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Decision Notice - 010.2007.00001571.001 [As Published] · 142007.1571
Form 6 - Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2007/1571 Date of Decision: 13 December 2007
1. APPLICANT DETAILS
Name: Middap & Ditchfield Pty Ltd
Postal address: CARE Middap & Ditchfield Pty Ltd
Cnr Mary & Thomas Streets
NOOSAVILLE QLD 4566
Phone no: 5474 0877 Fax no: 5474 0906
2. PROPERTY DESCRIPTION
Street address: 61 Hastings Street Noosa Heads
Real property Lot 3 CP 862568
description:
3. OWNER DETAILS
Name: State Land - NSC as Trustee
Postal address: PO Box 141
TEWANTIN QLD 4565
4. REFERRAL AGENCIES
Referral Agency Address Basis
Nil
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Operational Works Landscaping, Carpark & Access, No Yes
Stormwater drainage and Excavation
6. DECISION DETAILS
Council decided to approve the application and grant a Development Permit, subject to conditions.
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Nil.
8. SUBMISSIONS
Not Applicable.
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NOOSA COUNCIL IDAS Development Application Decision Notice 2 of 9 9. CONDITIONS The approval is subject to conditions. Noosa Council’s conditions are attached. 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: 14/12/07 MSOffice c:\docume~1\shesse\locals~1\temp\bcl technologies\easypdf 5\@bcl@1c0df732\@[email protected]
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NOOSA COUNCIL IDAS Development Application Decision Notice 3 of 9
Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
A. Approve the application and grant a Development Permit, subject to the following conditions:-
Land Use
1. The site is to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and
the approved Plan of Development. The approved plans are titled and numbered Landscape
Operational Works Plan, prepared by Environmental Landscape Planning dated October 2007 and
may be amended by these conditions and annotations on the plan.
2. The landscaping plans referred to above are to be prepared and certified by a suitably qualified
and experienced Landscape Architect or Horticulturalist.
3. The landscape construction is to be implemented in accordance with the amended landscape plan,
planting schedule and horticultural industry best practices.
4. 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.
5. All trees must be planted a minimum of 1 metre from all services.
6. The significant existing mature Tuckeroo shall be replaced with a minimum of 8 x native plant
species of 45 litre pot size;
7. The 3 existing trees (Tuckeroo, Fig and Bloodwood species) located between the beach access
and building’s eastern elevation shall be retained and in this regard a suitably qualified Arborist
shall be engaged to advise on tree protection measures and supervise construction works being
undertaken in the vicinity of these trees.
8. The Pandanus palm located closest to the building at the front of the site, as annotated on the
approved plans shall be retained, and incorporated into a future garden bed.
9. The Brush Box located in the road reserve halfway along the frontage of the site, as identified as
Tree 1 on the approved plans shall be retained, and incorporated into a future garden bed.
10. This Development Permit lapses if the development has not happened by 13 December 2009
unless application to extend the currency is approved by Council.
Land Development
11. The development shall be carried out in accordance with drawings Nos. 06562C1A dated 13 July
2007 by TOD Noosa, 06562C2B dated 18 September 2007 by TOD Noosa, 06562C3B dated 18
September 2007 by TOD Noosa and 0626-OP1K dated 26 September 2007 by Middap Ditchfield
or as modified herein.
12. Roof and surface runoff connection to Council’s drainage system shall be as shown on drawing
No. 06562C2B dated 18 September 2007 by TOD Noosa. Kerb adaptors shall be used in the kerb
where applicable.
13. The existing pathway within the eastern part of the subject site that extends from Hastings Street to
the beachfront and the adjacent trees shall be protected and preserved during the excavation and
construction phases of the development.
14. Uninterrupted safe public access shall be maintained at all times during the excavation and
construction phases of the development on the existing pathway within the eastern part of the site
that extends from Hastings Street to the beachfront.
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NOOSA COUNCIL IDAS Development Application Decision Notice 4 of 9
15. The existing concrete driveway shall be the sole vehicle access for machinery and construction
staff during the excavation and construction phases of the development. A rock rumble pad,
shaker grid or similar structure shall be provided within the site adjacent to the vehicle entrance to
minimise the amount of material attached to vehicles leaving the site.
16. The pathway and road pavement in Hastings Street adjacent to the entrance to the work site shall
be swept clean at regular intervals. The works shall be undertaken under traffic control where
applicable.
17. Excavation of the site and the construction of the proposed works shall not have any adverse
affects on the stability of adjoining buildings and/or structures and/or services and/or lands. In this
regard a Registered Professional Engineer Queensland shall supervise the excavation of the site
and the construction of the new works to determine whether any additional measures are required
to protect the stability of adjoining buildings and/or structures and/or services and/or lands.
