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0015588A.001
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Form 6 - Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2007/1137 Date of Decision: 2 July 2007
1. APPLICANT DETAILS
Name: Peter Selinger
Postal address: PO Box 1030
NOOSAVILLE DC 4566
Phone no: Fax no:
2. PROPERTY DESCRIPTION
Street address: 67 Saltwater Avenue Noosaville
Real property Lot 150 RP 883847 County of March, Parish of Weyba
description:
3. OWNER DETAILS
Name: Livitar Pty Ltd
Postal address: 67 Saltwater Avenue
NOOSAVILLE QLD 4566
4. REFERRAL AGENCIES
Referral Agency Address Basis
N/A
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Home Based Business Type 2 - No Yes
Evident (Interior Design Office)
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.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached.
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Section 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 Development Permit for Building Works All Building Works & Change of Classification 11. RIGHTS OF APPEAL Rights of appeal in relation to this application are attached. 12. ASSESSMENT MANAGER Name: Noosa Council Signature: Date: 3 July 2007 AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@e80823da\@[email protected]
Section 3
NOOSA COUNCIL IDAS Development Application Decision Notice 3 of 6
Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Land Use
1. Development undertaken in accordance with this approval must generally comply with the approved plans
of development which has been titled “FLOOR PLAN” as submitted with the application and as may be
amended by these conditions.
2. The development must be undertaken and operated in a manner that causes no detrimental effect upon
the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other
emissions.
3. A maximum of four persons associated with the business shall be on site at any one time.
4. In addition to the residents, not more than two employees shall operate or be engaged on site in the
business at any one time.
5. A minimum of four car parking spaces shall be maintained on the site.
6. The business shall not operate outside the hours of 8:00am to 6:00pm Monday to Saturday. The use is
not permitted to operate on weekends or public holidays.
7. Only one sign is permitted on the property to advertise the business. Signage shall not exceed 750mm by
400mm or 0.3m² in size and bear only the name, occupier occupation and contact details and may not be
illuminated or in motion.
8. A maximum of two deliveries via courier van may be undertaken to/from the site per day.
9. Council reserves the right to inspect the development to ensure compliance with the conditions of this
approval at all times.
10. The Development Permit for a Material Change of Use of premises lapses on 2 July 2011, unless an
application to extend the currency period is approved by Council.
Land Development
Contributions Towards Council Infrastructure
11. Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading
various infrastructure at the rates applicable at the time of payment. An estimate only of the contribution
amounts under the current Council policies and requirements is outlined in the table below:
Contribution Required For: Amount:
PSP12 – Public Open Space Contributions (Park) $137.-
PSP16 – Sewerage Headworks Contributions $272.-
PSP17 – Water Supply Headworks Contributions $387.-
PSP20 – Pathway Trunk Network Contributions $139.-
TOTAL Contribution Amount = $ 935.-
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane
from MARCH 2006 until the date of payment.
12. All contributions must be paid prior to the commencement of the use.
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Section 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. The applicant is advised that development contributions and infrastructure charges applicable to this
development approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development Approved Development
Existing Use Class / Approved Use Class /
Existing Quantity Approved Quantity
Use Use
Detached House 1 Dwelling
Detached House 1 Dwelling Home Based Business –
2
Type 2 – Evident 50 m Use Area
(Interior Design Service)
2. The applicant is informed that approval of this development application will trigger an Infrastructure
Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated
amount of $1,673.- and is subject to variations in the Consumer Price Index, All Groups Brisbane from
MARCH 2007 until the date of payment. An Infrastructure Charge Notice will be issued in accordance
with Chapter 5 of the Integrated Planning Act 1997.
3. The applicant is informed that payment via credit card transaction will not be an acceptable method of
payment for development contributions conditioned in this permit or for infrastructure charge notices
issued separately.
4. The applicant is advised that a Compliance Permit for all plumbing and drainage works within the
boundaries of the development site shall be obtained from Council’s Plumbing Services Section prior to
obtaining a Development Permit for Building Works.
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Section 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
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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Section 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)
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