Change Existing Approval - OPW11/0257.01 · MCU11/0168

Officer:	Glen Conforti
Direct Telephone:	07) 5449 5266
Fax:	(07) 5475 7277
Our Reference:	GC007:AE:MCU11/0168
Your Reference:	not provided
16 August 2012

Mr MG Tapley
PO Box 2129
NOOSA HEADS  QLD  4567

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request dated 5 July 2012 to make a permissible change to an existing approval granted on 27 September 2011.  On 14 August 2012, Council decided your requested changes.

Details of the decision are as follows:

APPLICATION DETAILS

Application No:	MCU11/0168 & OPW11/0257.01
Street Address:	Noosa Dunes 34/512 David Low Way CASTAWAYS BEACH
Real Property Description:	Lot 34 SP 111721
Planning Scheme:	The Noosa Plan (8 August 2011)

DECISION DETAILS

The following types of approval have been issued:

Development Permit for Material Change of Use of Premises (Detached House)
Development Permit for Operational Work (Earthworks)

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

A.	Approve a change to Condition 16.

B.	Delete Conditions 15 and 17.

RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is identified in the assessment manager’s conditions.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE - PLANNING
Plan of Development
The development shall be carried out in compliance with the relevant requirements and provisions of the Plan of Development (No 67) and as may be amended by these conditions.
Relevant Period
The Development Permit for a material change of use lapses if the use has not happened by 27 September 2015, unless an application to extend the currency is approved by Council.
Security Bond
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 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.
Landscaping
Existing trees on the site and within road reserves shall be retained, except where required to be removed due to building operations or the conduct of the approved use.  In this regard,
The Banksia integrifolia located to the south west corner of the site and indicated on the approved Landscape Plan ARC-0.12-C prepared by Foster Designs and dated 25 July 2011 shall be retained.
Vegetation consisting of native, endemic species shall be planted to all setback areas in accordance with Council’s Landscaping Plants and Guidelines PSP 3.
The landscaping shall be generally in accordance with the approved landscape plan.
All 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.
The applicant is advised that burning off is an unacceptable method of disposal.
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 (8m) as required by the Plan of Development (No. 67) on plan ACA-1.
General
The building may have 0.6 metre eave to the south western roof line as annotated on the approved roof plan ARC-0.11 – C prepared by Foster designs and dated 25 July 2011. In this regard low impact construction techniques shall be used to minimise interference and protect the Banksia integrifolia located near this area.
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.
Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) shall not be constructed under overhead electricity transmission lines, or within any easements.

