Decision Notice · 142006.932

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NOOSA COUNCIL IDAS Development Application Decision Notice         06/0932 16 May 2006           2 of 7

10.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

11.    ASSESSMENT MANAGER

 Name:      Mike Froude                    Signature:                       Date:   16.05.2006




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NOOSA COUNCIL IDAS Development Application Decision Notice                        06/0932 16 May 2006                          3 of 7




                                          Noosa Council Conditions
                                          INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


This Decision Notice is issued subject to and conditional upon the relevant Approved Development Permit having been
granted to the applicant.

Special Conditions

1.     Proposed sewer is located within a layer of peat and as such requires additional bedding and support to guarantee
       integrity of the system. Method of sewer support must be submitted and approved by Water & Sewerage Capital
       Works Manager prior to commencement of works on-site.

2.     Appropriate silt and sediment control devices to be in place prior to commencement of works.

3.     Dewatering - Council will allow discharge of the dewatering process to existing Council sewers which discharge to
       Pump Station NV2 in Mill Street providing rate of discharge does not impose any detrimental effects on the
       sewerage pump station. Council’s Sewerage Pump Station Foreman, Martin Pratt, Ph. 5440 9136 shall be
       contacted to arrange appropriate monitoring of process.

       Should rate of discharge be unsuitable, the dewatering process is to cease immediately and alternative
       arrangements made for treatment and disposal of water produced.

4.     Acid sulphate soils management plan to be approved prior to commencement of works.


1.     A copy of the job specification is to be provided to Council’s Inspector within seven (7) days of the date of this Decision
       Notice, and prior to commencement of works.

2.     The names of any proposed contractors for works are to be submitted in writing, together with copies of current Public
       Liability and Workers Compensation Insurances together with certificates of currency for those policies, for consideration
       by the Assessment Manager seven (7) days prior to pre-start meetings and commencement of works.
       A separate letter will then be issued approving the contractor (or otherwise) for the works. No other contractor or
       subcontractor shall be engaged to carry out the works or any part of the works without the written approval of the
       Assessment Manager.

3.     Council’s Water & Sewerage Inspector shall be given (7) days notice of intention to commence works. A pre-start
       meeting shall be arranged prior to commencement of works by contacting Council’s Water & Sewerage Inspector, Mr
       Trevor Mourilyan, Ph. 0417 780 830. Inspector is only available for pre-start meetings, inspections and testing etc.
       between the hours of 6:30am to 4:00pm, Monday to Friday. Inspector will not be available outside these hours unless
       prior approval is obtained from the Water & Sewerage Capital Works Manager with any costs incurred by Council outside
       the hours nominated above, met by the Contractor/Developer. These costs will be in addition to normal inspection fees.

4.     Notwithstanding that Council has checked the plans with due care, where it is found during construction that variations
       exist with Council's standards, Council standards shall apply.

5.     It is the responsibility of the applicant to ensure that its consultants and contractors take all reasonable care during the
       construction of the engineering works to ensure that Council property or facilities (such as underground drainage, water
       supply and sewerage) 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 Assessment Manager and shall forthwith rectify the damage to that property or
       facility at its cost to the satisfaction of the Assessment Manager prior to the sealing of the survey plan and/or acceptance of
       the works on-maintenance. 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 sealing of the survey plan and/or
       acceptance of the works 'on maintenance' provided that in the case of emergency, the Council shall be entitled to rectify
       such damage at the cost of the applicant such cost being paid prior to the sealing of the survey plan and/or acceptance of
       the work 'on maintenance'.

6.     The Contractor shall make all necessary arrangements for supply of water required for construction works. The use of
       hydrant standpipes on Council mains will NOT be permitted. Contractors should contact Council’s Water Section on
       phone 5449 5254 to obtain an application form for issue of a key to access Council’s water tanker filling stations.
       Conditions of access and location of filling stations are detailed on the application form.




