Decision Notice - 010.2007.00001992.001 [As Published] · 142007.1992

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NOOSA COUNCIL IDAS Development Application Decision Notice                                               2 of 8

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:       12/12/07




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                                       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. The approved plans are numbered and titled Site Plan 1 of 3 prepared by Southern Cross
       Design & Drafting and dated 14/02/07 and may be amended by these conditions.

2.     The area below the Duplex Dwelling shall not be used as a laundry, shall remain unformed and will
       maintain the natural ground level, ensuring that the building remains no higher than 8 metres or two
       storeys.

3.     The landscape construction is to be implemented in accordance with the amended landscape plan,
       planting schedule and horticultural industry best practices.

4.     Four Harpulia Pendula species 100 litres in size shall be placed in the front setback, as indicated on the
       amended Landscaping Plan.

5.     Four additional Callistemon and three additional Banksia Spinulosa or Boronia Falcifolia species 200mm
       in size shall be located on the northern side boundary and three additional Callistemon and three
       additional Banksia Spinulosa or Boronia Falcifolia shall be located on the southern side boundary, as
       indicated in the amended Landscaping Plan.

6.     All trees of 45 Litre pot size or greater are to be securely staked.

7.     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.

8.     All trees must be planted a minimum of 1 metre from all services.

9.     Street trees shall be located a minimum of 1 metre from the kerb and channel of Grant Street.

10.    This Development Permit lapses if the development has not happened by 11 December 2009, unless
       application to extend the currency is approved by Council.

Land Development

Frontage Works, Access, Car Parking, Stormwater Disposal, Sediment & Erosion Controls and Filling of the Site.

11.    The development shall be carried out in accordance with drawings Nos.

              1743-0-1A             dated 22 August 2007                  by Construction Hydraulics

              17320-OWP-1           dated September 2007          by SCG Consulting Engineers

              Site Plan Rev 2       dated 19 September 2007 by Southern Cross Design

              or as modified herein.

12.    Access to be constructed in accordance with details on drawing Site Plan Rev 3 by Southern Cross
       Design & Drafting.

13.    Roof and surface runoff connection to Council’s drainage system shall be as shown on drawing No. 1743-
       0-1A.




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14.    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.

15.    Council’s Construction Technical Officer – Mick Conroy (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.

16.    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.

17.    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.

18.    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).

19.    Council standards shall apply to these works unless otherwise modified herein.

20.    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.

21.    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.

22.    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.

23.    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.

24.    Safe pedestrian access on Grant Street 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.

25.    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. 17320-OWP-1, Council’s Manager – Land Development may request further controls to be installed
       should approved measures be inefficient.




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26.    The works to become Council assets will not be accepted "On Maintenance" until the landscaping is
       completed.

27.    These works are also to be in compliance with the relevant conditions of Development Permit No.
       2007/0643.

28.    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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                                      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 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

        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.      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.




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                                                    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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                                      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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