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Attachment 2 - Current Decision Notice
Noosa Council documents
Daniel Gallagher (07) 5449 5106
14631 DA
Email: [email protected]
18 February 2005
Leffler Simes Architects Pty Ltd
7 Young Street
NEUTRAL BAY NSW 2089
Dear Sir,
Re: Application for a Change to a Development Approval for Showrooms &
Professional Offices situated at 7-9 Gibson Road, Noosaville described as Lot 1 on
SP 127822
I refer to your request to make a change to the above development approval. On 16 February
2005 Council decided to
A. Approve the change with the approved plans to comprise those labelled: Site Plan, Floor
Plan, Elevations, Cross Sections; numbered: BA01 Issue C dated May 99, BA02 Issue J
dated Aug 1999, BA05 Issue B dated Oct 98 and BA08 Issue B dated Oct 98; prepared
by Leffler Simes Architects Pty Ltd.
B. Amend Condition 9 of the current approval;
C. Include additional conditions 26-33 & Advices 1-3, which specifically relate to this
change to the approval.
A Compiled Decision Notice with these changes is enclosed for your convenience.
Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application.
An Infrastructure Charge Notice is attached in compliance with Chapter 5 of the Integrated
Planning Act 1997.
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
the Integrated Planning Act is also attached.
Should you wish to obtain more information about Council’s decision, the reports and staff
recommendations and Council Minutes regarding this application are available for viewing or
purchase at the Level 2 counter of Council offices. It would assist Council staff if you could
bring this letter with you.
Yours faithfully,
Shane Adamson
MANAGER - LAND USE
Award Winner - Australian Clean Beach
Challenge 2004 Litter Prevention
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Page 2
Noosa Council documents
NOOSA COUNCIL IDAS Development Application Decision Notice 1
Comment [DSP]: Page: 1
NOOSA Form 6 – Compiled Decision Notice If refused, delete the section headed
Referral Agencies
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION Referral Agency Address
Comment [DSP]: Page: 1
Insert Designer’s
Approval Type andName, Plan codes
applicable No. and
File No: 14631 DA Date of Decision: 16 February 2005 Datedeveloper
The of Plan. must comply with the
Original Decision 14 October 1998 following codes for self-assessable
Comment
development [DSP]: Page:
related to the1development
Insert Yes
approved or No
under thisinDevelopment
each column Permit:-
1. APPLICANT DETAILS adjacent
1. 1. to each
1. category.
1. <
SUBMISSIONS
Name: LEFFLER SIMES PTY LTD Council received < properly made
submissions to this application.
Postal address: 7 YOUNG STREET NEUTRAL BAY NSW 2089 Conditions and insert reasons for
refusal.
Phone no: 02 9909.3344 Fax no: 02 9909.3828 Mobile:
2. PROPERTY DESCRIPTION
Street address: 7 – 9 GIBSON ROAD
Suburb/locality NOOSAVILLE
Real property LOTS 1-4 SP 127822 (PREVIOUSLY LOTS 897 & 898 ON RP904040), PARISH OF WEYBA,
description: COUNTY OF MARCH
3. OWNER DETAILS
Name: CALARDU NOOSA PTY LTD ATF THE CALARDU NOOSA TRUST
Postal address: A1 RICHMOND RD FLEMINGTON NSW Postcode: 2140
4. APPROVAL TYPE
Development Approved Development Preliminary Development
Approval Permit
Material Change of Use Showrooms & Professional NO YES
Offices
5. 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.
6. DECISION DETAILS
Council on 14 October 1998 decided to approve the application and grant a Development Permit, subject to
conditions.
In relation to a request to Change the Development Approval for Lot 1 on SP 127822, Council on 16 February
2005 resolved to:
A. Approve the change with the approved plans to comprise those labelled: Site Plan, Floor Plan, Elevations,
Cross Sections; numbered: BA01 Issue C dated May 99, BA02 Issue J dated Aug 1999, BA05 Issue B
dated Oct 98 and BA08 Issue B dated Oct 98; prepared by Leffler Simes Architects Pty Ltd.
B. Amend Condition 9 of the current approval.
C. Include additional conditions 26–33 and Advices 1-3, which specifically relate to this change to the
approval.
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Noosa Council documents
NOOSA COUNCIL IDAS Development Application Decision Notice 2
7. CONDITIONS Comment [DSP]: Page: 2
Type name of officer signing
The approval is subject to conditions. Noosa Council’s conditions are attached.
8. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for building works Showrooms and Professional Offices
Development Permit for plumbing and Showrooms and Professional Offices
drainage works
Development Permit for Operational Works Landscaping, Carparking and Access
9. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
10. ASSESSMENT MANAGER
Name: Noosa Shire Council Signature: Date: 18/02/05
DECISION NOTICE HISTORY
Original Decision Notice 14 October 1998.
Compiled Decision Notice for Change to the
Development Approval for Lot 1 on SP 127822 with
amendment to Condition 9, additional conditions 26–
33 and Advices 1-3 on 16 February 2005
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Noosa Council documents
NOOSA COUNCIL IDAS Development Application Decision Notice 3
NOOSA Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Building
1 The plans submitted for a Development Permit for building works are to comply with the approved plans
with the applicant to note that the aspect of disabled access to upper levels may need consideration at
time of lodgement of building works.
2 Construction work and other associated activities are permitted only during the hours of 7.00 a.m. to 6.00
p.m. Monday to Saturday. No work is permitted on public holidays, except where extended hours are
approved by the Building Surveyor.
Health
3 The developer must provide approved refuse containers in accordance with requirements of the
Environmental Protection (Interim Waste) Regulations 1996 for the storage and collection of refuse to the
satisfaction of Council’s Environmental Health Officer.
