Council archive · source document
Decision Letter - Change to an Existing Approval - 010.2007.00001294.002 [As Published] · 142007.1294.02
Officer: Mark Lewis
Direct Telephone: (07) 5449 5176
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2007/1294
Your Reference:
18 November 2009
Robert James Selkirk
CARE KHA Development Managers
PO Box 6380
MAROOCHYDORE BC QLD 4558
Dear Sir / Madam
Change to an Existing Approval
Integrated Planning Act 1997
I refer to your request to make a change to an existing approval. On 17 November 2009 Council
decided your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 2007/1294
Street address: 33 Hastings Street NOOSA HEADS, 1/33 Hastings Street NOOSA
HEADS, 2/33 Hastings Street NOOSA HEADS, 3/33 Hastings
Street NOOSA HEADS, 4/33 Hastings Street NOOSA HEADS,
5/33 Hastings Street NOOSA HEADS, 6/33 Hastings Street
NOOSA HEADS, 7/33 Hastings Street NOOSA HEADS
Real property description: LOT: 0 BUP: 2665, LOT: 1 BUP: 2665, LOT: 2 BUP: 2665, LOT: 3
BUP: 2665, LOT: 4 BUP: 2665, LOT: 5 BUP: 2665, LOT: 6 BUP:
2665, LOT: 7 BUP: 2665
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 29 February 2008 decided to issue the following type of approval:-
Development Permit for Operational Works - Stormwater, Driveway & Frontage Works
In relation to your request to extend the relevant period for the above development approval, Council
on 17 November 2009 decided to:
A. Extend the relevant period until 22 November 2011
B. Approve to change condition 31 to read as follows:
31. The Development Permit for Operational Works lapses if the works have not been
completed by 22 November 2011, unless an application to extend the currency is
approved by Council.
C. Issue a Change to an Existing Approval.
Page 1 of 9
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 8 pages
Page 2
2007/1294
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. The development shall be carried out in accordance with Engineering drawings Nos.
DA-01B dated 11 December 2007 by Foster Designs
1703-0-1 dated 29 May 2007 by Construction Hydraulics
1703-0-2B dated 27 August 2007 by Construction Hydraulics
1703-0-3C dated 6 February 2008 by Construction Hydraulics
1703-0-4 dated 29 May 2007 by Construction Hydraulics
or as modified herein.
2. A report on the Identification and Mitigation of Acid Sulphate Soils, prepared in accordance with
Part 6 of SPP2/02 Guideline: Planning and Managing Development Involving Acid Sulphate
Soils is to be submitted for approval by the Manager Land Development 5 working days prior to
the commencement of any new building works.
3. Any damage or disturbance to the beach frontage or to the footpath, planter boxes and other
street improvements in Hastings Street that occurs during the construction of the proposed
development or occurs in the construction of any works necessary to connect the proposed
development to Council’s services infrastructure shall be reinstated in accordance with the
Hastings Street Masterplan with suitable matching materials to the satisfaction of Council’s
Manager of Design. These reinstatement works are to be undertaken at no cost to Council and
are to be completed prior to the commencement of the use permitted by this permit.
4. Roof and surface runoff connection to Council’s drainage system shall be as shown on drawing
No. 1703-0-2B.
5. A Traffic Management Plan for the development addressing all construction phases shall be
prepared by suitably qualified persons and submitted to Council for approval prior to the pre start
meeting. The report shall address, but not be limited to, all items listed below, further the plan
shall be flexible that it addresses all stages of the development:-
5.1 Limiting the routes for the heavy vehicles to the major road network and prohibit the use
of the local roads as access to the site,
5.2 The plan should detail the routing of trucks to and from the site.
5.3 Provision of onsite parking for personnel working on this development, as there is limited
parking available in adjacent streets.
5.4 Provision of safe cycle and pedestrian movements around the development on Hastings
Street and the beachfront.
5.5 No queuing of trucks is permitted on residential streets, especially prior to 7.00am.
Further parked trucks must have engines turned off.
5.6 Indicate the location of any holding areas for heavy vehicles.
5.7 Provision of signage and traffic controllers in accordance with Manual of Uniform Traffic
Control Devices and Traffic Infrastructure (Roads) Act.
