Decision Notice - 010.2009.00000502.001 [As Published] · 132009.502

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     4 of 20                      C       Elevations – G.J. Gardner Homes          7 May 2009
     5 of 20                      C       Elevations – G.J. Gardner Homes          7 May 2009
     6 of 20                              Sections – G.J. Gardner Homes            23        February
                                                                                   2009
     7 of 20                      C       Sections – G.J. Gardner Homes            7 May 2009

     and as may be amended by these conditions and annotations on the plans.
2.   The development must be undertaken and operated in a manner that causes no detrimental
     effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
     lighting nuisance or other emissions.
3.   Earthworks 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 concentrate or direct overland flow on to an
     adjoining property.
4.   The building height shall not exceed 8.0 metres above natural ground level and finished
     ground level.
5.   A minimum of 20% of the site shall be retained as soft landscaping.
6.   The area within 4.5 metres of the revetment wall shall be developed in accordance with the
     following requirements:
     6.1       A minimum of 25% of the area is planted with shrubs; and
     6.2    A maximum of 25% of the area is under hard pavement and the balance is to be turf or
            ground covers; and
     6.3       No tree species with a mature height of over 3m are to be planted; and
     6.4       No shrubs are to be planted within 1m of the revetment wall; and
     6.5       The ground surface within the first metre from the revetment wall is turf, ground cover
               or hard pavement.
7.   The Tuckeroo and one Cabbage Palm located on Council’s road reserve shall be retained. In
     this regard these trees shall be protected from interference resulting from clearing or
     construction activities by:
     7.1       Clearly marking the Cabbage Palm and Tuckeroo to be retained with flagging tape;
     7.2       Installing protective fencing around the drip line of the trees;
     7.3       Low impact construction techniques are used around the trees to minimise
               interference with the trees.
8.   Cleared vegetation is to be suitably processed by one of the following methods and removed
     from the site:-
     8.1    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.
     8.2       Disposal for firewood.
     8.3       Disposal for landscaping purposes.
     8.4    Transport to alternative site for breaking down materials provided that all necessary
            permits have been obtained to allow the alternate site to be used for this purpose.
     8.5    The Applicant is advised that other methods may be considered provided full details of
            the method are submitted.
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       8.6    The applicant is advised that burning off is an unacceptable method of disposal.
9.     The Cabbage Palm removed from the road reserve shall be replaced with one (1) 45-litre
       Tuckeroo (Cupaniopsis anacardioides) and planted to the east of the new driveway in
       accordance with Councils Landscaping Guidelines PSP3.
10.    Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 must be
       submitted, to secure performance of all conditions of this approval, prior to the issue of a
       Development Permit for building works. The cash bond or trading bank guarantee will be
       returned on performance of the conditions of approval less any costs incurred by Council in
       respect of enforcing performance of this permit.
11.    Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) are
       not constructed under overhead electricity transmission lines, or within any easements.
12.    Sediment and erosion control measures must be placed on site prior to the works
       commencing and shall be maintained until all works are complete. The erosion and sediment
       control measures shall be in accordance with the “Best practice guidelines for control of
       stormwater on building sites” prepared by Healthy Waterways (available at
       www.healthywaterways.org).
Relevant Period
13.    The Development Permit for a material change of use lapses if work has not been completed
       by 11 May 2013, unless an application to extend the relevant period is approved by Council.

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
 1 of 20                   C        Site Plan – G.J. Gardner Homes          7 May 2009
 2 of 20                   C        Lower Floor Plan – G.J. Gardner         7 May 2009
                                    Homes
 3 of 20                   C        Upper Floor Plan – G.J. Gardner         7 May 2009
                                    Homes
 4 of 20                   C        Elevations – G.J. Gardner Homes         7 May 2009
 5 of 20                   C        Elevations – G.J. Gardner Homes         7 May 2009
 6 of 20                            Sections – G.J. Gardner Homes           23 February 2009
 7 of 20                   C        Sections – G.J. Gardner Homes           7 May 2009

7      ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:


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1.    The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
      Local Law No. 12, prevents a builder or building contractor carrying out building work on a
      building site in a way that makes or causes audible noise to be made from the building work:-
      1.1.    On a Sunday or public holiday, at any time; or
      1.2.    On a Saturday or a business day, before 7.00am or after 6.30pm.
      A maximum penalty of $1,500 applies to an offence under this legislation.
2.    Prior to the commencement of the development, a plumbing assessment must be obtained
      from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage
      Act 2002 (as applicable).
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:
Detached House Driveways Code

