Council archive · source document
Town Planning Report 1-27 Duke St Sunshine Beach QLD 4567 Rev A · 132004.4552.01
⚲ Sunshine Coast
9 Panorama Ridge Road Buderim QLD 4556
⚲ City of Moreton Bay
1/91 Landsborough Ave Scarborough QLD 4020
www.paceplanning.com.au
ABN 69 130 839 116
Town Planning Report
1/27 Duke St Sunshine Beach QLD 4567
Lot 1 SP175486
Minor Change Development Application – 2004/4552 Material Change of
Use (Dual Occupancy)
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Page 2
Acknowledgement of Country
Pace Planning acknowledge the Traditional Custodians of the land, and pay respect to Elders past,
present and emerging.
Document Control and Limitations
Any material contained in this document remains the property of Pace Planning Pty Ltd unless
otherwise indicated and is used subject to conditions. This document must be read as a whole, and
any subsequent document must be read in conjunction with this document. The document supersedes
all previous draft or interim documents before the date of this document. This document has not and
will not be updated for events or transactions occurring after the date of the document or any other
matters that might have a material effect on its contents or are evident after the date of the document.
This has been prepared for the purpose outlined in this document and no responsibility is accepted
for the use of this document in whole or in part for any other purpose.
Pace Planning Pty Ltd accepts no responsibility for damages of any third party from any decisions
made or actions based on this document, or incomplete or inaccurate data or information supplied by
others. Any third party who receives a draft or a copy of this document (or any part of it) or discusses
it or any related matter does so on the basis that they acknowledge and accept that they may not rely
on this document, nor any related information or advice given for any purpose whatsoever.
Uncontrolled When Printed
Reference Revision Author Date Issue
219/CDA/050325 A Brooke Wildin 21/03/2025
Brooke Wildin B.Sc (AES), MURP
Principal Town Planner
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Town Planning Report – 1/27 Duke St Sunshine Beach QLD 4567
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CONTENTS PAGE
LIST OF TABLES
Table 1 – Applicant Summary ............................................................................................................... 4
Table 2 – Property Details ..................................................................................................................... 4
Table 3 – Supporting Information .......................................................................................................... 5
Table 4 – Relevant Site Development History ...................................................................................... 5
Table 5 – State Instrument Summary.................................................................................................... 6
Table 6 – Assessment Benchmarks ...................................................................................................... 6
Table 7 – Change Representations 2004/4552 .................................................................................... 8
LIST OF FIGURES
Figure 1 – Site Locality (Extract 1:1,250 QLD Globe) ...................................................................... 5
APPENDICES
Appendix A – 2004/4552
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Town Planning Report – 1/27 Duke St Sunshine Beach QLD 4567
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INTRODUCTION
This Town Planning report provides change representations to approved development application
2004/4552 for Material Change of Use (Dual Occupancy) at 1/27 Duke St Sunshine Beach QLD 4567
described as Lot 1 SP175486 (site). This report should be read in conjunction with the supporting,
plans and information. A summary of the applicant details is included in Table 1.
Table 1 – Applicant Summary
Detail Information
Name Pace Planning
Address 9 Panorama Ridge Road, Buderim, Queensland 4556
Contact Brooke Wildin
Phone 0417 696 110
Email [email protected]
PROJECT SITE
Property Details
Proposed development site details, information and locality map is presented in Table 2.
Table 2 – Property Details
Detail Information
Site Address 1/27 Duke St Sunshine Beach QLD 4567
Lot 0 SP175486 (Common Property)
Real Property Description Lot 1 SP175486 (Proposed Improvements)
Lot 2 SP175486
Site Area 611m2
Property Tenure Freehold Building Format with Common Property
Body Cooperate for the Dukes at Sunshine Community Titles
Body Corporate
Scheme Lots 1 and 2 on SP175486
Community Management
CMS34766
Statement
Local Government Noosa Shire Council
Existing Structure Dual Occupancy
Zoning Medium Density Residential
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Figure 1 – Site Locality (Extract 1:1,250 QLD Globe)
Development Summary
The site is level towards the road frontage and steeply slopes to the rear and existing design is
responsive to site topography with four stepped levels. Each dwelling unit includes three bedrooms
and covered double garage and pool within each exclusive use areas. The proposed development
includes improvements specifically to Lot 1 SP175486 that includes
• Adaptive reuse of terrace area as bedroom 2 on ground floor to allow a work from home office
• Deck is enclosed to repurpose as dining room on first floor
• Adaptive reuse of balcony to be incorporated into master bedroom on second floor
• An increase of 33m2 in Gross floor area of an approved area of 275m2 is proposed that does
not encroach existing common property or increase approved site cover (28%) with no impact
to the approved building format boundaries.
