Decision Notice - 010.2007.00002522.001 [As Published] · 132007.2522

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NOOSA COUNCIL IDAS Development Application Decision Notice                                               2 of 6

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.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                              Date:       01/02/08




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                     3 of 6




                                     Noosa Council Conditions
                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


Land Use
1.     Development undertaken in accordance with this approval must generally comply with the approved plans
       of development. The approved plans are titled and numbered Site Plan, 0197/07/01; Architectural Floor
       Plan, 0197/07/02; and Architectural Elevations, 0197/07/03 by XL Project Management and dated 10
       October 2007 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.     Fences shall not exceed a maximum height of 2 metres, with fencing of the northern property boundaries
       not to exceed 1.2 metres in height.

4.     Side boundary fences shall be setback 2 metres from the road reserve.

5.     The building shall not exceed 8 metres above natural ground level.

6.     All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
       (LPG or natural).

7.     Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) are not
       constructed under overhead electricity transmission lines, or within any easements.

8.     The Development Permit for a material change of use lapses if the use has not happened by 30 January
       2012, unless an application to extend the currency is approved by Council.

Land Development
Contributions Towards Council Infrastructure
9.     Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading
       various infrastructure at the rates applicable at the time of payment. An estimate only of the contribution
       amounts under the current Council policies and requirements is outlined in the table below:

        Contribution Required For:                                                              Amount:

        PSP20 – Pathway Trunk Network Contributions                                             $ 682

        TOTAL Contribution Amount =                                                             $ 682
        Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane
        from DECEMBER 2007 until the date of payment.
       All contributions must be paid prior to the commencement of use.

Stormwater Drainage
10.    Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank (minimum
       storage 5,000 litres per dwelling) that is installed to ensure water from the tank can be used for external
       uses (such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools,
       outdoor cleaning, etc) and for use in flushing of toilets internal to the dwelling. All rainwater tanks are to
       be designed and installed in accordance with the Queensland Development Code (QDC), Part 25 –
       Rainwater Tanks, and shall be part of the plumbing application in conjunction with the building approval.
       The location and capacity of the tank shall be clearly shown on the plans submitted for Building Works
       approval and any overflow shall be directed to the stormwater drainage system located at northern end of
       the property.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                     4 of 6



                                      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 applicant is advised that development contributions and infrastructure charges applicable to this
        development approval have been based on the following Uses Class/ Uses and applicable quantities:-

                       Existing Development                                  Approved Development

         Existing Use Class /                                   Approved Use Class
                                      Existing Quantity                                      Approved Quantity
                 Use                                                  / Use
         Detached House             NIL (Vacant Land)           Detached House              1 x Detached House

2.      The Applicant is informed that approval of this development application will trigger an Infrastructure
        Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the amount of
        $2,818 and is subject to variations in the Consumer Price Index, All Groups Brisbane from DECEMBER
        2007 until the date of payment. An Infrastructure Charge Notice will be issued in accordance with
        Chapter 5 of the Integrated Planning Act 1997.

3.      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.

4.      The applicant is advised that a Compliance Permit for all plumbing and drainage works within the
        boundaries of the development site shall be obtained from Council’s Plumbing Services Section prior to
        obtaining a Development Permit for Building Works.

5.      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:-

        5.1.   On a Sunday or public holiday, at any time; or

        5.2.   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.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                           5 of 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
   Planning Act (Chapter 4).                                              a concurrence agency code, appeal rights for
                                                                          submitters for the application are not available
   Division 8 - Appeals to                   court      relating     to   against 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    a development approval for a development
       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
                            1
       under section 3.1.6;                                                   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
       (3) An appeal under subsection (1)(e) may be                       the following notices have been given may appeal to
   started at any time after the last day a decision on the               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
      (4) If an application involves both impact                          started at any time after the last day the decision on
   assessment and code assessment, appeal rights for                      the 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-
                                                                          (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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NOOSA COUNCIL IDAS Development Application Decision Notice                                             6 of 6

                                      2
(b) a notice under section 6.1.44 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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