5.8 Provide an indication where the surplus spoil is to be transported to, and/or source of
imported fill material.
6. 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.
Page 2 of 9
Page 3
2007/1294
7. 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.
8. 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.
9. 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 into adjoining properties, shall only be used if written permission has been granted by
the adjoining property owners.
10. 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.
11. Suitable sediment control devices ("in pit” pollution control devices) shall be temporarily installed
into the first existing external downstream stormwater structure.
These devices are to be checked and cleaned on a regular basis and specifically after each rain
event.
These devices are to remain in place during the civil works and construction phases of the
development.
The location and type of device to be installed shall be established at the “pre start” meeting
with Council’s Construction Technical Officer and shall be installed prior to the commencement
of any works.
12. Council’s Construction Technical Officer – Michael Conroy (ph 0410 512 505), shall be given
seven (7) days’ notice of intention to commence works to arrange a “pre start” meeting prior to
the commencement of works.
13. 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.
14. 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.
15. 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. Construction Technical Officer will also sign the
form at each stage when conditions required have been satisfied. The works will be accepted
“On Maintenance” after this form, signed by the inspector for each stage is complete, together
with a letter from the Engineer requesting that the works go “On Maintenance”.
16. 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).
17. Council standards shall apply to these works unless otherwise modified herein.
Page 3 of 9
Page 4
2007/1294
18. 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.
19. 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.
20. 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.
21. 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.
22. Safe pedestrian access on Hastings Street and beachfront pathway 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.
23. 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. 1703-0-4, Council’s Manager – Land
Development may request further controls to be installed should approved measures be
inefficient.
24. The owners of the subject property shall maintain the grease/oil arrestor pits/gross pollutant
traps in accordance with the manufacturers specifications.
25. 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 Community Management Scheme for the completed development.
26. All stormwater drainage lines including private drainage lines (also known as inter-allotment
drainage lines) or as otherwise approved by Council’s Manager of Land Development shall be
inspected by closed circuit television (CCTV) at the completion of all works and immediately
prior to acceptance ‘On Maintenance’. Council’s Construction Technical Officer shall be advised
of the timing of this inspection.
Page 4 of 9
Page 5
2007/1294
A report of the CCTV inspection, including photographic records (which includes photos & video
recordings burnt onto a CD) of the inspection shall be submitted to the Council for approval.
Any defects or substandard works shall be recorded and accurately illustrated on the drainage
plan showing the location of the defect(s).
Substandard work will not be accepted ‘On Maintenance’ and must be rectified at the applicants
expense with a further CCTV inspection arranged once the rectification works have been
completed.
To this extent all CCTV inspections, including any additional inspections necessary following
defect identification and rectification, shall be entirely at the applicant’s expense. Any costs
incurred by Council in reviewing the CCTV inspection results shall also be borne by the
applicant.
27. Prior to acceptance of drainage and pathway restoration works "On Maintenance", the
lodgement of satisfactory “As Constructed” records of the drainage works shall be submitted to
Council.
As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer
(RPEQ) for design intent, and a Licensed Surveyor shall certify the cadastre and the location,
level and type of all services and structures. All of which shall be submitted to Council for
checking and for Council’s records.
The data must fully detail levels for all engineering works including but not limited to drainage
structures, finished ground levels and pavement surface levels. The data shall be submitted in
the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC
are available at www.adac.com.au) and Council’s Planning Scheme Policy 5 – Engineering
Design Standards – Roads, Drainage and Earthworks.
Approval of works shall not be granted until all As Constructed information has been supplied
and accepted by Council.
28. A 5% cost of footpath restoration works to become Council assets or $1,500 bond (whichever is
the greater) will be imposed on construction works during the maintenance period, which is a
minimum period of 12 months duration. Such bond must be lodged by, and shall only be
accepted from the Developer for the works.
29. The works to become Council assets will not be accepted "On Maintenance" until the
landscaping is completed.
30. These works are also to be in compliance with the relevant conditions of Development Permit
No. 2007/1181.
