Decision Notice · 142006.950

Form 6 - Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION

File No:	2006/950	Date of Decision:	2 June 2006
Applicant Details
Name:	Dimond Architects Pty Ltd
Postal address:	PO Box 980
BUDERIM  QLD  4556
Phone no:	5451 0988	Fax no:	5443 6866

PROPERTY DESCRIPTION
Street address:	100 Cooyar Street, Noosa Heads
Real property description:	Lot 9 RP 225312, County of March, Parish of Weyba
Owner Details
Name:	Ozcare
Postal address:	PO Box 912
FORTITUDE VALLEY  QLD  4006
Referral Agencies
Referral Agency	Address	Basis
Nil

Application Type
Development	Development Details	Preliminary Approval	Development Permit
Operational Works	Landscaping	No	Yes
Decision details
Council decided to approve the application and grant a Development Permit, subject to conditions.
applicable codes
The developer must comply with the following codes for self-assessable development related to the development approved under this Development Permit:-
Not applicable.
SUBMISSIONS
Not applicable.
Conditions
The approval is subject to conditions. Noosa Council’s conditions are attached.
Further Development Permits Required
Type of Development Permit required	Subject of the required Development Permit
Nil

Rights of Appeal
Rights of appeal in relation to this application are attached.
Assessment Manager
Name:	Noosa Council	Signature:
Date:	06/06/06

	Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

The site is to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and the approved plans of development. The approved plans are titled and numbered Preliminary Site Works Existing Vegetation Sheet No. OZC01-CD200 Issue B, Setout Plan Sheet No. OZC01-CD201 Issue B, Setout Plan Sheet No. OZC01-CD202 Issue B, Planting Plan Sheet No. OZC01-CD401 Issue B, Planting Plan Sheet No. OZC01-CD402 Issue B, Planting Plan Sheet No. OZC01-CD501 Issue B, Planting Plan Sheet No. OZC01-CD502 Issue B, Hardscape Details Sheet No. OZC01-CD901 Issue B, Shelter Details Sheet No. OZC01-CD902 Issue B and Details Softscape Sheet No. OZC01-CD903 Issue B Project No. OZCO1 prepared by Place Planning & Design dated 19th January 2006.
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.
The landscape construction shall be implemented in accordance with the amended landscape plan, planting schedule and horticultural industry best practices.
All native plant species shall be located in group plantings and shall not be subjected to any hedging maintenance regimes.
All trees 45 litre and greater shall be securely tied and staked to assist their growth during the establishment period.
The density of planting must achieve the set out requirements as detailed on the approved landscape plan.
The applicant must ensure that all landscaping treatment does not unduly restrict/prevent access to service meters within the site.
All trees must be located:
at least 600mm from the concrete pathway
a minimum of 1.0 metres from all services to prevent root/service conflict and to provide future ease of maintenance requirements
a minimum of 2.0 metres from stormwater catchpits; and
a minimum of 4.0 metres from all overhead street lighting
The works shall be carried out in such a manner as to prevent dust and/or sand nuisance to residents in the vicinity of the development.
The works will not be accepted "On Maintenance" until the landscaping is completed.
This Development Permit lapses if the development has not happened by 2nd June 2008, unless application to extend the currency is approved by Council.

	Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

The following is an extract from the Integrated Planning Act (Chapter 4).
Division 8 - Appeals to court relating to development applications
Appeals by applicants
4.1.27.(1) An applicant for a development application may appeal to the court against any of the following-
the refusal, or the refusal in part, of a development application;
a matter stated in a development approval, including any condition applying to the development, and the identification of a code under section 3.1.6;
the decision to give a preliminary approval when a development permit was applied for;
the length of a currency period;
a deemed refusal.
(2) An appeal under subsection (1)(a) to (d) must be started within 20 business days (the “applicant’s appeal period”) after the day the decision notice or negotiated decision notice is given to the applicant.
(3) An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.
Appeals by submitters
4.1.28.(1) A submitter for a development application may appeal to the court about-
the giving of a development approval, including any conditions (or lack of conditions) or other provisions of the approval; or
the length of a currency period for the approval.
(2) The appeal must be started within 20 business days (the “submitters appeal period”) after the day the decision notice or negotiated decision notice is given to the submitter.
(3) If a person withdraws a submission before the application is decided, the person may not appeal the decision.
(4) If an application involves both impact assessment and code assessment, appeal rights for submitters are available only for the part of the application involving impact assessment.
(5) If an application is processed under section 6.1.28(2), appeal rights for submitters for the application are available only for the aspects of the development that would have required public notification under the repealed Act.
(6) If an application involves assessment against a concurrence agency code, appeal rights for submitters for the application are not available against the part of the approval that represents the concurrence agency’s response for the code.
Appeals by advice agency submitters
4.1.29.(1) An advice agency may, within the limits of its jurisdiction, appeal to the court about the giving of a development approval for a development application if-
the development application involves impact assessment; and
the advice agency told the applicant and the assessment manager to treat its response to the application as a submission for an appeal.
(2) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
Appeals for matters arising after approval given (co-respondents)
4.1.30.(1) For a development approval given for a development application, a person to whom any of the following notices have been given may appeal to the court against the decision in the notice-
a notice giving a decision on a request for extension of the currency period for an approval;
a notice giving a decision on a request to make a minor change to an approval.
The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
Subsection (1)(a) does not apply if the approval resulted from a development application (superseded planning scheme) that was assessed as if it were an application under a superseded planning scheme.
Also, a person who has made a request mentioned in subsection (1) may appeal to the court against a deemed refusal of the request.
An appeal under subsection (4) may be started at any time after the last day the decision on the matter should have been made.
Division 9 - Appeals to court about other matters
Appeals for matters arising after approval given (no co-respondents)
4.1.31.(1) A person to whom any of the following notices have been given may appeal to the court against the decision in the notice-
a notice giving a decision on a request to change or cancel a condition of a development approval.
a notice under section 6.1.44 giving a decision to change or cancel a condition of a development approval.
The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
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.
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-
the decision; or
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.

 Section 3.1.6 (Preliminary approval may override local planning instrument)
 Section 6.1.44 (Conditions may be changed or cancelled by assessment manager or concurrence agency in certain circumstances)

5

NOOSA COUNCIL IDAS Development Application Decision Notice	5 of 5

SEP p:\civica\documents\dd\010\from000\010-2006-00000950-001\0007decnotice.doc

SEP p:\civica\documents\dd\010\from000\010-2006-00000950-001\0007decnotice.doc

Page: 1
Insert name and address of agency.
Page: 1
If refused, delete the section headed Referral Agencies
Referral Agency	Address	Basis
<<name of referral agency>>	<<address of referral agency>>	<<referral basis>>
Application Type and Decision details
Council decided to <
applicable codes
The developer must comply with the following codes for self-assessable development related to the development approved under this Development Permit:-
<<insert applicable codes for self-assessable development >>.
SUBMISSIONS
<<insert submission details if applicable>>. See attached list.
Conditions and insert reasons for refusal.
Page: 1
Insert Designer’s Name, Plan No. and Date of Plan.
Page: 1
Insert Yes or No in each column adjacent to each category.
Page: 2
Type name of officer signing