Council archive · source document
Decision Letter - Change to an Existing Approval [As Published] - 132005.699.03
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2005/699
9 March 2010
CBD Settlers Cove Pty Ltd
PO Box 1923
NOOSA HEADS QLD 4567
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 5 March 2010 Council decided
to approve your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 2005/699
Street address: 10 Serenity Close NOOSA HEADS
Real property description: Lot 5 SP 195871
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 13 October 2005 decided to issue the following type of approval: -
Development Permit for Material Change of Use - Multiple Dwelling (42 Units)
In relation to the request to make a change to the existing approval, Council on 1 August 2008
decided to: -
A. Approve a change to Conditions 1, 3, 5, 9, 30, 31, 32, 34 & 36
B. Delete Conditions 19 & 35
C. Include an additional condition
D. Issue a Change to an Existing Approval
In relation to the request to make a change to the existing approval, Council on 18 December 2008
decided to: -
A. Approve a change to Conditions 24 & 46
B. Issue a Change to an Existing Approval
In relation to the request to make a change to the existing approval, Council on 5 March 2010
decided to:-
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2005/699
A. Approve a change to Condition 16.
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered:
Plan / Rev. Plan / Document Name Date
Document No.
2847-DA-02 01 Site Views – Blackburne Jackson 04-04-08
Design
2847-DA-03 01 Calculations – Blackburne Jackson 04-04-08
Design
2847-DA-04 01 Villa Lower Floor Plan – Blackburne 04-04-08
Jackson Design
2847-DA-05 01 Villa Upper Floor & Carpark Plan – 04-04-08
Blackburne Jackson Design
2847-DA-06 01 Villa Terraces & Lot 5-6 Units Level 1 04-04-08
Floor Plan – Blackburne Jackson
Design
2847-DA-07 01 Lot 5/6 – Level 2 Floor Plan – 04-04-08
Blackburne Jackson Design
2847-DA-08 01 Lot 5/6 – Level 3 Floor Plan – 04-04-08
Blackburne Jackson Design
2847-DA-09 01 Lot 5/6 – Level 4 Floor Plan – 04-04-08
Blackburne Jackson Design
2847-DA-10 01 Lot 5/6 – Roof & Terrace Plan – 04-04-08
Blackburne Jackson Design
2847-DA-11 01 Elevations – Blackburne Jackson 04-04-08
Design
2847-DA-12 01 Auxillary Buildings – Blackburn Jackson 04-04-08
Design
2847-DA-13 01 Sections Sheet 1 – Blackburne Jackson 04-04-08
Design
2847-DA-14 01 Sections Sheet 2 – Blackburne Jackson 04-04-08
Design
2847-DA-15 01 Carpark Allocation Plan – Blackburne 04-04-08
Jackson Design
2847-DA-16 01 GFA – Villas – Blackburne Jackson 04-04-08
Design
2847-DA-17 01 GFA – Level 1 & 2 – Blackburne 04-04-08
Jackson Design
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2005/699
2847-DA-18 01 GFA – Level 3 & 4 – Blackburne 04-04-08
Jackson Design
and as may be amended by these conditions.
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 open space and setback areas within the area of the site able to be developed excluding
the area of the site included in the Retained & Enhanced Vegetation, are to be landscaped in
accordance with Council’s Policy on Landscaping Guidelines and a properly prepared
landscape plan. Such landscaping is to be completed prior to the premises being occupied
and maintained at all times thereafter and shall include:
3.1. retention of existing trees within the side and front setback areas, except where their
removal would be necessary as a result of approved building or operational works;
3.2. retention of existing trees between the building and the area of the site identified as
Open Space Conservation & Waterway on Drawing No. 881228/E, titled ‘Metes &
Bounds Plan for Private Open Space for Conservation and Waterways Protection on
Residential High Density (RHD) and dated 30 June 2004, except where their removal
would be necessary as a result of approved building or operational works or the
requirements of the Bushfire Management Plan;
3.3. incorporation of koala and glossy black cockatoo food trees; and
3.4. mature planting, including a minimum of 3 x 100 litre native trees and 20 x 45 litre native
trees.
