SUPERSEDED - Change Existing Approval - 132009.325.01

Officer:	Glen Conforti
Direct Telephone:	07) 5449 5379
Fax:	(07) 5475 7277
Response Address:	Locked Bag 72, SCMC 4560
Our Reference:	GC007:TS:132009.325
Your Reference:	3354
29 September 2011

Caloundra Building Approvals
PO Box 135
GOLDEN BEACH  QLD  4551

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request dated 18 August 2011 to make a permissible change to an existing approval granted on 28 August 2009.  On 29 September 2011, Council decided your requested changes.

Details of the decision are as follows:

APPLICATION DETAILS

Application No:	132009.325.01
Street Address:	6 Allambi Rise NOOSA HEADS  QLD  4567
Real Property Description:	Lot 2 RP 88575
Planning Scheme:	The Noosa Plan (8 August 2011)

DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use – Detached House

In relation to the request to make a change to the existing approval, Council decided to:

A.	Approve a change to the development approval.

B.	Approve a change to condition 1.

C.	Include additional condition 29.

RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is identified in the conditions.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table and as may be amended by these conditions.

Plan No.	Rev.	Plan Name – Prepared by	Date
1 of 9	I	Site Plan & Perspective Views – MRA Design	14 July 2011
2 of 9	I	Floor Plans – MRA Design	14 July 2011
6 of 9	I	Elevations & Roof Framing– MRA Design	14 July 2011
7 of 9	I	Sections A-A, B-B & C-C – MRA Design	14 July 2011
8 of 9	I	Sections D-D, E-E, G-G & F-F – MRA Design	14 July 2011
1
Roof Overhang Diagram – MRA Design	10 July 2009
2
Pool fence plan & Elevation– MRA Design	10 July 2009
Security Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $3,000 must be submitted to Council, 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.
General
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.
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 the AAAA Water Conservation Rating System. 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.
Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) shall not be constructed under overhead electricity transmission lines, or within any easements.
External colours and finishes of the building shall comprise of muted/environmental tones that blend with the natural environment.

Relevant Period
The Development Permit for a material change of use lapses if the use has not happened by 28 August 2013, unless an application to extend the currency is approved by Council.
Building Height
The building height shall not exceed 8.0 metres above the natural ground level, finished ground level and 2 storeys.
A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of the work confirming compliance with the maximum allowable building height as required by either the conditions of approval of the Planning Scheme.
Landscaping
A minimum of 20% of the site shall be retained as soft landscaping.
Existing trees within the road reserve shall be retained.
One Koala food tree shall be planted within the road reserve in accordance with Council’s PSP 3 Landscaping Plants and Guidelines.
Existing trees on the site shall be retained, except where required to be removed due to building operations or the conduct of the approved use.
All other vegetation shall be protected from interference resulting from clearing or construction activities by:
Clearly marking vegetation to be retained with flagging tape;
Installing protective fencing around the drip line of the vegetation;
Stockpiling, storage and vehicle parking occurs in already cleared areas and does not cause interference with vegetation; and
Low impact construction techniques are used around vegetation to minimise interference with the vegetation
Cleared vegetation is to be suitably processed by one of the following methods and removed from the site:
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.
Disposal for firewood.
Disposal for landscaping purposes.
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.
The applicant is advised that burning off is an unacceptable method of disposal
Frontage Works
All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit.
Roof Water & Stormwater Drainage
Roof runoff from any new building shall be directed to a rainwater storage system or tank that is installed to ensure water from the rainwater storage system or tank is used for external uses (such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools, outdoor cleaning, etc) and for internal (ground floor) use in washing machine cold taps and toilet cisterns. All rainwater tanks are to be designed and installed in accordance with the Queensland Development Code (QDC) current at the time of building approval, and shall be part of the plumbing application for approval.
The location and capacity of the tanks shall be clearly shown on the plans submitted for Building Works Approval and any overflow shall be directed to Council’s kerb and channel system in Allambi Rise.
All stormwater drainage (including roof water overflow from the rainwater storage system) shall be collected and discharged so there is no net increase in stormwater runoff from the site.  Stormwater drainage permitted to drain from the site shall be as follows:
Drainage of the driveway and basement area shall be undertaken generally in accordance with Drawing no. 781-02 issue C by Spice Consulting dated 1 July 2009. Building Works Approval must not be granted unless the final drainage design is accompanied by certification by a Registered Professional Civil Engineer that the drainage will not cause ponding to neighbouring properties and will not affect the foundations of the subject building.
All balance drainage (i.e drainage from areas other than the driveway and basement area) shall drain to Council’s kerb & channel street drainage system in Allambi Rise.  Plans of the drainage design shall be prepared by a Registered Professional Civil Engineer and submitted prior to obtaining a Building Works Approval. The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street drainage system at any one location is 25 litres /second.
All site stormwater drainage shall be by means of a gravity system.
Earthworks
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.
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or structures that border the development site.  In this regard a condition survey of all buildings or structures that border the site must be undertaken prior to commencement of excavation works.
Site Stability
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/or land, and make recommendations on the excavation methodology best suited for the proposed development. The recommendations of this report shall be incorporated into the design and construction of the proposed development.
Erosion and Sediment Control
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 during construction.
In this regard, plans detailing the methods of controlling erosion and sediment in accordance with the Healthy Waterways document and fact sheet series titled “Controlling Stormwater Pollution on your Building Site dated 2006” are required to be submitted with the application for a Building Works Permit.
Engineering - General
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.
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
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
Additional Condition 29 September 2011
The roof top terrace shall remain unroofed and unenclosed
REFERRAL AGENCY CONDITIONS

