Council archive · source document
Negotiated Decision Notice [As Published] · 132009.1270
Officer: Glen Conforti
Direct Telephone: (07) 5449 5379
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2009/1270
Your Reference: 090322
29 January 2010
Soul Space Building Design
CARE BA Group
PO Box 670
NAMBOUR QLD 4560
Dear Sir/Madam
Negotiated Decision Notice
Integrated Planning Act 1997
I refer to your application and the representations you made in respect to the Decision Notice. On 25
January 2010 Council decided your representations.
Details of the negotiated decision are as follows:
1 APPLICATION DETAILS
Application No: 2009/1270
Street address: 32/512 David Low Way, Castaways Beach
Real property description: Lot 32 SP 111721
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 7 January 2010 decided to issue the following type of approval:-
Development Permit for Material Change of Use - Detached House
In relation to representations, Council on 25 January 2010 decided to:
A. Agree to amend Condition 3
B. Agree to delete Conditions 18 & 19
C. Issue a Negotiated Decision Notice
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and as
may be amended by these conditions.
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2009/1270
Plan No. Rev. Plan - Prepared by Date
WD01 A Site Calculations – Soul Space Building 6 November 2009
Design
WD02 A Site Plan – Soul Space Building 6 November 2009
WD03 A Site Setback Plan – Soul Space Building 6 November 2009
WD04 A Sub Floor Plan – Soul Space Building 6 November 2009
WD05 A Lower Floor Plan – Soul Space Building 6 November 2009
WD06 A Lower Floor Setout Plan – Soul Space 6 November 2009
Building
WD07 A Main Floor Plan – Soul Space Building 6 November 2009
WD08 A Main Floor Setout Plan – Soul Space Building 6 November 2009
WD09 A Upper Floor Plan – Soul Space Building 6 November 2009
WD10 A Roof Plan – Soul Space Building 6 November 2009
WD11 A Height Check Plan – Soul Space Building 6 November 2009
WD12 A Elevations – Soul Space Building 6 November 2009
WD14 A Sections – Soul Space Building 6 November 2009
WD15 A Sections – Soul Space Building 6 November 2009
WD16 A Sections – Soul Space Building 6 November 2009
WD17 A Sections – Soul Space Building 6 November 2009
WD22 A Landscape Plan & Existing Site Conditions– 6 November 2009
Soul Space Building
2. The development shall be carried out in compliance with the relevant requirements and
provisions of the Plan of Development (No 67).
Relevant Period
3. The Development Permit for a material change of use lapses if the use has not happened by
25 January 2014, unless an application to extend the currency is approved by Council.
Security Bond
4. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 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.
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Landscaping
5. 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,
5.1. the removal of vegetation shall not extend beyond 3 metres of the building footprint
of the Detached House.
5.2. disturbed vegetation within the setbacks shall be regenerated in accordance with
Council’s Landscaping Plants and Guidelines PSP 3 and as shown on the
Landscape Plan & Existing Site Conditions WD22 Revision A dated 6 November
2009.
5.3. screening vegetation consisting of native, endemic species shall be planted to the
setback to the northern boundary in accordance with Council’s Landscaping Plants
and Guidelines PSP 3.
6. All other vegetation shall be protected from interference resulting from clearing or
construction activities by:
6.1. Clearly marking vegetation to be retained with flagging tape;
6.2. Installing protective fencing around the drip line of the vegetation;
6.3. Stockpiling, storage and vehicle parking occurs in already cleared areas and does
not cause interference with vegetation; and
6.4. Low impact construction techniques are used around vegetation to minimise
interference with the vegetation.
7. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:
7.1. Processing through a woodchipper or shredder. The resulting mulch is to be
stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres high
with a minimum of 10 metres between edges of heaps.
7.2. Disposal for firewood.
7.3. Disposal for landscaping purposes.
8. The applicant is advised that burning off is an unacceptable method of disposal.
9. Landscape planting within 1.5 metres of the sewerage inspection opening must be Council
approved varieties and low growing when mature.
Building Height
10. The building height shall not exceed 8.0 metres above the natural ground level, finished
ground level and 2 storeys.
11. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of the work confirming compliance with the
maximum allowable building height (8m) as required by the Plan of Development (No. 67) on
plan ACA-1.
General
12. 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.
13. 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.
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14. All hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural).
15. Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings)
shall not be constructed under overhead electricity transmission lines, or within any
easements.
Vehicle Access and Car Parking
16. A vehicular access driveway to serve the development shall be constructed from the edge of
the existing road formation in the common property area at the front of the site with a
maximum width of 4.5m at the property boundary.