4. The Eucalyptus tereticornis trees and their surrounding native vegetation on the area of Lot 5
(Development Approval 23118 DA) shall not be cleared until at least 25 Eucalyptus tereticornis
trees have been planted, are well established and attained 3 metres in height, in the Private
Open Space for Conservation & Waterways Protection area on Lot 5. These works shall be
undertaken pursuant to the Environmental Management Plan (EMP1) prepared by WBM
Oceanics Australia and dated 25 July 2005 and the Ecological Restoration Plan &
Specifications prepared by C&B Group and dated May 2005.
5. An easement in favour of the general public shall be provided over the pathway proposed
along the site’s southern boundary and through the Private Open Space for Conservation &
Waterways Protection Area as shown on drawing No. 0215.5-6.SK04A prepared by Stephen
Kidd Design or alternatively as shown on drawing no. 2847-DA-06 prepared by Blackburne
Jackson Design and dated 4 April 2008. The pathway shall be constructed to provide for
pedestrian access for the general public during daylight hours 7am to 7pm, 7 days a week and
shall be constructed in accordance with the approved Management Plans for the site.
6. Any fencing provided in conjunction with the development is to be setback at least 1 metre
from the road frontage with at least half of any fence setback 2 metres. Dense landscaping is
to be provided between the road frontage and any fencing.
7. The balustrade of the rooftop terraces shall be setback 1 metre from the roof edge in
accordance with the Planning Scheme.
8. The rooftop terraces shall not be covered, with any fixed structure or the like.
9. The plunge pool/spas shall be setback a minimum of 6 metres from the Private Open Space
for Conservation & Waterways Protection, apart from those shown on Drawing No. 2847-DA-
19 prepared by Blackburne Jackson Design and dated 18 April 2008, with excavations
undertaken to minimise any impacts on vegetation in the adjoining Private Open Space for
Conservation & Waterways Protection area.
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2005/699
10. The building shall not exceed 15 metres in height measured from the natural and finished
ground level in accordance with the Planning Scheme.
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 building height above natural surface, required by the provisions of the Planning
Scheme.
12. Existing trees on the site and within road reserves are to be retained except where required to
be removed due to building operations, requirements of the Bushfire Management Plan & the
Ecological Restoration Plan or the conduct of the approved use.
13. Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
14. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 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.
15. 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.
16. This Development Permit for a material change of use lapses if the use has not happened by
13 October 2011, unless an application to extend the currency is approved by Council.
17. 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.
18. All hot water systems installed shall be either solar systems; electric heat pump systems or
gas systems (LPG or natural).
19. Deleted.
20. The proposed development shall have all kitchen, laundry and bathroom fittings that comply
with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water
Efficient Products – Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and
Drainage Standard Part 1.2), with toilets to comply with AAAA Water Conservation Rating
System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.
Dishwashers, baths, spa baths and washing machines are excluded from this requirement.
Building Services
21. 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 building height above natural surface, required by the provisions of the Planning
Scheme.
22. Numerous geotechnical reports for this site have been tendered since 1979 and these have
been sourced and referenced so the following conditions apply to the site without reference to
Council’s Consulting Engineer - Coffey Geosciences.
22.1. There is to be no uncontrolled discharge of water onto the slope;
22.2. Stripping of vegetation for construction purposes should be minimised. If vegetation is
destroyed it should be reinstated immediately after construction is completed;
22.3. Additional load due to fill, construction equipment or stockpiled materials should not be
located on the dune slope;
22.4. Vibration monitoring is to be carried out by the geotechnical engineer and appropriate
action taken should vibration effects be a concern.
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2005/699
22.5. A RPEQ is to be engaged by the client to oversee the piling works.
22.6. The construction of the whole of the foundations is to be carried out in accordance with
the recommendations of the applicant’s consulting Geotechnical engineer, including any
on-site supervision required by these recommendations. Such works shall only be
carried out during dry weather conditions and if there is a risk of sand movement
occurring, all work shall be suspended until such steps, approved by the applicant’s
consulting Geotechnical engineer have been undertaken to ensure that no further
slippage will result.
Land Development
23. All relevant conditions of Development Permit 23118 DA shall be complied with prior to the
use approved under this permit (2005/0699) commencing.
Lot Amalgamation
24. All separate, adjoining lots that form part of this application shall be amalgamated into one
undivided lot in accordance with Section 3.7.3 of the Integrated Planning Act and the Plan of
Survey submitted for registration at the Land Titles Office. Proof of titles being issued for the
amalgamated lot shall be submitted to Council prior to the endorsement of the Community
Management Statement.
