Council archive · source document
2010/574 SPA Decision Notice [As Published] · 132010.574
Officer: Glen Conforti
Direct Telephone: (07) 5449 5379
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2010/574
Your Reference:
31 May 2010
PI Home Pty Ltd
PO Box 1774
NEW FARM QLD 4005
Dear Sir/Madam
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 31 May 2010 Council decided to approve the application
in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2010/574
Street address: 36/512 David Low Way CASTAWAYS BEACH
Real property description: Lot: 36 SP: 111721
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use - Detached House
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is four years starting the day that this development
approval takes effect. (Refer to Section 341 “When approval lapses if development not started” of the
Sustainable Planning Act 2009.)
4 ASSESSMENT MANAGER CONDITIONS
Planning Assessment
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and may
be amended by these conditions and annotations on the plans.
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2010/574
Plan No. Rev. Plan Name – Prepared by Date
Sheet 1 of 4 Lower Level Plan – Civic Steel Homes 24 March 2010
Sheet 2 of 4 Upper level Plan – Civic Steel Homes 24 March 2010
Sheet 3 of 4 Elevations – Civic Steel Homes 24 March 2010
Sheet 4 of 4 Elevations – Civic Steel Homes 24 March 2010
Relevant Period
2. The Development Permit for a material change of use lapses if the use has not happened by
31 May 2014, unless an application to extend the currency is approved by Council.
Building Height
3. The building height shall not exceed 8.0 metres above the natural ground level, finished
ground level and 2 storey.
4. A verification survey of the building shall be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of the work confirming compliance with the
maximum allowable building height as required by either the conditions of approval of the
Planning Scheme.
Security Bond
5. Security in the form of a cash bond or trading bank guarantee to the sum of $10 000 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for building works. The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit.
Landscaping
6. The retaining wall shall not encroach into the southern boundary setback.
7. Existing trees on the site and within road reserves shall be retained, except where required to
be removed due to building operations or the conduct of the approved use. In this regard:
7.1. the mature Banksia integrifolia located near the front boundary shall be retained.
7.2. the small Banksia integrifolia located to the north west corner of the Lot and within the
setback shall be retained.
8. All vegetation shall be protected from interference resulting from clearing or construction
activities by:
8.1. Clearly marking the 2 Banksias to be retained with flagging tape;
8.2. Installing protective fencing around the drip line of the trees;
8.3. Stockpiling, storage and vehicle parking occurs in already cleared areas and does not
cause interference with trees; and
8.4. Low impact construction techniques are used around trees to minimise interference with
the trees.
9. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:
9.1. Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a
minimum of 10 metres between edges of heaps.
9.2. Disposal for firewood.
9.3. Disposal for landscaping purposes.
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10. The applicant is advised that burning off is an unacceptable method of disposal.
11. Screening vegetation consisting of native, endemic species shall be planted to all setback
areas and planted in accordance with Council’s Landscaping Plants and Guidelines PSP 3. In
this regard the northern boundary setback area near the lower level bedroom 3 shall be
planted at a higher density.
General – Planning Assessment
12. The development shall be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood due to the creation of excessive noise, lighting
nuisance, or other emissions.
13. Buildings and structures (including swimming pools, sheds, tennis courts, or outbuildings) shall
not be constructed under overhead electricity transmission lines, or within any easements.
14. All hot water systems installed shall be either solar; electric heat pump; or gas (LPG or
natural).
Operational Works Assessment Branch
Earthworks
15. Earthworks required on site shall be carried out in accordance with Council’s Planning
Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any natural
watercourses.
16. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences or structures that border the development site. Fences that are affected shall be
replaced prior to the Building Certifier issuing the Certificate of Classification.
Roof Water & Stormwater Drainage
17. Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank that
is installed to ensure water from the rainwater storage system or tank is used for external uses
(such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming
pools, outdoor cleaning, etc) and for internal (ground floor) use in washing machine cold taps
and toilet cisterns. All rainwater tanks are to be designed and installed in accordance with the
Queensland Development Code (QDC) current at the time of building approval, and shall be
part of the plumbing application for approval. The location and capacity of the tanks shall be
clearly shown on the plans submitted for Building Works approval and any overflow shall be
directed to the common property stormwater drainage system.
Geotechnical
18. A geotechnical report, prepared by a registered professional engineer shall be obtained, and it
should either:
18.1. certify that the site is not at risk from landslide emanating from the site or from other
land; or
18.2. identify methods of stabilising all buildings, accessways and uses areas; and where the
geotechnical report identifies methods of stabilising buildings, accessways and uses
areas. The development shall implement those methods, which are recommended.
Sediment and Erosion Control
19. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary.
In this regard, a plan detailing the methods of controlling erosion and sediment in
accordance with the Healthy Waterways document and fact sheet series titled “Controlling
Stormwater Pollution on your Building Site dated 2006” are required to be submitted with the
application for a Building Works Permit.
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General – Operational Works Assessment Branch
20. Any damage caused to any public utility during the course of construction shall be repaired to
Council’s standards and at no cost to Council.
21. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
22. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to or
from the site shall be covered to prevent materials including dust being windblown from the
vehicle.
Contributions
23. The applicant must pay contributions towards trunk infrastructure in accordance with the
following Planning Scheme Policies and Council Policies:
(a) Planning Scheme Policy 12 – Public Open Space Contributions;
(b) Planning Scheme Policy 13 – Contributions in Lieu of Off Street Parking;
(c) Planning Scheme Policy 16 – Sewerage Headworks Contributions;
(d) Planning Scheme Policy 17 – Water Supply Headworks Contributions;
(e) Planning Scheme Policy 20 – Pathway Trunk Network Contributions;
(f) Council Policy – Rural Roadworks Contributions;
(g) Council Policy – Master Drainage Contributions.
For material change of use of premises approvals the contributions must be paid prior to the
commencement of use, for reconfiguring a lot approval contributions must be paid prior to
Council approval of the plan of subdivision.
The actual amount of the contribution must be calculated and paid in accordance with the
Planning Scheme Policies and variations due to indexation current at the time of payment.
5 REFERRAL AGENCY CONDITIONS
Not applicable.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan No. Rev. Plan Name – Prepared by Date
Sheet 1 of 4 Lower Level Plan – Civic Steel Homes 24 March 2010
Sheet 2 of 4 Upper level Plan – Civic Steel Homes 24 March 2010
Sheet 3 of 4 Elevations – Civic Steel Homes 24 March 2010
Sheet 4 of 4 Elevations – Civic Steel Homes 24 March 2010
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. 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:
1.1. On a Sunday or public holiday, at any time; or
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1.2. 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.
2. You are advised that the site is identified as a Koala Living Area under the Nature
Conservation (Koala) Conservation Plan 2006 and Management Program 2006-2016 and may
contain koalas. The use of a Koala Spotter is encouraged in areas where koalas are likely to
occur, prior to the removal of Angophora, Corymbia, Eucalyptus, Lophostemon and Melaleuca
species. Further information can be obtained from the Environmental Protection Agency at
http://www.epa.qld.gov.au or phone (07) 3227 8185.
3. Prior to the commencement of the development, a plumbing assessment must be obtained
from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage
Act 2002 (as applicable).
4. An advice notice outlining the estimated infrastructure contributions payable and the basis for
their calculation under the current Planning Scheme Policies and Council Policies is attached
with this Development Permit.
5. The applicant is informed that this development permit will trigger an Infrastructure Charge in
accordance with the Coastal Major Road Network Infrastructure Charges Plan for the
estimated amount of $3,036.00 and is subject to variations in the Consumer Price Index, All
Groups Brisbane from March 2010 until the date of payment. An Infrastructure Charge Notice
will be issued in accordance with Chapter 8 of the Sustainable Planning Act 2009".
6. Please contact Council's Infrastructure Charges Officer (email:
[email protected]) a minimum of 5 business days prior to payment of the
infrastructure contributions and/or charge notice so a payment advice detailing the amounts
applicable at the time of payment may be issued to accompany the payment.
7. Payment of infrastructure contributions and/or infrastructure charge notices will not be
accepted by credit card transaction.
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.
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2010/574
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit All Building Works
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
Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part 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 commence again from the start the day after you receive a “negotiated decision
notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing
decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act
2009.)
15 OTHER DETAILS
Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice is enclosed in compliance with Chapter 8 of the Sustainable Planning
Act 2009.
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,
Glen Conforti
Planning Technical Officer
Enc: Appeal Rights
Approved Plans/Documents
Infrastructure Contributions Advice Notice
Infrastructure Charge Notice
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Appeal Rights
SUNSTAINABLE PLANNING ACT 2009 & SUSTAINABLE
PLANNING REGULATION 2009
The following is an extract from the Sustainable (ii) the length of a period mentioned in
Planning Act 2009 (Chapter 6). section 341 for the approval.
(3) However, a submitter may not appeal if the
MATERIAL CHANGE OF USE, RECONFIGURING A submitter—
LOT & OPERATIONAL WORKS
(a) withdraws the submission before the
Division 8 - Appeals to court relating to application is decided; or
development applications
(b) has given the assessment manager a
461 Appeals by applicants notice under section 339(1)(b)(ii).
(1) An applicant for a development application (4) The appeal must be started within 20
may appeal to the court against any of the business days (the submitter’s appeal
following- period) after the decision notice or
(a) the refusal, or the refusal in part, of a negotiated decision notice is given to the
development application; submitter.
(b) any condition of a development approval, 463 Additional and extended appeal rights for
another matter stated in a development submitters for particular development
approval and the identification or inclusion applications
of a code under section 242 (1) This section applies to a development
(c) the decision to give a preliminary application to which chapter 9, part 7
approval when a development permit was applies.
applied for; (2) A submitter of a properly made submission
(d) the length of a period mentioned in for the application may appeal to the court
section 341;; about a referral agency’s response made by
(e) a deemed refusal of the development a prescribed concurrence agency for the
application. application.