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NOOSA COUNCIL IDAS Development Application Decision Notice                       06/0932 16 May 2006                        4 of 7


7.      All sewerage reticulation mains are to be inspected by closed circuit television (CCTV) prior to acceptance 'on
        maintenance'.
        CCTV inspection will be carried out by Council's CCTV contractor and arranged by Council following satisfactory
        completion of construction works. The developer will be responsible for the full cost of CCTV inspection, including any
        additional inspection necessary following defect identification and rectification . This charge is payable prior to
        commencement of works and will be determined on the unit rate basis current at the time of approval.

8.      All signage, including that for safety during construction shall be in accordance with the Manual of Uniform Traffic
        Control Devices and Main Roads Department Roadworks Signing Guide.

9.      As Constructed drawings in both hardcopy and digital format (ADAC) to the standards and requirements of the
        Assessment Manager are required for Council records. Such 'as constructed' drawings will be required prior to works
        being accepted "on maintenance", where applicable. Requirements for "as constructed" information are detailed in the
        current version of Council's Engineering Design Standards (Water & Sewerage) Manual.
        Release of plans of survey and/or acceptance of the works on-maintenance will not be considered until lodgement of
        satisfactory 'as constructed' records.
        Please note that bonding of outstanding works will not be considered by Council.

10.     The Consulting Engineers for the project, Callaghan & Toth, are responsible for arranging all inspections and ensuring that
        all relevant details required by Council are supplied. The attached Water and Sewerage Inspection Report form is to be
        kept by you and presented to Council's Inspector at each stage of the development requiring a meeting or inspection. The
        Inspector will sign the form at each stage when conditions have been satisfied. The works will be accepted 'on
        maintenance' when this form, signed by the Inspector for each stage, is returned with a letter requesting that it go 'on
        maintenance'.

11.     It is Council policy that a maintenance bond be imposed on construction works during the maintenance period. The
        maintenance bond shall be 5% of the agreed value of the development obligations, or $1,500 whichever is the greater
        amount. This bond must be lodged by (and shall only be accepted from) the Developer for the works.

12.     Construction work and other associated activities are permitted only during the hours of 7:00am and 6:00pm Monday to
        Saturday. No work is permitted on Sundays or public holidays, except where extended hours are approved by the
        Assessment Manager or his nominee.

13.     Cut-ins to existing live sewer are to be performed by Approved Contractor. Noosa Council Works Inspector shall be
        present during any work on live sewer undertaken by contractor. An additional fee of $140.00 (included below) is
        required to cover costs associated with these live sewer works.

14.     Fees applicable to the above project are listed below:-

        Plan Examination                         $ 710.00
        Inspection Fee                           $ 710.00
        Checking as-constructed data             $ 120.00
        CCTV fee                                 $ 420.00
        Live sewer inspection                    $ 140.00
        BALANCE                                  $ 2,100.00       (Journalled from Job No.195850 - 16.05.06)


Copies to -

WSI-1 - please note the approval of attached plans.
AOD-2 to note
CTOD




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NOOSA COUNCIL IDAS Development Application Decision Notice                    06/0932 16 May 2006                    5 of 7



                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

   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
   Division 8 - Appeals to                   court     relating     to    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 development              a development approval for a 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
       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 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 the
       (3) An appeal under subsection (1)(e) may be                       following notices have been given may appeal to the
   started at any time after the last day a decision on 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 started
      (4) If an application involves both impact
                                                                          at any time after the last day the decision on the
   assessment and code assessment, appeal rights for
                                                                          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         06/0932 16 May 2006   6 of 7


(b) a notice under section 6.1.442 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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               WATER & SEWERAGE INSPECTION REPORT FORM
   Job Name: ………………………………                                     File: ………………………………….
   Consultant: ……………………………….                                  Contractor: …………………………………


                                            Date               Officer               Remarks
   Approved Drawings Rec’d
   Insurances Checked
   Pre-start Meetings
   Approved Plumber
   Pressure Tested Sewer
   Manholes Tested
   Pressure Tested Water
   Water Service Inspection
   CCTV
   Cert. Practical Completion
   On Maintenance Inspection
   Pump Station Inspection
   OK for Cut-ins


   Defects




   Details Rectified
   As Con Drawings Accepted
   Survey Marks in Place
   Blocks, Easements Pegged
   Accepted Off Maintenance


   Comments




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