Vehicle Access
25. A 5.5 metre wide concrete crossover driveway shall be constructed from Serenity Close
generally in accordance with Council’s Standard Drawing 9002.
26. The driveway shall be designed and constructed to Council’s design standards and to grades
that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians
movements along the footpath without any level difference. Should any driveways be
constructed to grades that do not comply with Council’s Standards or AS2890.1-2004, 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.
27. All vehicles shall enter and leave the site in a forward direction.
28. Full engineering details of the proposed driveway and carparking area shall be submitted for
approval prior to obtaining a Development Permit for Operational Works.
Internal Driveways
29. The development shall have an internal driveway that complies with the width and grade
requirements as set out in AS2890.1-2004.
Service Bay
30. A shared service bay for small delivery/maintenance vehicles and visitor parking shall be
made available on site. This space shall be clearly line-marked and sign posted for use by
Service Vehicles between the hours of 6am to 6pm. Outside of the specified hours the space
could be used as a standard visitor space.
Carparking
31. Carparking shall be provided within the site as generally shown on drawing number 2847-DA-
15 issue 01 dated 04/04/2008 prepared by Blackburne Jackson Design, except as modified
herein.
32. A minimum of 94 carpark spaces shall be provided on site generally as shown on drawing
number 2847-DA-15 issue 01 dated 04/04/2008 prepared by Blackburne Jackson Design,
comprising:
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2005/699
32.1. Eighty eight (88) under cover resident and visitor carpark spaces (within the basement),
including 2 disabled space.
32.2. Six (6) uncovered carpark spaces (towards the frontage of the building and the
development site), consisting of 5 standard spaces and 1 disabled space.
32.3. Uncovered visitor space number 92 adjacent to the building shall be designated and
sign posted for Staff/Caretaker or Manager Parking.
33. All carparking areas shall be designed to comply with the provisions of AS 2890.1-2004 with a
minimum head clearance (headroom) at any point of 2.2m.
34. All carpark spaces shall be clearly defined by line marking each space and by providing
appropriate signage. To this extent:
34.1. Two (2) of the single carpark spaces within the basement (numbered 13 and 15) must
be line-marked and signed specifically as a disabled carparking space.
34.2. The tandem carpark spaces within the basement must be line-marked and signed so
that visitors can only park behind the car parking space assigned to the resident that
they are visiting. For example, if space number 78 is assigned to Unit 35, then space
number 77 must be assigned as a visitor space for Unit 35.
34.3. One (1) of the uncovered carpark spaces (towards the frontage of the development)
must be line-marked and signed specifically as a disabled carparking space..
34.4. It is recommended that car space numbered 14 shall be used as a shared service bay
for small delivery/maintenance vehicles. This space shall be clearly be line-marked and
signed specifically for “Service Vehicles” between the hours of 6am to 6pm..
34.5. Four (4) of the uncovered carpark spaces (towards the frontage of the development)
must be line-marked and signed specifically for “Visitor Parking Only”. In addition, these
spaces shall be restricted to short term parking only with a maximum time limit of 2
hours. These including one (1) designated for disable parking.
34.6. All carparking spaces as defined shall remain as parking spaces and are not to be
converted to storage or enclosed.
The requirements of this condition are to be included in the Community Management
Statement for the development.
35. Deleted.
36. Carparking spaces adjacent to the car turning areas shall be provided with a bollard or other
similar device to protect any vehicle parked in these spaces from being damaged by vehicles
using the turning areas.
37. Vehicle speeds within the basement shall be controlled by appropriate advisory speed signs
and through the provision of speed humps.
38. Access to the visitor car parking in the basement shall be controlled via an intercom system,
which ensures that these spaces are available to visitors.
39. A small sign shall be installed within the site (in a clearly visible location for all vehicles to see
near the entry gates) to advise visitors that visitor car parking spaces are provided within the
basement carpark and to use the intercom system to contact the manager or the unit they are
visiting to enable entry to the basement and to these spaces.
Vegetation Protection
40. All trees to be retained shall be clearly defined on all drawings and clearly marked on site to
prevent any damage occurring to these trees.
41. Any works required within the drip zone of any trees to be retained shall be carried out by
hand, not by machinery.