DEVELOPMENT PERMIT FOR OPERATIONAL WORKS - CIVIL ENGINEERING

Vehicle Access
A vehicular access driveway to service the dwelling must be constructed from the common property road formation.
The driveway must be constructed in accordance with AS/NZS 2890.1-2004.
Roof Water & Stormwater Drainage
Roof runoff from any new dwelling must 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 must be part of the plumbing application for approval.  The location and capacity of the tanks must be clearly shown on the plans submitted for Building Works approval and any overflow must be directed to the on-site infiltration system.
Deleted.
All stormwater drainage (including roof water overflow from the rainwater storage system) must be collected and discharged so there is no net increase in stormwater runoff from the site. The stormwater drainage system must be constructed generally in accordance with drawing number 2508-3 Revision C prepared by Construction Hydraulic dated 12 July 2012..
Deleted.
All site stormwater drainage must be by means of a gravity system.
Earthworks
Earthworks required on site must 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 the blockage of, or interference with, any natural watercourses.
Earthworks carried out on site must not affect the structural integrity of any of the existing fences and/or buildings and/or structures and/or land that border the development site.  Fences that are affected must be replaced prior to the Building Certifier issuing the Certificate of Classification.
The development must be carried out in accordance with the Geotechnical Stability Review prepared by GEO Consulting Report Number 15988 dated 7 July 2011.
A Geotechnical Engineer or similar qualified expert must 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 type of foundation system(s) best suited for the proposed development. The recommendations of this report must be incorporated into the design and construction of the proposed development.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination. These measures must include as a minimum, but are not limited to, the following:
Ensure non essential exposure of soil is prevented by: restricting the extent of clearing to that necessary for access to, and safe construction of, the approved works; protecting vegetation in all other areas of the site; and by minimising the duration of soil exposure by:
staging the works to minimise the area of soil exposed at any one time;
effectively stabilising cleared areas prior to rainfall if works are delayed or works are not intended to occur immediately. See E&SC Advice Note 1;
effectively stabilising areas at finished level without delay; and
effectively stabilising steep areas, such as stockpiles, batters and embankments, which are not being actively worked and prior to rainfall.
Where it is not feasible to effectively stabilise cleared areas of exposed soil, such as areas being actively worked, implement a full suite of erosion and sediment controls to minimise erosion and maximise sediment capture in those areas; and
In areas of exposed soil where it is not feasible to either effectively stabilise the surface or implement a full suite of erosion and sediment controls, for example in the areas being actively worked and where the implementation of some erosion and sediment controls would impede construction activities, ensure contingency measures are available on site and are implemented, prior to rain, to minimise erosion and maximise sediment capture;
Effectively stabilise all stockpiles, batters and embankments without delay. Where it is not feasible to effectively stabilise a stockpile, batter or embankment, such as areas being actively worked, ensure that sediment controls are installed and surface stormwater flows are managed such that erosion of stockpiles, batters or embankments is not caused by concentrated stormwater flows;
For all works or other disturbances undertaken within waterways (including riparian areas) ensure;
prior written approval from the relevant consent authority exists; and
Work within waterways must only be: undertaken during dry weather; be promptly rehabilitated conforming to the natural channel form, substrates and riparian vegetation as far as possible; and be undertaken in accordance with Best Practice Erosion and Sediment Control, Appendix I – Instream works, Sections 14 and 16, International Erosion Control Association (2008);
Temporary vehicular crossings of waterways must be designed and constructed to convey flows and remain stable for all rainfall events up to the 1 in 10-year average recurrence interval (ARI) event of critical duration.
Ensure clean stormwater is diverted or managed around or through the site without increasing the concentration of total suspended solids or other contaminants in the flow and without causing erosion (on site or off site). If it is not feasible to divert all areas discharging clean stormwater around or through the site, manage the clean stormwater runoff as for contaminated stormwater runoff, and ensure that sediment basins are sized to accommodate the additional volume of runoff (See E&SC Advice Note 2);
Ensure sheet flows of stormwater are managed such that sheet and rill erosion is prevented or minimised.
Ensure that all concentrated stormwater flows including drainage lines, diversion drains, channels and batter chutes are managed onto, through, and at release points from the site in all rain events up to and including the average recurrence interval (ARI) event of 1 in 2 year ARI without causing water contamination, sheet, rill or gully erosion, sedimentation, or damage to structures or property.
Ensure measures have been implemented such that the runoff from all disturbed areas flows to a sediment basin or basins.  Where it is not feasible to divert runoff from small disturbed areas of the site to a sediment basin, implement compensatory erosion and sediment controls (See E&SC Advice Note 3).
Ensure each sediment basin has the capacity to treat flows to current best practice standards (see E&SC Advice Note 4) and as a minimum to contain all the stormwater runoff from the 80th percentile 5 day rainfall depth and store 2 months sediment from the receiving catchment, as determined using the Revised Universal Soil Loss Equation.
Ensure sediment basins are maintained with sufficient storage capacity to capture and treat the runoff for the design rainfall depth or event. Where sediment basins are proposed to be oversized for storage of captured water for re-use, install survey markers in each such basin to indicate the level that water within the basin must be lowered to, in order to meet the storage capacity specified in the above requirement.
Ensure sediment basins are dewatered as soon as practicable after each rainfall event.
Ensure stormwater captured in sediment basins is treated prior to discharge to minimise the volume and concentration of contaminants released from site, having due regard to forecast rainfall (See E&SC Advice Note 5).
Ensure sediment basins and associated structures such as inlets, outlets and spillways are structurally sound for 10 year ARI rainfall event, under normal circumstances and for 100 year ARI rainfall event, if failure of the basin poses a threat to downstream dwellings or public safety.
Ensure accumulated sediment from basins and other controls is removed and disposed of appropriately without causing water contamination.
Ensure sediment does not leave the site on the tyres of vehicles.
General
Any damage caused to any public utility during the course of construction must 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 must be at no cost to Council.
The transportation of all materials to and from the site must 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 must be covered to prevent materials including dust being windblown from the vehicle.