The change DA is triggered as result of needed building maintenance and design to modernise the
building and floor plan. Supporting documentation to assist in assessing the application is summarised
in Table 3.
Table 3 – Supporting Information
Information Detail Document Rev Date
Design JMF Design 27 Duke St 07 04/03/25
Owners Consent S & K Rissman DILGP A 15/03/25
Owners Consent D & M Phillips DILGP A 13/03/25
Development Application DA Form 5 DILGP 1.2 05/03/25
Site Development History
Application history of site is summarised in Table 4.
Table 4 – Relevant Site Development History
Detail Information Date of Decision
2004/4552 Development Permit: MCU (Duplex Dwelling) 16/12/2004 (Approved)
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CATEGORISING INSTRUMENTS
Change application in accordance with Planning Act 2016 contain statutory categorising instruments
applicable to development applications including:
• Planning Regulation 2017
• State Planning Policy 2017 (Part E)
• Planning Scheme for the local government area.
State Categorising Instrument
The Planning Regulation 2017 prescribes assessment benchmarks that the application which are
additional or alternative to the assessment benchmarks contained in a local categorising instrument.
Assessment benchmarks and applicable extracts from the development assessment mapping system
are summarised in Table 5.
Table 5 – State Instrument Summary
Detail Information
Matters of Interest Report includes:
State Matters of
• SEQ Regional Plan – Urban Footprint land use category.
Interest by Lot
• Water resource planning area boundaries.
SPP mapping layers of state interest includes:
• Natural Hazards Risk and Resilience - Local Government flood
State Planning
mapping area
Policy (SPP) 2017 –
It is considered that the development sites state planning policy matters of
Part E
interest are appropriately integrated into the Noosa Plan 2020 (Part 2) and
relevant overlays.
Planning Regulation A review of the change application indicates Referral to State Assessment
2017 Schedule 10 and Referral Agency (SARA) is not required.
Local Categorising Instrument
The Planning Act 2016 requires the change application to be assessed against the assessment
matters that applied when the original application was made but may have regard to the matters that
now apply. Dual Occupancy in Table of assessment (Planning Scheme 5.5.8) specifies a development
application is subject to code assessment and assessment benchmarks includes:
• Coastal Communities Local Plan Code
• Medium Density Residential Zone Code
• Dual Occupancy and Multiple Dwelling Code
• Works Code
The development application is in accordance with the framework of Noosa Plan 2020 and achieves
compliance with the relevant assessment benchmarks. Development complies with the purpose,
overall outcomes and performance outcomes or acceptable outcomes of the relevant codes. In
accordance with Part 5.3.3 of the Planning Scheme compliance with the code can be achieved by
complying with the performance outcomes or acceptable outcomes of the code. Where the
assessment summary is reserved in relation to an assessable element the development complies with
that relevant assessment criteria and no further assessment is provided in Table 6.
Table 6 – Assessment Benchmarks
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Code Assessment
6.2.2 Medium Development achieves the purpose and overall outcomes of the zone code to
Density provide dual occupancy which meet the needs of current and future resident
Residential Zone populations. Proposed change maintains the current site cover of 28% to
Code comply with PO10. Change maintains a minimum frontage setback of 6m from
the frontage and rear boundaries are maintained with PO12. Side setbacks of
1.5m are consistent with the approved in original development application
decided under the Integrated Planning Act 1997. An alternative provision to the
QDC of 1.5m OMP to south-eastern side boundary is proposed between 4.5
and 7.5m above ground level to allow eaves and roof form to comply with
PO12. Development complies with the purpose, overall outcomes and
performance outcomes or acceptable outcomes of the Medium Density
Residential Zone Code.
7.2.6 Coastal The application is compliant with the purpose, overall outcomes and
Communities performance outcomes or acceptable outcomes of the Coastal Communities
Local Plan Code Local Plan Code.
9.3.3 Dual The development complies with the purpose, overall outcomes and
Occupancy and performance outcomes of the code. Proposed terrace on first floor has been
Multiple extended to allow private open space to be accessed directly from the living
Dwelling Code spaces positioned to allow casual surveillance and connectivity to comply with
PO11. Development complies with the purpose, overall outcomes and
performance outcomes or acceptable outcomes of the Dual Occupancy and
Multiple Dwelling Code.
