Council archive · source document
Decision Notice - 010.2007.00002238.001 [As Published] · 132007.2238
Officer: Evelyn Murphy
Direct Telephone: (07) 5449 5225
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2007/2238
Your Reference:
18 November 2008
Telstra Corporation Pty Ltd
CARE Daly International
Level 2/24 Little Edward Street
SPRING HILL QLD 4000
Dear Sir
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 13 November 2008 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2007/2238
Street address: Cooyar Street, Noosa Heads
Real property description: Lot 15 SP 177649
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use - Service & Utility Type 3 - Tower
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
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:
Plan / Rev. Plan / Document Name Date
Document No.
Q107632 1 Site Locality & Access Plan – Larkin Teys -
Consulting Pty Ltd
Q107632 2 Site Layout – Larkin Teys Consulting Pty Ltd 07 May 2008
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2007/2238
Q107632 2 Site Elevation – Larkin Teys Consulting Pty Ltd 7 May 2008
Q107632 1 Site Plan for Lease Purposes – Larkin Teys -
Consulting Pty Ltd
and as may be amended by these conditions.
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. 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 prepared by a suitably
qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to
the premises being occupied and maintained at all times thereafter.
4. Existing trees on the site and within road reserves shall be retained.
5. The development shall not exceed a maximum height of 25 metres above natural and finished
ground level.
6. The development shall comprise a ‘pale eucalypt’ colour scheme to assist in its integration with
the surrounding landscape.
7. The Development Permit for a material change of use of premises lapses if the use has not
happened by 13 November 2012 unless an application to extend the currency is approved by
Council.
Land Development
Vehicle Access
8. Vehicular access to the facility shall be from Cooyar Street only.
Erosion and Sediment Control
9. 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.
In this regard plans detailing the methods of controlling erosion and sediment are required to
be submitted as part of any application for a Development Permit for Building Works.
Contributions Towards Council Infrastructure
10. Monetary contributions shall be paid to 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:
PSP12 – Public Open Space Contributions (Park) $193
PSP20 – Pathway Trunk Network Contributions $243
TOTAL Contribution Amount = $436
Please note, that these amounts are all subject to variations in the Consumer Price
Index, All Groups Brisbane from June 2008 until the date of payment.
All contributions must be paid prior to the issue of a commencement of the use.
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2007/2238
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Part of the land is on the Concurrence Environmental Contaminated Land Unit
Contaminated Land Protection Agency GPO Box 2771
Register BRISBANE QLD 4001
Site contains Concurrence Department of PO Box 573
assessable vegetation Natural Resources NAMBOUR QLD 4560
& Water
A copy of any referral agency conditions is attached.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
Q107632 1 Site Locality & Access Plan – Larkin -
Teys Consulting Pty Ltd
Q107632 2 Site Layout – Larkin Teys Consulting 07 May 2008
Pty Ltd
Q107632 2 Site Elevation – Larkin Teys Consulting 7 May 2008
Pty Ltd
Q107632 1 Site Plan for Lease Purposes – Larkin -
Teys Consulting Pty Ltd
7 ADVISORY NOTES
The following Advisory Notes 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
Service and Utility
Type 4 Treatment,
Detached House Vacant Land recycling & disposal to 66m2 1 X tower
Service and Utility
Type 3 -Tower
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 estimated amount of $2,354 and is subject to variations in the Consumer
Price Index, All Groups Brisbane from June 2008 until the date of payment. An Infrastructure
Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act
1997.
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2007/2238
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 (ACH Act).
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 ACH 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 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
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 SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Advertising Devices Code
12 SUBMISSIONS
There were seven (7) properly made submissions about the application. In accordance with
Integrated Planning Act 1997, the name and address of the principal submitter for each properly
made submission is provided and attached.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
1. The proposed telecommunications facility will improve mobile phone and broadband coverage
for Noosa Heads;
2. The proposed telecommunications facility provides for the efficient provision and use of
telecommunications services to the community consistent with the Desired Environmental
Outcomes of The Noosa Plan; and
3. The potential impacts of the telecommunications facility will be minimised by surrounding
vegetation and its setback distances from nearby residences and surrounding roads.
14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
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2007/2238
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).
15 OTHER DETAILS
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.
