Council archive · source document
SUPERSEDED Decision Notice - Change to an Existing Approval [As Published] · 132003.220660.3
Officer: Jack Lewis
Direct Telephone: (07) 5449 5183
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 23182 DA
Your Reference:
17 June 2009
Mr Robert Wilson
26 Marlock Crescent
BUDERIM QLD 4556
Dear Sir
Change to an Existing Approval
Integrated Planning Act 1997
I refer to your request to make a change to an existing approval. On 16 June 2009 Council decided
your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 23182 DA
Street address: 1-7 Bayview Road, Noosa Heads
Real property description: Lot 1 SP 116707
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 2 May 2003 decided to issue the following type of approval:-
Development Permit for Material Change of Use - Dwelling
In relation to a request to change the Development Permit, Council on 27 February 2007 decided to:
A. Approve the change with amendment to Condition 6
B. Issue a Compiled Decision Notice
C. Approve a request to extend the currency period to 2 May 2009
In relation to your request to extend the relevant period for the above development approval, Council
on 16 June 2009 decided to:
A. Extend the relevant period until 31 December 2010
B. Approve a change to Condition 6
C. Issue a Change to an Existing Approval
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
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2003/220660
4 ASSESSMENT MANAGER CONDITIONS
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered A-1A, A-2A, A-3A, A4, A5,
A6, prepared by Domain Ramsey Group Pty Ltd and titled Site Survey prepared by Noosa
Mapping & Surveys Pty Ltd and dated 22 Feb 2002 and as may be amended by these
conditions. To this end, the Pavillion at the Ground Floor Level and the deck at the upper floor
level are to be setback a minimum of 6m from the property boundary to the north west.
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. Existing trees on the site and within road reserves are to be retained, except where required to
be removed due to building operations or the conduct of the approved use.
4. Security in the form of a cash bond or trading bank guarantee to the sum of $10000 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for operational 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.
5. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
6. The Development Permit for a Material Change of Use of Premises lapses if the use has not
happened by 31 December 2010, unless an application to extend the relevant period is
approved by Council.
7. The developer must obtain all of the other Development Permits referred to in the Decision
Notice, prior to obtaining a Development Permit for building works.
Land Development
Vehicle Access
8. The location of the existing 6.5 metre common vehicular access driveway connected to
Bayview Road and shared with Lot 2 SP 116707 and the existing 3.5 metre vehicle access
driveway to serve Lot 1 SP 116707 as detailed on Drawing Number 02037-Site Revision A are
suitable for the proposed development.
The Applicant shall confirm that the driveway grades comply with Council’s design standards
and to grades that prevent vehicles from scraping and/or bottoming. Should any driveways be
constructed to grades that do not comply with AS2890.1-1993 and AS2890.2-1989, Council
will require that the driveway be removed and reconstructed to levels that do comply.
The Applicant shall demonstrate that the existing driveway complies by submitting a
longitudinal section of the existing driveway and proposed garage floor level at a scale of 1:20
or 1:50 in conjunction with the Operation Works Permit (Access).
9. All vehicles shall enter and leave the site in a forward direction.
Construction Vehicle Access
10. Park Road has to be used to enter this area, and it is subject to a 9 tonne load limit. The Shire
Engineer has approved the use of Upper Bayview road for the delivery of specialised items of
equipment that are essential to the work to proceed and which exceed 9 tonnes load limit.
This envisages an excavator and concrete pump truck but does not include the routine
delivery of construction materials including concrete, nor does it include spoil removal. The
Applicant will need to apply for approval for each specialised item.
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2003/220660
Carparking
11. A minimum of three (3) covered carpark spaces shall be provided on site.
12. The carparking area shall be designed to comply with the provisions of AS 2890.1-1993 for
user class 1 with a minimum head clearance (headroom) at any point of 2.2m.
13. All carparking shall be kept, maintained and line-marked in a condition fit for use.
Roadworks Contributions
14. A roadworks contribution of $2,672 towards the Coastal Major Road Network shall be paid to
the Council prior to obtaining a Development Permit for Operational Works. This amount will
be subject to variations in the Price Index, All Groups Brisbane from March 2003 until the date
of payment.
Stormwater Drainage
15. Roof and surface water is to be collected on site and is to be discharged into the existing inter
allotment discharge pipe located adjacent to southern property boundary.
16. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
17. The site shall be connected to Council’s existing sewerage reticulation systems and be
constructed in accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
18. The site shall be connected to Council’s existing town water supply and be constructed in
accordance with Council’s standards and requirements at no cost to Council.
Service Easements
19. A minimum setback of 2.1 metres shall be maintained from the private sewer in accordance
with the requirements of the Building Units and Group Titles Act, 1980.
Earthworks
20. A Registered Professional Engineer Queensland shall certify all retaining wall and deep
footing designs and certify that he or she has supervised all engineering works an that all
works have been completed in accordance with the relevant Australian Standards and the
Morrison Geotechnic report dated 7th April 2003 and best engineering practice.
21. The site will require the design of a soil retaining system by a Structural Engineer. Clearance
shall be obtained from Council’s Manager of Building as part of the process of obtaining a
Development Permit for Building works.
22. A Geotechnical engineer must be on site to supervise and direct all excavations works and
foundation constructions (i.e. Level 1 supervision in accordance with AS 3798-1996). Such
work shall only be carried out during dry weather conditions. Should any risk of sand
movement occur - all work shall be suspended until steps (approved by the Geotechnical
Engineer in conjunction with Council’s Manager Building Services) have been taken to ensure
that no further slippage will result.
23. Filling works required on site shall be carried out in accordance with Section 3.8 of Council’s
Engineering Design Standards Manual and so as not to cause the ponding of water on any
adjoining lands or the blockage of, or interference with, any natural watercourses.
This will require the design and construction of drainage pipes within the development site that
cater for drainage within the adjoining sites and in this regard a Development Permit for
Operational Works shall be obtained.
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2003/220660
Erosion and Sediment Control
24. 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 plans detailing the methods of controlling erosion and sediment are required to
be submitted to the Council for approval prior to obtaining a Development Permit for
Operational Works.
Please note that prior to the commencement of any work on site all site control measures shall
be installed and the approved plan adhered to.
General
25. 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.
26. 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.
27. 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.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the Assessment
Manager conditions.
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.
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2003/220660
8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Building Dwelling
Operational Works Car Parking & Access, Stormwater Drainage,
Earthworks, Sediment & Erosion Control
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
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
2 May 2003 - Original Decision Notice.
27 February 2007 - Compiled Decision Notice
with amendment to
Condition 6.
16 June 2009 - Approved Change with
amendment to Condition 6.
Yours faithfully,
Kerri Coyle
COORDINATOR PLANNING APPLICATIONS (NORTH)
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2003/220660
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)
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2003/220660
(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)
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001AC754.001.pdfRelated documentPublic source context ↗
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