CHANGE DEVELOPMENT APPLICATION
The proposed changes to the Development Permit and its approved plans are considered a minor
change under Schedule 2 of the Planning Act 2016 to be assessed in accordance with Section 81 of
the Planning Act 2016. Proposed Change application does not result in a substantially different
development, does not include prohibited development, is not referred to an extra referral agency or
a referral agency in regard to another matter and does not require public notification. An assessment
of change representation and associated information is summarised in Table 7.
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Table 7 – Change Representations 2004/4552
2004/4552 MCU (Duplex Dwelling) Representations
1. Development undertaken in accordance with this approval must generally comply Change
with the approved plans of development. The approved plans are numbered DD-01
D, DD-02 C, DD-03 D, DD-04 D, DD-05 C, DD-06 D, DD-07 B, DD-08 D, DD-09 D, Delete reference to historic approved Plans.
DD-10 A and DD-11 D prepared by Tangram Architects and dated 23.11.04 and as
may be amended by these conditions. Development undertaken in accordance with
this approval must generally comply with the
approved plans of development. JMF Design (27
Duke St 2024) Rev 7 04/03/2025 (Numbered)
01-12, N13
5. A rope is to be provided at both swimming pools so as to enable koalas to climb out Delete
of the pool. Statutory pool fencing provides a barrier to fauna
entry.
Approved Plans
JMF Design (27 Duke St 2024) Rev 7 04/03/2025 (Numbered) 01-12, N13
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CONCLUSION
Change to an approved development application under Planning Act 2016 with supporting
documentation demonstrates:
• The development application does not conflict or significantly alter any of the identified state
interests and is consistent with the policy intent of the State Planning Policy.
• The development complies with the Strategic Framework and purpose of the Noosa Plan
2020.
• The proposed change application does not result in a substantially different development and
is responsive to the existing use rights and previously approved Material Change of Use and
Operational Works for dual occupancies.
• The development can comply with the applicable assessment benchmarks against which the
application was required to be assessed. Changes remain compliant with current applicable
codes which is consistent with the previous approval and no new non-compliances are being
made by this application.
• Development application demonstrates compliance or that it can comply by lawful and relevant
conditions of approval.
On this basis it is supported that Noosa Shire Council issue a change development permit with lawful
and relevant conditions to development application 2004/4552 at 1/27 Duke St Sunshine Beach QLD
4567 described as Lot 1 SP175486.
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Appendix A – 2004/4552 [OCR of page images] Appendix A — 2004/4552
Page 11
Comment [DSP]: Page: 1
Form 6 - Decision Notice Insert name and address of agency.
Comment [DSP]: Page: 1
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
If refused, delete the section headed
Referral Agencies
Referral Agency Address
File No: 2004/4552 Date of Decision: 16 December 2004 Comment [DSP]: Page: 1
<<name of referral <<address of re
Insert Designer’s Name, Plan No. and
agency>>
1. APPLICANT DETAILS Date of Plan.
Application Type and Decision details
Commentdecided
Council [DSP]: Page:
to < 1
Name: K & N Services Pty Ltd Insert Yes orcodes
No in each column adjacent
applicable
to each category.
Postal address: CARE Martoo Consulting The developer must comply with
PO Box 1684 the following codes for self-
Noosa Heads Qld 4567
assessable development related to
Phone no: 5447 4556 Fax no: 5447 5446 the development approved under
this Development Permit:-
2. PROPERTY DESCRIPTION 1. NOT APPLICABLE.
SUBMISSIONS
Street address: 27 Duke Street <<insert submission details if applicable>>
Conditions and insert reasons for refusal.
Suburb/locality Sunshine Beach
Real property Lot 195 RP 48113, County of March, Parish of Weyba
description:
3. OWNER DETAILS
Name: K & N Services Pty Ltd
Postal address: 1/199 Stanhill Drive
CHEVRON ISLAND QLD 4217
4. REFERRAL AGENCIES
Referral Agency Address Basis
Nil
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Duplex Dwelling No Yes
6. DECISION DETAILS
Council decided to approve the application and grant a Development Permit, subject to conditions.
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Not applicable.
8. SUBMISSIONS
Two (2) properly made submissions were received. (See attached List)
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NOOSA COUNCIL IDAS Development Application Decision Notice 2
9. CONDITIONS Comment [DSP]: Page: 2
Type name of officer signing
The approval is subject to conditions. Noosa Council’s conditions are attached.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Building Works Duplex Dwelling
Operational Works Landscaping, Car Parking, Access, Frontage Works,
Stormwater Disposal, Sediment & Erosion Controls, Filling of
the Site
11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
12. ASSESSMENT MANAGER
Name: Noosa Council Signature: Date: 21/12/2004
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NOOSA COUNCIL IDAS Development Application Decision Notice 3
Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Land Use
1. Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plans are numbered DD-01 D, DD-02 C, DD-03 D, DD-04 D, DD-05 C, DD-
06 D, DD-07 B, DD-08 D, DD-09 D, DD-10 A and DD-11 D prepared by Tangram Architects and dated
23.11.04 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 are to be landscaped in accordance with Council’s Policy on
Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified and
experienced Horticulturalist or Landscape Architect. Such landscaping is to be completed prior to the
premises being occupied and maintained at all times thereafter and to include the following:-
3.1. a minimum of 3 x 100 Litre native canopy trees to be planted adjacent to the northern edge of the
driveway.