12    SUBMISSIONS

Not applicable

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.
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During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

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.
Yours faithfully,




Denis Wallace
SENIOR PLANNING 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
Division 8 - Appeals to court relating to                      for the application are not available against the part of
development applications                                       the approval that represents the 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
may appeal to the court against any of the following-          4.1.29.(1) An advice agency may, within the limits of
                                                               its 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
      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
      under section 3.1.6;1                                    (b) the advice agency told the applicant and the
                                                                   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
    (2) An appeal under subsection (1)(a) to (d) must          submitter.
be started within 20 business days (the “applicant’s           Appeals for matters arising after approval given
appeal period”) after the day the decision notice or           (co-respondents)
negotiated 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               development application, a person to whom any of the
started at any time after the last day a decision on the       following notices have been given may appeal to the
matter should have been made.                                  court against the decision in the notice-
Appeals by submitters                                          (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application               extension of the relevant period for an approval;
may 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                minor change to an approval.
      any conditions (or lack of conditions) or other              (2) The appeal must be started within 20 business
      provisions 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
days (the “submitters appeal period”) after the day            approval resulted from a development application
the decision notice or negotiated decision notice is           (superseded planning scheme) that was assessed as
given to the submitter.                                        if it were an application under a superseded planning
                                                               scheme.
    (3) If a person withdraws a submission before the
application is decided, the person may not appeal the             (4) Also, a person who has made a request
decision.                                                      mentioned in subsection (1) may appeal to the court
                                                               against a deemed refusal of the request.
    (4) If an application involves both impact
assessment and code assessment, appeal rights for                 (5) An appeal under subsection (4) may be started
submitters are available only for the part of the              at any time after the last day the decision on the
application involving impact assessment.                       matter should have been made.
    (5) If an application is processed under section           Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the                Appeals for matters arising after approval given
application are available only for the aspects of the          (no co-respondents)
development that would have required public
notification under the repealed Act.                           4.1.31.(1) A person to whom any of the following
                                                               notices have been given may appeal to the court
                                                               against the decision in the notice-
                                                               (a) a notice giving a decision on a request to change
                                                                   or cancel a condition of a development approval.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
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(b) a notice under section 6.1.442 giving a decision to     (d) the length of a period mentioned in section 3.5.21
    change or cancel a condition of a development                 relevant period;
    approval.                                               (e) a deemed refusal.
    (2) The appeal must be started within 20                    (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision      be started within 20 business days (the “applicant’s
is given to the person.                                     appeal period”) after the day the decision notice or
   (3) Also, a person who has made a request                negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the                (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request.              started at any time after the last day a decision on the
    (4) An appeal under subsection (3) may be               matter should have been made.
started at any time after the last day the decision on      The Registrar for the Building and Development
the matter should have been made.                           Tribunal may be contacted at the website
Appeals against decisions to change approval                http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
                                                            For Infrastructure Charges Only
decision made on an application to change the               4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under              charges
section 2.19(3)or section 4.4 of the repealed Act may       (1) This section applies to a person who has been
appeal to the court against-                                given, and is dissatisfied with, an infrastructure
(a) the decision; or                                        charges notice or a regulated State infrastructure
(b) a deemed refusal of the application.                    charges notice.
    (2) An appeal under subsection (1)(a) must be           (2) The person may appeal to the court against the
started within 20 business days after the day notice of     notice.
the decision is to be given to the person.                  (3) The appeal must be started within 20 business
    (3) An appeal under subsection (1)(b) may be            days after-
started at any time after the last day a decision on the    (a) if the notice is given because of a development
matter should have been made.                                    approval or master plan approval-the day the
Appeals against local laws                                       applicant is given notice of the decision about the
                                                                 approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions            (b)    otherwise-the day the notice is given to the
applied under a local law about the use of premises or             person.
the erection of a building or other structure permitted     (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court              (a) whether a charge in the notice is so
against the decision or the conditions applied.                  unreasonable that no reasonable relevant local
    (2) The appeal must be started within 20 business            government, State infrastructure provider or
days after the day notice of the decision is given to the        coordinating agency could 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
Rights of appeal conferred by Section 4.2.9 of the          appeal under this section can not be about the
Integrated Planning Act 1997 as follows:                    methodology used to establish the charge in the
                                                            relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
                                                            State infrastructure 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
(c) the decision to give a preliminary approval when a
    development permit was applied for;


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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