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 - Prepared by	Date
ARC-0.01 	B	Basement Floor Plan – Foster Designs	25 July 2011
ARC-0.02 	C	Ground Floor Plan  – Foster Designs	25 July 2011
ARC-0.03 	C	First Floor Plan – Foster Designs	25 July 2011
ARC-0.04	B	Eastern Elevation E1 – Foster Designs	25 July 2011
ARC-0.05	B	Northern Elevation E2  – Foster Designs	25 July 2011
ARC-0.06 	C	Western Elevation E3 – Foster Designs	25 July 2011
ARC-0.07	B	Southern Elevation E4 – Foster Designs	25 July 2011
ARC-0.09	B	Section B-B – Foster Designs	25 July 2011
ARC-0.11	C	Roof Plan – Foster Designs	25 July 2011
ARC-0.12	C	Landscape Plan – Foster Designs	25 July 2011
ARC-0.13 	B	Landscape Specification – Foster Designs	25 July 2011
2508-1	A	Cover Sheet – Construction Hydraulic	21 September 2011
2508-2	A	Site Plan & Legend - Construction Hydraulic	21 September 2011
2508-3	A	Drainage Layout - Construction Hydraulic	21 September 2011
2508-4	A	Details - Construction Hydraulic	21 September 2011
2508-5	A	Calculations - Construction Hydraulic	21 September 2011