4 The developer must provide an imperviously paved area to accommodate all refuse and recycling
containers to the reasonable satisfaction of Council’s Environmental Health Officer. This area is to be
aesthetically screened from any road frontage or adjoining property boundary. A suitable hosecock,
hoses and approved drainage outlet to Council’s sewer, are to be located in the vicinity of the refuse
container area for washing containers.
5 The developer is obtain a Trade Waste Permit for this business. The completed application together with
a fee of $125.00 and two (2) sets of professionally drawn plans showing the Trade Waste requirements
in accordance with the Noosa Trade Waste Policy are to be submitted to Council. Approval is to be
obtained prior to the commencement of any construction associated with this development.
6 All refrigeration plant, including motors, shall be situated within the building or suitably provided with
noise reduction and shall be located as to prevent disturbance beyond the subject land.
7 Airconditioning units shall be located in a manner which prevents noise disturbance beyond the subject
land.
8 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.
Engineering
9 The existing 83 off-street car parking spaces are to be maintained on the subject site.
10 The developer shall connect to Council's existing water supply and sewerage reticulation systems at the
developer's expense to the standards and requirements of Council's Shire Engineer.
11 The applicant is to grant reciprocal easements over the common boundary between lots 897 & 898 on
RP 904040. Such easements are to be in a form which will satisfy this requirement.
12 The developer shall provide a metered water connection/metered water connections from the water
supply system to the proposed development, in accordance with Council's standards and to the
satisfaction of the Shire Engineer.
13 Filling is not approved for this site. Minimum floor levels for the development are defined within the
Planning Scheme and will be set by Council’s Surveyors upon application and payment of the required
fee.
14 Roof and surface water is to be collected on site and is to be discharged through a single underground
drain line into existing drainage at the Gibson Road frontage of the site, to the satisfaction of the Shire
Engineer. A Development Permit for building works shall not be granted until the Shire Engineer has
approved of the drainage scheme.
15 The developer shall be responsible for the control of erosion and sediment export from the site.
Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of
waste, may be necessary. The developer shall be required to submit an erosion and sediment control
plan. This plan is to be approved by the Development Engineer, prior to the issue of a Development
Permit for building works.
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NOOSA COUNCIL IDAS Development Application Decision Notice 4
A $ 5000 site control bond is required, to ensure compliance with this condition.
16 Development undertaken in accordance with this approval must generally comply with the approved
plans of development. The approved plans are numbered DA01-04 inclusive prepared by Leffler Simes
Pty Ltd Architects and dated 18 August, 1998 and as may be amended by these conditions.
17 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.
18 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 submitted. Such landscaping is to be
completed prior to the premises being occupied and maintained at all times thereafter to the reasonable
satisfaction of the Manager of Planning.
19 The Landscaping plans are to provide for large feature trees, minimum of 100 litre, in the car park and
frontage areas of the development.
20 Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
21 All goods are to be displayed on site within the property boundaries. There is to be no display of goods
on the streets about the site.
22 The developer must submit security in the form of a cash bond or trading bank guarantee to the sum of
$1000, prior to the issue of a Development Permit for building works:-
22.1 $5000 for site control bond required as per condition 15;
22.2 $5000 to secure performance of all conditions of this development approval.
The cash bond or trading bank guarantee will be returned upon payment of the required sums and
performance of the conditions of approval.
23 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.
24 This Development Permit for a material change of use of premises lapses if:-
24.1 the use or erection of a building or other structure associated with the use, has not been
commenced within four (4) years of the date of issue of the Development Permit, unless
application is made and approved by Council for an extension; or
24.2 the use of any premises pursuant to the Development Permit ceases.
25 Prior to the commencement of development, the developer must obtain the following Development
Permits:-
25.1 Development Permit for building works;
25.2 Development Permit for plumbing and drainage works;
25.3 Development Permit for operational works of landscaping, carparking and access;
Additional Conditions – specifically relating to Change Approval 16 February 2005 (Lot 1 SP 127822)
Land Development
Park Contributions
26 A Park contribution of $1,596 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 Building 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.
Pathway Contributions
27 A pathway contribution of $145 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 Building Works. This amount will be subject to variations in the 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
Headworks
28. 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 under the current policies is outlined
below. These amounts will adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from
September 2004 until the date of payment.
Water Supply $1,000
Sewerage $620
TOTAL $1,620
All headworks contributions must be paid prior to the issue of a Development Permit for Building 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.
General
29 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.
30 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.
31 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.
32 Security in the form of a cash bond or trading bank guarantee to the sum of $3000 must be submitted, prior to
the issue of a Development Permit for building works to ensure no damage occurs to the environment and/or to
any of Council’s infrastructure.
The cash bond or trading bank guarantee will be returned upon payment of the required sums and performance
of the conditions of approval.
33 Prior to the commencement of development, the following Development Permits must be obtained: -
33.1 Development Permit for building works.
Advice
1 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 $17,283. This amount will 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.
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.
2 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.
3 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.
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NOOSA COUNCIL IDAS Development Application Decision Notice 6
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 documents
NOOSA COUNCIL IDAS Development Application Decision Notice 7
(b) a notice under section 6.1.442 giving a decision to
change or cancel a condition of a development
approval.
(2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
(3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
(4) An appeal under subsection (3) may be started
at any time after the last day the decision on the
matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises or
the erection of a building or other structure permitted
by the planning scheme may appeal to the court
against the decision or the conditions applied.
(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
2 Section 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain
circumstances)
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NOOSA COUNCIL IDAS Development Application Decision Notice 8
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