3.2. a minimum of 5 x 100 Litre native canopy trees to be planted in the landscaped area south of the
driveway.
3.3. the retention of the Brush Box located along the south eastern side property boundary.
3.4. the retention of the Bloodwood located on the north western side property boundary.
3.5. the retention of the Elaeocarpus reticulatus located on the rear property boundary.
3.6. a densely vegetated buffer is to be provided along the rear property boundary This landscaped
buffer is to include a mix of native species, with trees (45 Litres of larger) and understorey planting.
These species are to comply with Section 10 of Council’s Policy of Landscaping Guidelines.
3.7. screening vegetation, to reach a height of 3.0 metres, is to be implemented along the length of the
south eastern side property boundary between the site’s rear corner and the Ground Floor Terrace,
to soften the visual appearance of the fence required to be erected. This planting is to comply with
Section 10 of Council’s Policy of Landscaping Guidelines.
3.8. screening vegetation, to reach a height of 3.0 metres, is to be implemented along the length of the
north western side property boundary between the site’s rear corner and the Ground Floor Terrace
to soften the visual appearance of the fence required to be erected. This planting is to comply with
Section 10 of Council’s Policy of Landscaping Guidelines.
4. A 1.8 metre high wooden paling overlapping fence is to be erected along the rear boundary, to reduce the
impact of noise and light from the pool and terrace areas. A 1.8 metre high fence shall be constructed on
both side property boundaries. All fencing is to be constructed at the expense of the owner.
5. A rope is to be provided at both swimming pools so as to enable koalas to climb out of the pool.
6. 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.
7. Any terrace areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open
structures.
8. The pool is not to exceed more than 1.0 metre above natural ground level.
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NOOSA COUNCIL IDAS Development Application Decision Notice 4
9. 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
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.
10. 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.
11. 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). All tap ware and
shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines
are excluded from this requirement.
12. This Development Permit for a material change of use of premises lapses if:-
12.1. the use or erection of a building or other structure associated with the use, has not been
commenced by 16 December 2008 unless application is made and approved by Council for an
extension; or
12.2. the use of any premises pursuant to the Development Permit is abandoned.
Land Development
Vehicle Access
13. A vehicular access driveway to serve the development shall be constructed from the Duke Street frontage
of the site with a maximum width of 5.5 metres.
14. 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
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.
15. All vehicles shall enter and leave the site in a forward direction.
Carparking
Off Street
16. Carparking shall be provided within the site as shown on drawing number DD-02C dated 23/11/04 by
Tangram Architects, except as modified herein.
17. A minimum of 4 covered carpark spaces shall be provided on site.
18. The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for user class 1A
with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head
clearance (headroom) at any point of 2.2m.
19. All carparking shall be kept and maintained in a condition fit for use.
Park Contributions
20. A Park contribution of $2,726 towards the acquisition of additional parkland or the improvement of existing
parkland and facilities in the locality shall be paid to the Council prior to obtaining a Development Permit
for Operational Works in accordance with Council’s Planning Scheme Policy PSP24 Park Requirements.
This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from
September 2004 until the date of payment.
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NOOSA COUNCIL IDAS Development Application Decision Notice 5
Frontage Works
21. Footpath improvements such as topsoiling, grassing, and tree planting are required to the Duke Street
frontage of the site in accordance with Planning Scheme Policy PSP1 Landscaping Guidelines. Grass
shall be couch, free of weeds.
22. All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel and
landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to
commencement of the use permitted by this permit.
Pathway Contributions
23. A pathway contribution of $247 towards external major pathways, in accordance with Planning Scheme
Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the Council prior to obtaining a
Development Permit for Operational Works. This amount will be subject to variations in the Consumer
Price Index, All Groups Brisbane from September 2004 until the date of payment.
Stormwater Drainage
24. All stormwater drainage collected on the proposed buildings and landscaped areas shall be collected on
site and discharged to Council’s street drainage system in Duke Street. Plans of the drainage design shall
be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a
Development Permit for Operational Works.