31. The Development Permit for Operational Works lapses if the works have not been completed by
22 November 2011, unless an application to extend the currency is approved by Council.
32. 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.
Page 5 of 9
Page 6
2007/1294
6 APPROVED PLANS
The approved plans for this development approval are listed in the following table:
Plan No. Rev. Plan Name Date
DA-01 B Retail & Basement Carpark Plan 11 December 2007
1703-0-1 General Notes * Legends by Construction Hydraulics 29 May 2007
1703-0-2 B Council Stormwater Drainage Operational Works by 27 August 2007
Construction Hydraulics
1703-0-3 C Stormwater Drainage Operational Works by Construction 6 February 2008
Hydraulics
1703-0-4 Sediment & Erosion Control Plan Operational Works by 29 May 2007
Construction Hydraulics
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
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 (ACH Act).
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 ACH 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
Not Applicable.
11 SELF ASSESSABLE CODES
Not Applicable.
12 SUBMISSIONS
Not Applicable.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not Applicable.
Page 6 of 9
Page 7
2007/1294
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.
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.
Decision Notice History
29 February 2008 - Original Decision Notice.
17 November 2009 - Approved a Change to Condition 31 extending the
currency period to 22 November 2011.
Yours faithfully
Mark Lewis
Senior Engineering Officer
Operational Works Assessment Branch
Page 7 of 9
Page 8
2007/1294
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
for the application are not available against the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications 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 its
may appeal to the court against any of the following- jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application if-
application; (a) the development application involves impact
(b) a matter stated in a development approval, including assessment; and
any condition applying to the development, and the (b) the advice agency told the applicant and the
identification of a code under section 3.1.6;1 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 relevant 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 be Appeals for matters arising after approval given
started within 20 business days (the “applicant’s appeal (co-respondents)
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 the
(3) An appeal under subsection (1)(e) may be started
following notices have been given may appeal to the
at any time after the last day a decision on the matter
court against the decision in the notice-
should have been made.
(a) a notice giving a decision on a request for extension
Appeals by submitters
of the relevanrt period for an approval;
4.1.28.(1) A submitter for a development application may
(b) a notice giving a decision on a request to make a
appeal to the court about-
minor change to an approval.
(a) the giving of a development approval, including any
(2) The appeal must be started within 20 business
conditions (or lack of conditions) or other provisions
days after the day the notice of the decision is given to
of the approval; or
the person.
(b) the length of a relevant period for the approval.
(3) Subsection (1)(a) does not apply if the approval
(2) The appeal must be started within 20 business resulted from a development application (superseded
days (the “submitters appeal period”) after the day the planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to application under a superseded planning scheme.
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 started at
(4) If an application involves both impact assessment any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are should have been made.
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 application (no co-respondents)
are available only for the aspects of the development that 4.1.31.(1) A person to whom any of the following notices
would have required public notification under the have been given may appeal to the court against the
repealed Act. 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)
Page 8 of 9
Page 9
2007/1294
(b) a notice under section 6.1.442 giving a decision to (c) the decision to give a preliminary approval when a
change or cancel a condition of a development development permit was applied for;
approval. (d) the length of a period mentioned in section 3.5.21
(2) The appeal must be started within 20 business relevant period;
days after the day the notice of the decision is (e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
(3) Also, a person who has made a request started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the period”) after the day the decision notice or negotiated
court against a deemed refusal of the request. decision notice is given to the applicant.
(4) An appeal under subsection (3) may be started at (3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the at any time after the last day a decision on the matter
matter should have been made. should have been made.
Appeals against decisions to change approval conditions The Registrar for the Building and Development
under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(a) the decision; or (1) This section applies to a person who has been
(b) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the
(a) whether a charge in the notice is so unreasonable
decision or the conditions applied. that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the have imposed it; or
applicant.
(b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to charges schedule or regulated State infrastructure
development applications charges schedule.
Appeals by applicants
4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) 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;3
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override local
planning instrument)
Page 9 of 9
Used in these records
Decision Letter - Change to an Existing Approval - 010.2007.00001294.002 [As Published]Related documentApplication case desk ↗
About this file
- File size
- 63 KB (small file)
- File type
No other editions are linked here.