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,
Kerri Coyle
MANAGER – LAND USE
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2007/2238
List of Submitters
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
Kevin Weston & Virginia Weston
PO Box 704
NOOSA HEADS QLD 4567
Martin Day & Patricia Fast
120 Noosa Springs Drive
NOOSA HEADS QLD 4567
Elmi Moll-Ribeiro
11 Currawong Street
NOOSA HEADS QLD 4567
Manuel Ribeiro
11 Currawong Street
NOOSA HEADS QLD 4567
Stephen Rudall & Rozanne Rudall
4 Moonare Crescent
NOOSA HEADS QLD 4567
K S Hunwick & K V Hunwick
13 Belfa Place
NOOSA HEADS QLD 4567
Mr T Badyk & Mrs A Baddick
24 Currawong Street
NOOSA HEADS QLD 4567
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2007/2238
Referral Agency Conditions –
Department of Natural Resources &
Water
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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Page 8
2007/2238 Page 8 of 10 [OCR of page images] 2007/2238 NRW — Referral agency response 2007/011648 ad with the Aboriginal party for the area or a cultural heritage management plan approved under Part 7 of the Aboriginal Cultural Heritage Act 2003. Applicants should also undertake a search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit, NRW. Application forms to undertake a free search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultura! Heritage Register may be obtained by contacting the Cultural Heritage Coordination Unit on (07) 3238 3838 or on the NRW website— www. nrw.qid.gov.au/cultural_heritage. Delegated officer signature Y Mr Brett Johnson Senior Vegetation Management Officer South East Region, NRW 30 November 2007 Page 2 of2 Page 8 of 10
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2007/2238
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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
Division 8 - Appeals to court relating to for the application are not available against the part of
development applications the approval that represents the 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
may appeal to the court against any of the following- 4.1.29.(1) An advice agency may, within the limits of
its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development 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
under section 3.1.6;1 (b) the advice agency told the applicant and the
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
(e) a deemed refusal. decision notice is given to the advice agency as a
(2) An appeal under subsection (1)(a) to (d) must submitter.
be started within 20 business days (the “applicant’s Appeals for matters arising after approval given
appeal period”) after the day the decision notice or (co-respondents)
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be development application, a person to whom any of the
started at any time after the last day a decision on the following notices have been given may appeal to the
matter should have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application extension of the currency period for an approval;
may appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including minor change to an approval.
any conditions (or lack of conditions) or other (2) The appeal must be started within 20 business
provisions of the approval; or days after the day the notice of the decision is given to
(b) the length of a currency period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day approval resulted from a development application
the decision notice or negotiated decision notice is (superseded planning scheme) that was assessed as
given to the submitter. if it were an application under a superseded planning
scheme.
(3) If a person withdraws a submission before the
application is decided, the person may not appeal the (4) Also, a person who has made a request
decision. mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.
(4) If an application involves both impact
assessment and code assessment, appeal rights for (5) An appeal under subsection (4) may be started
submitters are available only for the part of the at any time after the last day the decision on the
application involving impact assessment. matter should have been made.
(5) If an application is processed under section Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the Appeals for matters arising after approval given
application are available only for the aspects of the (no co-respondents)
development that would have required public
notification under the repealed Act. 4.1.31.(1) A person to whom any of the following
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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2007/2238
(b) a notice under section 6.1.442 giving a decision to (d) the length of a period mentioned in section 3.5.21
change or cancel a condition of a development currency period;
approval. (e) a deemed refusal.
(2) The appeal must be started within 20 (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision be started within 20 business days (the “applicant’s
is given to the person. appeal period”) after the day the decision notice or
(3) Also, a person who has made a request negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request. started at any time after the last day a decision on the
(4) An appeal under subsection (3) may be matter should have been made.
started at any time after the last day the decision on The Registrar for the Building and Development
the matter should have been made. Tribunal may be contacted at the website
Appeals against decisions to change approval http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
For Infrastructure Charges Only
decision made on an application to change the 4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under charges
section 2.19(3)or section 4.4 of the repealed Act may (1) This section applies to a person who has been
appeal to the court against- given, and is dissatisfied with, an infrastructure
(a) the decision; or charges notice or a regulated State infrastructure
(b) a deemed refusal of the application. charges notice.
(2) An appeal under subsection (1)(a) must be (2) The person may appeal to the court against the
started within 20 business days after the day notice of notice.
the decision is to be given to the person. (3) The appeal must be started within 20 business
(3) An appeal under subsection (1)(b) may be days after-
started at any time after the last day a decision on the (a) if the notice is given because of a development
matter should have been made. approval or master plan approval-the day the
Appeals against local laws applicant is given notice of the decision about the
approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions (b) otherwise-the day the notice is given to the
applied under a local law about the use of premises or person.
the erection of a building or other structure permitted (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court (a) whether a charge in the notice is so
against the decision or the conditions applied. unreasonable that no reasonable relevant local
(2) The appeal must be started within 20 business government, State infrastructure provider or
days after the day notice of the decision is given to the coordinating agency could have imposed it; or
applicant. (b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the appeal under this section can not be about the
Integrated Planning Act 1997 as follows: methodology used to establish the charge in the
relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval,
including any condition applying to the
development, and the identification of a code
under section 3.1.6;3
(c) the decision to give a preliminary approval when a
development permit was applied for;
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override
local planning instrument)
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