.(1) A person who is dissatisfied with a            Tribunal may be contacted at the website
decision made on an application to change the              http://www.localgovernment.qld.gov.au/
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.
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
                                                           3
    cancelled by assessment manager or concurrence             Section 3.1.6 (Preliminary approval may override local
    agency in certain circumstances)                           planning instrument)
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