18. The use of vibratory equipment of any kind is not permitted to be used (including vibrating rollers
and the use of vibrating installation techniques for sheet piling and other construction vibrations
caused by excavating, earthmoving or demolition machinery or other similar construction
techniques) unless approved and supervised by a Certified Geotechnical Engineer. Under such
circumstances the operator of such equipment shall at all times comply with the directions of the
Geotechnical engineer and the reasonable and lawful directions of Council officers.
19. All parts of the works (including excavation, retaining structures, tie backs etc) are to be wholly
contained within the subject site. Any subground structures (support anchors, tie backs etc) to be
utilised near trees to be retained shall be located such that the affect on the trees is minimised.
20. Certification of the completed works must be provided to Council by the supervising engineer. The
certification shall state that the completed works conform with all aspects of the design and that the
completed works will not have any adverse affects on the stability of adjoining buildings and/or
structures and/or services and/or lands.
21. The Traffic Management Plan described in Condition 23 of Compiled Decision Notice File No:
2004/4078 dated 22 November 2007 shall be submitted to Council for approval prior to the pre
start meeting.
22. The sign posting for the car parking spaces 1 and 2 shall be amended to reflect the time frames as
described in Condition 24 of Compiled Decision Notice File No: 2004/4078 dated 22 November
2007.
23. Suitable root barrier 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.
24. Suitable sediment control devices ("in pit” pollution control devices) shall be temporarily installed
into the adjoining existing external downstream stormwater structures generally as shown on
drawing No. 06562C1A dated 13 July 2007 by TOD Noosa.
The device shall be checked and cleaned on a regular basis and specifically after each rain event.
The device shall remain in place during the civil works and construction phases of the
development.
The device shall be installed prior to the commencement of any works.
25. Council’s Construction Technical Officer (ph 0410 512 505), shall be given seven (7) days’ notice
of intention to commence works to arrange a “pre start” meeting regarding the civil works.
26. 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.
27. 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.
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NOOSA COUNCIL IDAS Development Application Decision Notice 5 of 9
28. 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.
29. 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).
30. Council standards shall apply to these works unless otherwise modified herein.
31. 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 commencement of the use or, alternatively,
the Applicant may request the Council to carry out the rectification work at the Applicant’s cost,
such cost being paid by the Applicant to the Council prior to the commencement of the use.
In the case of any emergency the Council shall be entitled to rectify such damage at the cost of the
Applicant, such cost being paid prior to the commencement of the use.
32. 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.
33. 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.
34. All signage, including that for safety during construction shall be in accordance with the Manual of
Uniform Traffic Control Devices and Traffic Infrastructure (Roads) Act.
35. Safe pedestrian access on Hastings Street and the Beachfront shall be maintained at all times.
Should footpath / road closures be necessary to carry out construction works, Council’s
Construction Technical Officer (ph 0410 512 505) must be notified prior to the proposed closure.
36. 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 drawing No. 06562C1A dated 13 July 2007 by TOD Noosa, Council’s
Manager – Land Development may request further controls to be installed should approved
measures be inefficient.
37. The owners of the subject property shall maintain the grease/oil arrestor pits/gross pollutant traps
in accordance with the manufacturers specifications.
38. The owners of the subject property shall inspect the grease/oil arrestor pits/gross pollutant traps on
a weekly basis and after each storm event.
The owners of the subject property shall enter into an ongoing maintenance contract with a
Registered Contractor to clean and maintain the grease/oil arrestor pits/gross pollutant traps on a
regular three monthly cycle and on a “On Call” basis in the case of an emergency.
The management and maintenance of the grease/oil arrestor pits/gross pollutant traps shall be
included in the ongoing maintenance scheme for the completed development.
39. The works to become Council assets will not be accepted until the landscaping is completed.
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NOOSA COUNCIL IDAS Development Application Decision Notice 6 of 9
40. These works are also to be in compliance with the relevant conditions of Development Permit No.
2004/4078.
41. 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
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NOOSA COUNCIL IDAS Development Application Decision Notice 7 of 9
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.
B. Obtain the payment of bonds and contributions and evidence of the paid portable long service leave levy
prior the issue of this Development Permit.
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NOOSA COUNCIL IDAS Development Application Decision Notice 8 of 9
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
approval resulted from a development application
(2) The appeal must be started within 20 business (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)
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NOOSA COUNCIL IDAS Development Application Decision Notice 9 of 9
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)
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