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2005/699
42. The internal driveway (or any other form of hard pavement for that matter) within the drip zone
of any trees on site to be retained shall be designed to allow the flow of water through the
pavement or be designed to direct stormwater runoff to the trees root system. To this extent
the uncovered visitor spaces towards the frontage of the development may be able to
incorporate Grass Rings or a similar device that allows water penetration.
43. All pavements shall be constructed so as not to damage the root system of any trees to be
retained and in this regard temporary fencing shall be provided around the trees during
construction to help protect them.
44. Plans shall be submitted to the Council for approval that clearly show the type and extent of
pavements proposed, how they comply with the above conditions and also illustrating any
temporary fencing to protect the trees prior to obtaining a Development Permit for Operational
Works.
Frontage Works
45. Footpath improvements such as topsoiling, grassing, and tree planting are required to the
Serenity Close frontage of the site (if not already provided) in accordance with Planning
Scheme Policy PSP1 Landscaping Guidelines. Grass shall be couch, free of weeds.
46. A new 1.5 metre wide concrete path shall be constructed along the Serenity Close frontage of
the site (if not already provided) in accordance with Council’s design standards and to an
alignment that protects any significant vegetation or any underground services.
47. All paths shall be designed and constructed to ensure pedestrian safety using non-slip
materials and to produce an evenly graded surface finish.
Stormwater Drainage
48. A stormwater management plan shall be prepared by a RPEQ, specialising in stormwater and
water quality management incorporating the principles of the Environmental Management Plan
for the Settlers Cove Development 23118DA, that demonstrates water reuse strategies,
infrastructure capacity and effective treatment methodology. The use of rainwater harvesting
tanks for irrigation purposes shall be incorporated in the overall design plans. These plans
shall be submitted to Council for approval prior to obtaining a Development Permit for
Operational Works.
49. All stormwater drainage shall be collected on site and discharged so there is no net increase
in stormwater runoff from the site.
50. A stormwater holding tank shall be provided on site with a capacity to hold at least 40,000
litres of water for the purpose of providing non-potable water supply to landscaped areas.
51. On site swale drains will be required to capture and direct any overland stormwater runoff to
the Infiltration Pits proposed on site. These swales shall be sized to carry a 3-month storm
event and plans detailing their capacity, location, length, width and grades shall be submitted
to Council for approval.
52. To ensure polluted run-off does not enter any of the proposed Infiltration Pits, and ultimately
the water table, stormwater run-off from the carparking areas and the driveways shall have the
first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor (or similar
device) provided on site prior to discharging into the infiltration pits.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
arrestors, which shall be submitted to the Council for approval prior to obtaining a
Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the Community Management
Scheme for the development and a copy of this shall be provided for Council’s records prior to
commencement of the approved Use.
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All other clean stormwater, such as roof water, can be collected on site and discharged
directly into the infiltration pits, bypassing the grease/oil arrestor.
A Development Permit for Building Works shall not be granted until a Development Permit for
Operational Works has been issued in regard to the drainage scheme.
53. All site stormwater drainage shall be by means of a gravity system.
54. Plans of the entire on site drainage design shall be prepared by a Registered Professional
Civil Engineer and submitted to Council prior to obtaining a Development Permit for
Operational Works.
Sewer Mains
55. 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
56. 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.
57. Each water connection to the water reticulation system shall extend to the property boundary
and be metered. Where multiple units are served by a single service, multiple water meters to
each individual unit and for the body corporate shall be installed. All fees for the supply of
water meters shall be paid to the Council.
Service Easements
58. All existing and proposed easements within the site shall be shown on the plans submitted for
Operational Works / Building Works approval.
59. Registered easements shall be created over any Council service within the subject site in
accordance with Council’s requirements (if not already created) and at no cost to Council.
The Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that
the Title Deed and the easement documents will be lodged at the Land Titles Office and any
additional Titles Office forms or requisitions requiring the consent of Council will be attended to
promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the
use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
Earthworks
60. Plans and details outlining the extent of earthworks required on site and any trees to be
retained shall be submitted to Council for approval prior to obtaining a Development Permit for
Operational Works.
61. All major excavations (including the basement and driveways) shall be shored to prevent
batters extending into areas and vegetation that are to be retained. All trees to be retained
should be adequately tagged to Council’s satisfaction and enclosed with a barrier fence to the
drip line to prevent damage.