The maximum discharge of stormwater drainage allowable to Council’s street drainage system at any one
location is 25 litres/second.
25. All stormwater drainage collected on the proposed driveways shall be disposed of on site. To this end, a
detailed design and maintenance plan for the on site disposal system shall be submitted to the Council for
approval prior to obtaining a Development Permit for Operational Works.
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.
26. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
27. 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
28. 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.
29. Each water connection to the water reticulation system shall extend to the property boundary and be
metered. Where multiple units including leased buildings are served by a single service, multiple water
meters to each individual unit or leased building shall be installed. All fees for the supply of water meters
shall be paid to the Council.
Headworks
30. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28 and PSP30 on
Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at the
rates applicable at the time of payment. An estimate only of the contribution rates as of September 2004
under the current policies is as follows:
Water Supply $4,269
Sewerage $2,915
TOTAL $7,184
All headworks contributions must be paid prior to the issue of a Development Permit for Operational
Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the headworks
contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled,
the contribution or trading bank guarantee will be returned.
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NOOSA COUNCIL IDAS Development Application Decision Notice 6
Earthworks
31. 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 plan
endorsement. In this regard any fences to be replaced shall be clearly shown on the plans submitted for
Operational Works approval.
Site Stability
32. A 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 make recommendations on the type of system to retain adjoining land and
the foundation system(s) best suited for the proposed development. This information shall be submitted to
the Council prior to obtaining a Development Permit for Operational Works.
Erosion and Sediment Control
33. 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 and controlled disposal of waste,
will be necessary.
In this regard 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.
General
34. 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.
35. 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.
36. 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.
37. 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.
Building Services
38. There is to be no uncontrolled discharge of water onto the slope.
39. Stripping of vegetation for construction purposes should be minimised. If vegetation is destroyed it should
be reinstated immediately after construction is completed.
40. Additional load due to fill, construction equipment or stockpiled materials should not be located on the
dune slope.
41. The use of vibratory equipment of any kind is not permitted to be used, including vibrating rollers, 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.
42. Boundary wall movement shall be monitored throughout construction by a RPEQ and if movement occurs
construction is to be stopped immediately and appropriate action is to be taken to arrest the movement.
Further work shall only take place after a re-assessment of the conditions on site.
Environmental Health
43. The developer must provide a suitably external screened imperviously paved area large enough for all
refuse and recycling containers.
44. Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or located in a
manner which prevents a noise nuisance beyond the subject land in accordance with the nuisance
provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences.
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NOOSA COUNCIL IDAS Development Application Decision Notice 7
45. Noise emission from air conditioning equipment shall comply with the following requirements:
45.1. The equipment shall be installed and located in a manner which prevents noise nuisance beyond
the subject land in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998 and Council’s Local Law No. 12 - Control of Nuisances. Infringement Notices (on-
the-spot fines) may apply for offences.
45.2. Submission of written certification from a suitably qualified person confirming that the noise levels
comply when measured at the nearest residential boundary. This is required immediately after
installation of the equipment and prior to any occupation of the building, and in a format approved
by Council.
45.3. A person must not use equipment on any day if it makes or causes noise to be made –
45.3.1. Before 7am or after 10pm: More than the lower of either –
40 d(B)A
3 d(B)A above the background noise level
45.3.2. From 7am to 7pm: More than the lower of either –
50 d(B)A
5 d(B)A above the background noise level
45.3.3. From 7pm to 10pm: More than 3 d(B)A above the background noise level.
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NOOSA COUNCIL IDAS Development Application Decision Notice 8
Local Laws, Policies & State
Regulation Requirements
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Advice
1. Approval of this development application has triggered an Infrastructure Charge in accordance with the
Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $950. This amount
will be subject to variations in the Consumer Price Index, All Groups Brisbane from September 2004 until
the date of payment.
An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act
1997.
2. 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.
3. The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from making noise
from:-
3.1. Monday to Saturday, before 7:00am or after 6:30pm
3.2. Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under these provisions
4. 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.
5. 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.
6. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the
Disabled 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 provisions 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.
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NOOSA COUNCIL IDAS Development Application Decision Notice 9
LIST OF SUBMITTERS 04/4552
SJ Hyland PO Box 464, Noosa Heads Qld 4567
Catherine Hyland 27 Elanda Street, Sunshine Beach Qld 4567
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NOOSA COUNCIL IDAS Development Application Decision Notice 10
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-
1 Section 3.1.6 (Preliminary approval may override local planning (a) a notice giving a decision on a request to change
instrument) or cancel a condition of a development approval.
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NOOSA COUNCIL IDAS Development Application Decision Notice 11
(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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