Decision Notice - 010.2007.00001111.001 [As Published] · 132007.1111

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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
 Development Permit for Building Works               All Building Works

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                              Date:      9 August 2007




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                       3 of 8




                                           Noosa Council Conditions
                                           INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


General
1.    Development undertaken in accordance with this approval must generally comply with the approved plans
      of development. The approved plans are titled and numbered Landscape Plan, prepared by Terra Firma,
      and dated July 2007 and DA.02 – DA.13 (revision C) prepared by Bark Design Architects and dated 8
      June 2007 and as may be amended by these conditions and annotations on the plans.

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.    The building shall not exceed 2 stories and 8 metres in height above natural ground level.

4.    A minimum of 20% of the site is to be maintained as soft landscaping, as defined by The Noosa Plan.

5.    The Syzygiym luemannii, as shown on the approved landscaping plan, shall be replaced with either of the
      following species:-
                   Allocasuarina equisetifolia                 Horsetail She-Oak
                   Allocasuarina littoralis            Black She-Oak

6.    All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
      (LPG or natural).

7.    A rainwater storage tank with a minimum capacity of 5000 litres shall be provided on site to service the
      detached house. The tank is to be installed to ensure water from the tank can be used both:

      7.1.        for external use such as watering gardens, irrigation, ornamental ponds or water features, topping
                  up swimming pools, outdoor cleaning; and

      7.2.        for use in flushing of toilets internal to the building.

8.    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. In this regard, the removal of
      vegetation shall not extend beyond 3 metres of the building footprint of the Detached House.

9.    Security in the form of a cash bond or trading bank guarantee to the sum of $2,500 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.

10.   Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) are not
      constructed under overhead electricity transmission lines, or within any easements.

11.   A geotechnical report, prepared by a registered professional engineer shall be obtained, and it should
      either:-

      11.1. certify that the site is not at risk from landslide emanating from the site or from other land; or

      11.2. 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.

12.   External colours and finishes of the building shall comprise of muted/environmental tones that blend with
      the natural environment.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                       4 of 8


Building Demolition

13.   Infrastructure including reticulated water, sewerage, stormwater, and electricity are to be protected from
      damage and made safe to the standard required by the regulatory authority;

14.   All infrastructure must be disconnected, capped or sealed including:-
             electricity meters removed and electrical wires disconnected; and

             telephone lines are disconnected; and

             high speed data cables and television provider boxes are disconnected and removed to the
             standard required by the regulatory authority;


15.   All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging,
      must be removed from the building and disposed of in accordance with industry best practice.

16.   Waste generated during construction must be stockpiled in a centralised location and covered as required
      to prevent material being blown onto adjoining properties including the road reserve or food waste from
      generating vermin. All site waste must be disposed of to an approved waste disposal facility either directly
      or via an approved waste receptacle and collection service. Storage areas are to be located near the
      temporary access to the site so that access can be gained with out damage to infrastructure.

17.   All building materials containing asbestos products must be disposed on in accordance with industry best
      practice.

18.   A temporary crossing must be provided to protect road reserve infrastructure including kerb and channel;

19.   Any damage to footpaths, street plantings, kerb and channel or roadways at the removal site, the
      relocation site or between the sites must be repaired or reinstated to at least pre-existing conditions.

20.   Sediment and erosion control measures must be placed on site prior to the works commencing and shall
      be maintained until all works are complete. The erosion and sediment control measures shall be in
      accordance with the “Best practice guidelines for control of stormwater on building sites” prepared by
      Healthy Waterways (copy attached or available at www.healthywaterways.org).

21.   All disturbed areas must be revegetated or otherwise stabilised at the completion of the works. Disturbed
      areas are revegetated using species identified in PSP3 – Landscaping Plants and Guidelines.

22.   The transportation of all materials to and from the site must be undertaken in a manner such that no
      particle matter escapes onto a public road. All vehicles carrying out materials either to or from the site
      shall be covered to prevent materials including dust being windblown from the vehicle.

23.   A Waste Management Plan shall be submitted for the demolition to the Land Use Section of Noosa
      Council, prior to the development permit for building works being issued. The Plan shall contain the
      following information:-
      MATERIALS ON-SITE                               DESTINATION
                                                      Re-use and Recycling            Disposal
      Expected        waste   Estimated volume (m³)   On-site       *specify   Off-site   *specify   *Specify contractor
      materials                                       proposed   reuse or      contractor       &    & landfill site
                                                      onsite       recycling   recycling outlet
                                                      methods
      Excavation material
      Green waste
      Bricks
      Concrete
      Timber – please
      specify
      Plasterboard
      Metals – please
      specify
      Asbestos
      Other – please
      specify
      NOTE: Details of site area to be used for onsite separation, treatment and storage (including weather
      protection) shall be provided on the plan drawings accompanying your application.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                            5 of 8


Currency

24.   The Development Permit for a material change of use lapses if the use has not happened by 9 August
      2011, unless an application to extend the currency is approved by Council.

25.   The Preliminary Approval for building work lapses if the use has not happened by 9 August 2009, unless
      an application to extend the currency is approved by Council.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                     6 of 8



                                      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.      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).

3.      Asbestos must be removed carefully and transported safely by licensed operators, to minimise the release
        of fibres. Prior to disposal at our Noosaville Landfill, 48 hours notice to the waste contractor is to be
        provided Cleanaway, on 54491979, is required.

4.      In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement,
        concrete, builder’s waste or rubbish must not be permitted to enter or be placed where it could
        reasonably be expected to move into a roadside gutter, storm water drain or a watercourse. On the spot
        fines apply for such offences.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                           7 of 8



                                                    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
       (2) The appeal must be started within 20 business                  approval resulted from a development application
                                                                          (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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NOOSA COUNCIL IDAS Development Application Decision Notice                                       8 of 8

                                      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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