(3) However, the submitter may only appeal
(2) An appeal under subsection (1)(a), (b), (c) or
against a referral agency’s response to the
(d) must be started within 20 business days
extent it relates to—
(the applicant’s appeal period) after—
(a) if a decision notice or negotiated decision (a) if the prescribed concurrence agency is
notice is given—the day the decision the chief executive (environment)—
notice or negotiated decision notice is development for an aquacultural ERA; or
given to the applicant; or (b) if the prescribed concurrence agency is
(b) otherwise—the day a decision notice was the chief executive (fisheries)—
required to be given to the applicant. development that is—
(3) An appeal under subsection (1)(e) may be (i) a material change of use of
started at any time after the last day a premises for aquaculture; or
decision on the matter should have been (ii) operational work that is the removal,
made. damage or destruction of a marine
plant
462 Appeals by submitters - general
(4) Despite section 462(1), the submitter may
(1) A submitter for a development application
appeal against the following matters for the
may appeal to the court only against-
application even if the matters relate to code
(a) the part of the approval relating to the assessment—
assessment manager’s decision about
(a) a decision about a matter mentioned in
any part of the application requiring
section 462(2) if it is a decision of the
impact assessment under section 314; or
chief executive (fisheries);
(b) the part of the approval relating to the
(b) a referral agency’s response mentioned in
assessment manager’s decision under
subsection (2).
section 327.
464 Appeals by advice agency submitters
(2) To the extent an appeal may be made under
subsection (1), the appeal may be against 1 (1) Subsection (2) applies if an advice agency, in
or more of the following— its response for an application, told the
assessment manager to treat the response
(a) the giving of a development approval; as a properly made submission.
(b) any provision of the approval including— (2) The advice agency may, within the limits of its
(i) a condition of, or lack of condition jurisdiction, appeal to the court about—
for, the approval; or
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2010/574
(a) any part of the approval relating to the 467 Appeals about changing or cancelling
assessment manager’s decision about conditions imposed by assessment
any part of the application requiring manager or concurrence agency
impact assessment under section 314; or (1) A person to whom a notice under section
(b) any part of the approval relating to the 378(9)(b) giving a decision to change or
assessment manager’s decision under cancel a condition of a development approval
section 327 has been given may appeal to the court
(3) The appeal must be started within 20 against the decision in the notice.
business days after the day the decision (2) The appeal must be started within 20
notice or negotiated decision notice is given business days after the day the notice of the
to the advice agency as a submitter. decision is given to the person.
(4) However, if the advice agency has given the For Building Works Only
assessment manager a notice under section 532 Appeals by applicants
339(1)(b)(ii), the advice agency may not
appeal the decision. (1) If—
465 Appeals about decisions relating to (a) a person has been given, or is entitled to
extensions for approvals be given—
(1) For a development approval given for a (i) an information notice under the
development application, a person to whom a Building Act about a decision
notice is given under section 389, other than other than a decision under
a notice for a decision under section 386(2), that Act made by the
may appeal to the court against the decision Queensland Building Services
in the notice. Authority; or
(2) The appeal must be started within 20 (ii) an information notice under the
business days after the day the notice of the Plumbing and Drainage Act
decision is given to the person. 2002 about a decision under
part 4 or 5 of that Act; or
(3) Also, a person who has made a request
under section 383 may appeal to the court (b) a person—
against a deemed refusal of the request (i) was an applicant for a building
(4) An appeal under subsection (3) may be development approval; and r
started at any time after the last day the (ii) is dissatisfied with a decision
decision on the matter should have been under the Building Act by a
made. building certifier or referral
agency about inspection of
466 Appeals about decisions relating to
building work the subject of the
permissible changes)
approval; the person may
(1) For a development approval given for a appeal against the decision to
development application, the following a building and development
persons may appeal to the court against a committee.
decision on a request to make a permissible
(2) An appeal under subsection (1) must be
change to the approval—
started within 20 business days after the day
(a) if the responsible entity for making the the person is given notice of the decision.
change is the assessment manager for (3) If—
the application—
(a) under the Building Act, a person makes
(i) the person who made the request; an application other than a building
or development application to a local
(ii) an entity that gave a notice under government; and
section 373 or a pre-request (b) the period required under that Act for the
response notice about the request
local government to decide the
(b) if the responsible entity for making the application (the decision period) has
change is a concurrence agency for the passed; and
application—the person who made the (c) the local government has not decided
request.. the application; the person may appeal
(2) The appeal must be started within 20 to a building and development
business days after the day the person is committee against the lack of the
given notice of the decision on the request decision and for the committee to decide
under section 376. the application as if it were the local
(3) Also, a person who has made a request government.
under section 369 may appeal to the court (4) An appeal under subsection (3) must be
against a deemed refusal of the request. started within 20 business days after the end
(4) An appeal under subsection (3) may be of the decision period..
started at any time after the last day the
decision on the matter should have been
made.
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