62. It is recommended that the applicant employ the services of a Geotechnical Engineer to
supervise and certify the earthworks required on site and measures to ensure stability of
adjoining land and structures.
63. Earthworks shall not cause the ponding of water on any adjoining lands or the blockage of, or
interference with, any natural watercourses or overland flow path.
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2005/699
Erosion and Sediment Control
64. 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, controlled
disposal of waste, catch drains, and temporary infiltration or sump pump-outs will be
necessary.
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.
The applicant is advised that a simple silt fence by itself is unlikely to meet the objectives of
best practice for Erosion & Sediment Control.
Construction Issues
65. A Construction Management Plan addressing all construction phases, including traffic
management, shall be prepared and submitted to Council for approval prior to obtaining a
Development Permit for Operational Works.
The report should aim to address every foreseeable problem that could occur during the
construction process and include recommendations on how these can be overcome or
minimised. The report shall be to the reasonable satisfaction of the Manager Land
Development.
Community Management Statement Requirements
66. The Applicant and all future owners of the site shall comply with the Environmental
Management Plan (EMP) for Settlers Cove Development 23118 DA and compliance with the
EMP shall be referenced in any community management statement over the site.
67. The Fire Management Plan is to be implemented by the Developer and future owners of the
site and is to be referenced in any community management statement.
68. The owners of the allotment and subsequent units shall not object to the construction of a
boardwalk along Noosa Inlet beside allotment 5 & 6 for the purpose of providing public access.
Any Community Management Statement established over these allotments shall also detail
that the body corporate will not object to the provision of a boardwalk as detailed above.
General
69. A Registered Professional Engineer of Queensland shall certify engineering drawings and
specifications for all engineering works, which shall be submitted in conjunction with an
application for a Development Permit for Operational Works.
70. 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.
71. 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.
72. 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.
Environmental Health
73. The developer must provide waste storage and disposal facilities in accordance with Planning
Scheme Policy “Waste Management Multi-Dwellings and Commercial and Industrial
Premises”, including an external imperviously paved area correctly sized for all refuse and
recycling containers and suitably screened from public places and neighbouring properties. A
roofed wash down area is required with a cold-water tap, hose and drain outlet connected to
sewer.
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2005/699
74. Refuse chutes must be provided in accordance with Council’s Policy for “Refuse Chutes and
Accessories in Multi Storey Buildings”.
75. Noise emission from swimming pool and spa equipment (including heating equipment) shall
comply with the following requirements:
75.1. The equipment shall be installed and located in a manner that prevents excessive noise
in accordance with Council’s Local Law No. 12 - Control of Nuisances. Infringement
Notices (on-the-spot fines) may apply for offences.
75.2. A person must not use equipment on any day if it makes or causes noise to be made –
75.2.1. From 10pm to 7am: Which is audible outside the most exposed part of an
affected building
75.2.2. From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
75.2.3. From 7pm to 10pm: More than 3 dB(A) above the background noise level.
76. Noise emission from air conditioning equipment shall comply with the following requirements:
76.1. The equipment shall be installed and located in a manner that prevents excessive noise
in accordance with Council’s Local Law No. 12 - Control of Nuisances. Infringement
Notices (on-the-spot fines) may apply for offences.
76.2. Submission of written certification from a suitably qualified person confirming that the
noise levels comply when measured at either the residential boundary or outside the
most exposed part of an affected building, whichever is the closest to the equipment.
This is required immediately after installation of the equipment and prior to any
occupation of the building, and in a format approved by Council.
76.3. A person must not use equipment on any day if it makes or causes noise to be made –
76.3.1. From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level
76.3.2. From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
76.3.3. From 7pm to 10pm: More than 3 dB(A) above the background noise level.
77. Noise from building works associated with residential development shall comply with the
following –
77.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
77.2. All reasonable measures are taken to minimise noise emissions.
77.3. Not permitted on Sunday or public holidays.
78. As the development is in close proximity to mosquito and midge breeding area all windows
and doors are to be screened. The developer has to conduct an educational/awareness
campaign for all residents.
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2005/699
79. The external finishes of the building shall be of muted tones that blend in with the surrounding
bushland setting and minimise the building’s visibility when viewed from outside the Serenity
Close as generally depicted on the proposed colour palette prepared by Blackburne Jackson
Design and dated 22 April 2008.