17. The driveway shall be designed and certified by a Registered Professional Civil Engineer
and constructed in accordance with Council’s standards, and to grades that prevent vehicles
from scraping and/or bottoming whilst also allowing pedestrians movements along the
footpath without any step or level difference. Should any driveways be constructed to
grades that do not comply with AS/NZS 2890.1-2004, Council will require that the driveway
be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is
preferred to have the footpath continue at a constant grade to minimise the potential for
pedestrians to trip or fall.
18. Deleted.
19. Deleted.
Roof Water and Stormwater Drainage
20. Roof runoff from the new dwelling shall be directed to a rainwater storage system or tank
that is installed to ensure water from the rainwater storage system or tank is used for
external uses (such as watering gardens, irrigation, ornamental ponds, water features,
topping-up swimming pools, outdoor cleaning, etc) and for internal (ground floor) use in
washing machine cold taps and toilet cisterns. All rainwater tanks are to be designed and
installed in accordance with the Queensland Development Code (QDC) current at the time of
building approval, and shall be part of the plumbing application for approval. The location
and capacity of the tanks shall be clearly shown on the plans submitted for the Building
Works approval.
21. Plans of the drainage design for the site shall be prepared and certified by a suitably
qualified Registered Professional Civil Engineer in accordance with Council’s standards and
requirements and be submitted as part of the application for Building Works.
All stormwater drainage (including roof water overflow from the rainwater storage system
and overland hard surface runoff) shall be collected and discharged so there is no net
increase in stormwater runoff from the site.
Subject to the engineer’s assessment and design, the stormwater drainage from the site
should be discharged into an existing drainage system or/and an infiltration system be
constructed within the allotment. The design must also insure that the stormwater disposal
from the site will not adversely impact on other properties (including the Common Property)
and/or the integrity and the stability of the sand dune.
22. All site stormwater drainage shall be by means of a gravity system.
Sewer and Town Water
23. Reticulated water supply and sewerage must be provided to the development and be
constructed in accordance with Council’s standards and requirements at no cost to Council.
24. Storm water retention systems and gross pollutant traps must maintain a minimum clearance
of 1.5 metres from the Council sewerage inspection opening within the development site.
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25. Construction works undertaken in the vicinity of Council water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs
associated with repair, replacement or alteration of Council’s infrastructure must be met by
the applicant
Erosion and Sediment Control
26. Any person acting on this permit shall prevent erosion on the site and the adjoining land 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, a plan detailing the methods of controlling erosion and sediment in
accordance with the Healthy Waterways document and fact sheet series titled “Controlling
Stormwater Pollution on your Building Site dated 2006” is required to be submitted with the
application for a Building Works Permit.
Earthworks
27. Filling works required on site shall be carried out in accordance with Council’s Planning
Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any natural
stormwater runoff.
28. 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.
29. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences or structures that border the development site. Fences that are affected shall be
replaced prior to the Final Building Inspection by the Building Certifier. In this regard any
fences to be replaced shall be clearly shown on the plans submitted for Building Works
approval.
30. 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.
Site Stability
31. A registered Geotechnical Engineer or similar qualified expert shall assess the soil condition
on site, determine the soil classification, establish whether any measures are required to
protect the stability of adjoining buildings and/or structures and/or land, and make
recommendations on the type of foundation system(s) best suited for the proposed
development. The recommendations of this report shall be incorporated into the design and
construction of the proposed development and the associated civil works (eg stormwater
drainage disposal, earthworks) and be part of the application for Building Works.
32. Should the recommendations of the geotechnical report require any part of the works
(including excavation, retaining structures, tie backs etc) to be temporarily or permanently
constructed within any adjoining property a letter of authority from the adjoining property
owner shall be obtained prior to the issue of Development Permit for Building Works.
33. Prior to the Final Building Inspection by the Building Certifier, a certification of the completed
works must be provided by the supervising engineer. The certification(s) shall state that the
completed works, including but not limited to: earthworks, stormwater drainage works, on-
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site infiltration etc are in compliance with Council’s standards, conform with all aspects of the
design and that the completed works will not have any adverse impacts on the stability of
adjoining buildings and/or structures and/or services and/or lands and the sand dune.
Contribution Towards Council Infrastructure
34. Monetary contributions shall be paid to Council towards the cost of providing and/or
upgrading various infrastructure at the rates applicable at the time of payment. An estimate
only of the contribution amounts under the current Council policies and requirements is
outlined in the table below:
Contribution Required For: Amount:
PSP20 – Pathway Trunk Network Contributions $727
$727
TOTAL Contribution Amount =
Please note that these amounts are all subject to variations in the Consumer Price Index,
All Groups Brisbane from September 2009 until the date of payment.
