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NEGOTIATED Decision Notice [As Published] · 132006.1354

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NOOSA COUNCIL IDAS Development Application Decision Notice                                                      9 of 12



                                         Local Laws, Policies & State
                                         Regulation Requirements
                                         INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


     THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM
                             CONDITIONS OF APPROVAL

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.         In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement,
           concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could
           reasonably be expected to move into a roadside gutter, storm water drain or a watercourse. On the spot
           fines apply for such offences.

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 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.

4.         The Applicant is advised that the following attributes shall be placed on the Council’s rates records for the
           proposed lots once a Development Permit is issued to advise prospective purchasers of Council's
           requirements regarding bushfire management, house siting, sewage treatment method, and effluent
           disposal:-

           4.1.   “A Bushfire Management Plan exists for this property. A copy may be obtained from Council’s Land
                  Development Section – Phone 5449 5261.”

           4.2.   “The property is in an unsewered area. Effluent shall be disposed of on-site in accordance with
                  Council’s policy for on-site wastewater disposal current at the time of Building Works. A detailed
                  site assessment and effluent land application design will be required to be submitted to Council at
                  the time of application for a Development Permit for Building Works.
                  You are advised that a preliminary investigation for this site indicated that a secondary wastewater
                  treatment system may be required.
                  For further information regarding on-site wastewater disposal please contact Council’s Plumbing
                  Services Department.”
           4.3.   “The effluent disposal system for this lot shall be located generally in accordance with plan 38411-
                  1f dated 23/04/06 as prepared by Murray & Associates.”
B.      Finds that despite the proposal’s conflict with the Business, Industry and Community Focus designation
        under the Superseded Planning Scheme, the application is able to be supported because:-
      I. It is consistent with the Detached Housing zoning adopted under The Noosa Plan; &
     II.   Although the proposal does not meet the minimum allotment size under the Specific Outcome of the
           Reconfiguring a Lot Code, it satisfies the Overall Outcomes of the Code and is consistent with the purpose
           of the Code in providing allotment sizes appropriate for the intended use.




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