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 following
table:
Plan / Document No. Rev. Plan / Document Name Date
2847-DA-02 01 Site Views – Blackburne Jackson 04-04-08
Design
2847-DA-03 01 Calculations – Blackburne Jackson 04-04-08
Design
2847-DA-04 01 Villa Lower Floor Plan – Blackburne 04-04-08
Jackson Design
2847-DA-05 01 Villa Upper Floor & Carpark Plan – 04-04-08
Blackburne Jackson Design
2847-DA-06 01 Villa Terraces & Lot 5-6 Units Level 1 04-04-08
Floor Plan – Blackburne Jackson
Design
2847-DA-07 01 Lot 5/6 – Level 2 Floor Plan – 04-04-08
Blackburne Jackson Design
2847-DA-08 01 Lot 5/6 – Level 3 Floor Plan – 04-04-08
Blackburne Jackson Design
2847-DA-09 01 Lot 5/6 – Level 4 Floor Plan – 04-04-08
Blackburne Jackson Design
2847-DA-10 01 Lot 5/6 – Roof & Terrace Plan – 04-04-08
Blackburne Jackson Design
2847-DA-11 01 Elevations – Blackburne Jackson 04-04-08
Design
2847-DA-12 01 Auxillary Buildings – Blackburn Jackson 04-04-08
Design
2847-DA-13 01 Sections Sheet 1 – Blackburne Jackson 04-04-08
Design
2847-DA-14 01 Sections Sheet 2 – Blackburne Jackson 04-04-08
Design
2847-DA-15 01 Carpark Allocation Plan – Blackburne 04-04-08
Jackson Design
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2005/699
2847-DA-16 01 GFA – Villas – Blackburne Jackson 04-04-08
Design
2847-DA-17 01 GFA – Level 1 & 2 – Blackburne 04-04-08
Jackson Design
2847-DA-18 01 GFA – Level 3 & 4 – Blackburne 04-04-08
Jackson Design
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. 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 $71,637 and is subject to variations in the
Consumer Price Index, All Groups Brisbane from June 2005 until the date of payment. An
Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
Planning Act 1997.
2. 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:-
2.1. On a Sunday or public holiday, at any time; or
2.2. 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.
3. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities
under the Disability Discrimination Act (DDA) in regard to the installation of disabled access
and the provision of disabled facilities, and that access to this building and the provision of
sanitary facilities may need to comply with the requirements of Section D Part D3 and Section
F Clause F2.4 of the Building Code of Australia.
4. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if
the cost of operational works exceeds $80,000, then a portable long service levy is required to
be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved
form issued by the Building and Construction Industry (Portable Long Service Leave) Authority
that confirms that the requirements of the Act have been satisfied. A statutory declaration
outlining the cost of the operational works must be submitted to Council with the lodgement of
any application for operational works over the site.
5. 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.
9. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint,
cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where
it could reasonably be expected to move into a roadside gutter, stormwater drain or a water
course. On the spot fines apply for such offences.
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.
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).
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2005/699
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
Development Permit for Operational Landscaping, Access and/or Carparking, Site Civil
Works Works, Stormwater Drainage, Frontage Works,
Sewer Reticulation if not already installed, Water
Reticulation if not already installed, Site Earthworks,
Excavation of Materials to Fill Another Site
11 SELF ASSESSABLE CODES
Not applicable.
12 SUBMISSIONS
There was one properly made submission about the application.
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.
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2005/699
Decision Notice History
13 October 2005 Original Decision Notice.
1 August 2008 Change to an Existing
Approval with amendment
to Conditions 1, 3, 5, 9, 30,
31, 32 34 & 36 and
inclusion of an additional
condition.
18 December 2008 Change to an Existing
Approval with amendment
to Conditions 24 & 46.
5 March 2010 Change to an Existing
Approval with amendment
to Condition No. 16.
Yours faithfully,
Denis Wallace
Senior Development Planner
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2005/699
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
1
Section 3.1.6 (Preliminary approval may override local cancel a condition of a development approval.
planning instrument)
Page 15 of 16
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2005/699
(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)
Page 16 of 16
Used in these records
Decision Letter - Change to an Existing Approval [As Published] - 132005.699.03Related documentApplication case desk ↗
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