PLANS/DOCUMENTS REQUIRING AMENDMENT

Not Applicable

ADVISORY NOTES

	Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth); and
Anti-Discrimination Act 1991 (Queensland).
Sunshine Coast Regional Council recommends that the following matters be considered to address equitable access and facilities in the building:
the building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2;
applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia; and
any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.
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.
The applicant is advised that a Compliance Permit for all plumbing and drainage works within the boundaries of the development site must be obtained from Council’s Plumbing Services Section prior to obtaining a Development Permit for Building Works.
E&SC Advice Notes
In this document, an effectively stabilised surface is defined as one that does not:
have visible evidence of soil loss caused by sheet, rill or gully erosion or
lead to sedimentation, or
lead to water contamination.
Diverting clean stormwater runoff into a sediment basin is an inferior option to diverting clean stormwater around or through the site because it will cause an increase in the volume and frequency of contaminated releases from the sediment basin. For this reason, diverting clean stormwater into a sediment basin is not acceptable unless the proponent demonstrates that diverting clean stormwater around or through the site is not feasible.
Compensatory controls are erosion controls, flow controls and sediment controls which compensate for the lack of sediment basin and are applied such that the type, timing, placement and management of controls minimise the potential for water contamination and environmental harm. This is primarily achieved by reducing the risk of erosion and subsequent sediment release, for example by turfing or mulching and managing concentrated flows in the area.
Research has shown that sediment basins designed on a “batch” or total storm capture approach are only capable of treating a small percentage of the annual runoff volume without basin size becoming excessive. Innovation in sediment basin design to incorporate continuous flow treatment is likely to occur in the future and as this technology becomes available in best practice guidelines it is required that this technology be adopted where a better water quality outcome will result. In the interim the minimum basin size is as specified in the condition.
Dewatered flows from sediment basins must be treated to ensure total suspended solids concentrations of less than 50mg/L and that pH is within 6.5-8.5 unless it can be demonstrated that a non compliant release occurred to facilitate a better environmental outcome. For example, higher total suspended solids concentrations may be acceptable in circumstances where further rain is imminent and it can be substantiated that releasing partially treated basin water which has a TSS concentration exceeding the release limit, would minimise the total contamination released from the site, by providing for the capture and treatment of expected runoff. However, releasing waters from sediment basins without treatment is not acceptable.
PLUMBING
The applicant is advised that a Compliance Permit for all plumbing and drainage works within the boundaries of the development site must be obtained from Council’s Plumbing Services Section prior to obtaining a Development Permit for Building Works.
OPERATIONAL WORKS
The development must be carried out in accordance with the approved plans or as modified herein.
Suitable sediment control devices ("in pit” pollution control devices) must be temporarily installed into the first existing downstream stormwater structure.
These devices are to be checked and cleaned on a regular basis and specifically after each rain event.
These devices are to remain in place during the construction phases of the development.
The principal contractor must have all the appropriate insurance and public liability documentation to carry out the works. The principal contractor is also responsible to ensure that any sub contractors also have the appropriate insurance and public liability documentation.
Prior to the “pre start” meeting, the principal contractor must be provided with a copy of Council’s signed approved drawings and conditions by the applicant.
The Consulting Engineers for the project must be currently Registered Professional Engineers of Queensland (RPEQ).  The Consulting Engineers are responsible for arranging all inspections with Council’s Engineering Officer Construction or nominated staff.
Access to the site must be from the Common Property access road only.
Council standards must apply to these works unless otherwise modified herein.
The person acting on this permit must ensure that its consultants and contractors take all reasonable care during the construction of the engineering works to ensure that Council property, road pavements or facilities (such as underground drainage, water supply, sewerage, footpaths, kerbing, landscaping, street furniture etc.) are protected against any damage or interference whatsoever.
If any Council property or facilities should be damaged by the Applicant or any of its Consultants or Contractors through any cause whatsoever in the course of, directly or indirectly, carrying out the engineering works, the Applicant and/or its Contractors must forthwith notify the Chief Executive Officer, Sunshine Coast Council, and must forthwith rectify the damage to that property or facility at its cost and to the satisfaction of the Chief Executive Officer, Sunshine Coast Council.
All rectification works are to be completed prior to the commencement of the use or, alternatively, the Applicant may request the Council to carry out the rectification work at the Applicant’s cost, such cost being paid by the Applicant to Council prior to the commencement of the use.
In the case of any emergency Council must be entitled to rectify such damage at the cost of the Applicant, such cost being paid prior to the commencement of the use.
The development of the site must be carried out in such a manner as to prevent dust and/or sand nuisance to residents and/or tenants in the vicinity of the development.
Certification of the completed works must be provided by the supervising engineer, together with certification from the Hydraulic Engineer that states that the completed works do not result in an increase in the quantity of runoff from the site or cause any adverse affects on any downstream property.
Notwithstanding that Council has checked the plans with due care, where it is found during construction that variations from Council's standards exist, then Council standards must apply.
Council has undertaken an audit check of the Operational works drawings in relation to the proposed works. A detailed design check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of the engineering design. Council reserves the right to require further amendments and/or additions at a later date, should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.

PROPERTY NOTES

Not Applicable

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (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.

DECISION NOTICE HISTORY
MCU11/0168 & OPW11/0257 - Original Decision Notice - 27 September 2011
MCU11/0168 & OPW11/0257.01 - Changes to an Existing Approval - 14 August 2012

Yours faithfully

Glen Conforti
Development Planner

Encl. 	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.

FM1512s/1-07/04/2010	Page 10 of 11

FM1512s/1-07/04/2010	Page 1 of 11

OPW11/0257.01