Not Applicable

APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following tables:

Approved Plans
Plan No.	Rev.	Plan Name – Prepared by	Date
1 of 9	I	Site Plan & Perspective Views – MRA Design	14 July 2011
2 of 9	I	Floor Plans – MRA Design	14 July 2011
6 of 9	I	Elevations & Roof Framing– MRA Design	14 July 2011
7 of 9	I	Sections A-A, B-B & C-C – MRA Design	14 July 2011
8 of 9	I	Sections D-D, E-E, G-G & F-F – MRA Design	14 July 2011
1
Roof Overhang Diagram – MRA Design	10 July 2009
2
Pool fence plan & Elevation– MRA Design	10 July 2009

ADVISORY NOTES

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

The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Council’s 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:
On a Sunday or public holiday, at any time; or
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.
You are advised that the site is identified as a Koala Living Area under the Nature Conservation (Koala) Conservation Plan 2006 and Management Program 2006-2016 and may contain koalas. The use of a Koala Spotter is encouraged in areas where koalas are likely to occur, prior to the removal of Angophora, Corymbia, Eucalyptus, Lophostemon and Melaleuca species. Further information can be obtained from the Environmental Protection Agency at http://www.epa.qld.gov.au or phone (07) 3227 8185.
Prior to the commencement of the development, a plumbing assessment must be obtained from Sunshine Coast Regional Council’s Plumbing Services Section in accordance with the Plumbing & Drainage Act 2002 (as applicable).
Pursuant to the Building and Construction Industry (Portable Long Service Leave) Act 1991 if the cost of operational works exceeds $80,000, then a portable long service leave 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.
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.

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 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 3239 3647 to discuss any obligations under the ACH Act.

PROPERTY NOTES

Not Applicable

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

FURTHER DEVELOPMENT PERMITS REQUIRED

Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works

SELF ASSESSABLE CODES

Not Applicable

SUBMISSIONS

Not Applicable

REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable

RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.sunshinecoast.qld.gov.au, or at Council offices.

Yours faithfully

Glen Conforti
Planning Technical Officer

DECISION NOTICE HISTORY

09/0325 - Original Decision Notice. 28 August 2009
132009.325.02 - Changes to an Existing Approval 29 September 2011 with a change to Condition 1 and an additional condition 29.

Encl. 	Approved Plans/Documents
Appeal Rights

	 Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 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.

PD-DA-FM383/5-09/08/2010	Page 6 of 8

PD-DA-FM383/5-09/08/2010	Page 1 of 8

132009.325.01