All contributions must be paid prior to commencement of the use
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Not applicable
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
WD01 A Site Calculations – Soul Space Building 6 November 2009
Design
WD02 A Site Plan – Soul Space Building 6 November 2009
WD03 A Site Setback Plan – Soul Space 6 November 2009
Building
WD04 A Sub Floor Plan – Soul Space Building 6 November 2009
WD05 A Lower Floor Plan – Soul Space Building 6 November 2009
WD06 A Lower Floor Setout Plan – Soul Space 6 November 2009
Building
WD07 A Main Floor Plan – Soul Space Building 6 November 2009
WD08 A Main Floor Setout Plan – Soul Space 6 November 2009
Building
WD09 A Upper Floor Plan – Soul Space Building 6 November 2009
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WD10 A Roof Plan – Soul Space Building 6 November 2009
WD11 A Height Check Plan – Soul Space 6 November 2009
Building
WD12 A Elevations – Soul Space Building 6 November 2009
WD14 A Sections – Soul Space Building 6 November 2009
WD15 A Sections – Soul Space Building 6 November 2009
WD16 A Sections – Soul Space Building 6 November 2009
WD17 A Sections – Soul Space Building 6 November 2009
WD22 A Landscape Plan & Existing Site 6 November 2009
Conditions– Soul Space Building
7 ADVISORY NOTES
The following Advisory Notes 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. The applicant is advised that development contributions and infrastructure charges
applicable to this development approval have been based on the following Uses Class/ Uses
and applicable quantities:-
Existing Development Approved Development
Existing Use Class Approved Use Class /
Existing Quantity Approved Quantity
/ Use Use
Detached House Vacant Land Detached House 1 Dwelling
3. The applicant is advised that a Compliance Permit for all plumbing and drainage works
within the boundaries of the development site shall be obtained from Council’s Plumbing
Services Section prior to obtaining a Development Permit for Building Works.
4. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the estimated amount of $3,003 and is subject to variations in the
Consumer Price Index, All Groups Brisbane from September 2009 until the date of
payment. An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the
Integrated Planning Act 1997.
5. The applicant is informed that payment via credit card transaction will not be an acceptable
method of payment for development contributions conditioned in this permit or for
infrastructure charge notices issued separately.
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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
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All Building Works
11 SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Not applicable
12 SUBMISSIONS
Not applicable
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
14 RIGHTS OF APPEAL
You have continuing appeal rights in respect of Council’s decision on your application. Refer Section
4.1.27. of the Integrated Planning Act 1997.
15 OTHER DETAILS
Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice is attached in compliance with Chapter 5 of the Integrated Planning Act
1997
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Should you wish to obtain more information about Council’s decision, electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Decision Notice History
7 January 2010 - Original Decision Notice.
25 January 2010 - Negotiated Decision Notice
with amendment to
Condition 3 & deleted
Conditions 18 & 19
Yours faithfully,
Glen Conforti
Planning Technical Officer
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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 may 4.1.29.(1) An advice agency may, within the limits of its
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 any assessment; and
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
(e) a deemed refusal. decision notice is given to the advice agency as a
submitter.
(2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the “applicant’s appeal Appeals for matters arising after approval given
period”) after the day the decision notice or negotiated (co-respondents)
decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be started at development application, a person to whom any of the
any time after the last day a decision on the matter should following notices have been given may appeal to the
have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for extension
4.1.28.(1) A submitter for a development application may of the relevant period for an approval;
appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including any minor change to an approval.
conditions (or lack of conditions) or other provisions (2) The appeal must be started within 20 business
of the approval; or days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the approval
days (the “submitters appeal period”) after the day the resulted from a development application (superseded
decision notice or negotiated decision notice is given to planning scheme) that was assessed as if it were an
the submitter. application under a superseded planning scheme.
(3) If a person withdraws a submission before the (4) Also, a person who has made a request
application is decided, the person may not appeal the mentioned in subsection (1) may appeal to the court
decision. against a deemed refusal of the request.
(4) If an application involves both impact assessment (5) An appeal under subsection (4) may be started at
and code assessment, appeal rights for submitters are any time after the last day the decision on the matter
available only for the part of the application involving should have been made.
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
would have required public notification under the 4.1.31.(1) A person to whom any of the following notices
repealed Act. 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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(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
charges schedule or regulated State infrastructure
Division 3 – Appeals to tribunals relating to
charges schedule.
development applications
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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