Council archive · source document
COMPILED Decision Notice [As Published] · 132005.2200.02
Form 6 - Compiled Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2005/2200 Date of Decision: 14 December 2007
1. APPLICANT DETAILS
Name: Patrick Michael Rafter
Postal address: CARE John Burgess Architects
PO Box 2044
BYRON BAY NSW 2481
Phone no: (02) 6685 7645
2. PROPERTY DESCRIPTION
Street address: 46 – 48 Seaview Terrace, Sunshine Beach
Real property Lots 59 & 60 RP 81810, County of March, Parish of Weyba
description:
3. OWNER DETAILS
Name: Patrick Michael Rafter & Lara Helen Rafter
Postal address: PO Box 2265
NOOSA HEADS QLD 4567
4. REFERRAL AGENCIES
Referral Agency Address Basis
Environmental PO Box 15155, City East Qld 4002 Concurrence Agency
Protection Agency
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Dwelling House & Swimming Pool in No Yes
Sand Dune Problem Area
6. DECISION DETAILS
Council on 27 February 2005 decided to approve the application and grant a Development Permit, subject to
conditions.
In relation to a request to change the existing approval, Council on the 14 December 2007 decided to:
A. Delete Condition 3.5.
B. Include an additional condition.
C. Issue a Compiled Decision Notice.
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Not applicable.
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8. SUBMISSIONS
Not applicable.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached. Conditions from the
Environmental Protection Agency, as a concurrence agency are also attached.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All building works
Development Permit for Operational Works Landscaping, car parking and access, site civil works,
stormwater drainage and erosion and sediment control.
11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
12. ASSESSMENT MANAGER
Name: Noosa Council Signature: Date: 14/12/07
DECISION NOTICE HISTORY
Original Decision Notice 27 February 2005.
Minor Change to the approval with Deletion of
Condition 3.5 & additional condition added on 14
December 2007.
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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:
1.1. Site Plan, Drawing Number DA 01;
1.2. Ground Floor Plan, Drawing Number DA 02;
1.3. First Floor Plan, Drawing Number DA 03;
1.4. Basement Plan, Drawing Number DA 04;
1.5. Elevations (North & South), Drawing Number DA 05;
1.6. Elevations (West & East), Drawing No DA 06;
1.7. Section (A-A), Drawing Number DA 07;
prepared by John Burgess Architects and dated 4 October 2006 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. The landscaping plan shall clearly indicate:-
3.1. The retention of all exiting native vegetation within 5 metres of the rear property boundary,
particularly the four (4) pandanus trees adjacent to the proposed pool;
3.2. Additional dense landscaping, comprising a mix of coastal species of ground cover, shrubs and
trees, shall be provided for a width of at least 5 metres form the rear boundary of the site to provide
adequate landscape buffering to protect the coastal dune system;
3.3. The relocation of the pandanus tree along the northern boundary of the site in a similar position to
its current location adjacent to the deck on the neighbouring property to the north.
3.4. The provision of 1 x 200L native species tree in the southwestern corner of the site to reduce the
visual dominance of the front setback intrusion and replace the existing Norfolk Island Pine tree to
be removed.
3.5. Deleted.
3.6. The removal of one (1) ficus species tree in the road reserve adjacent to the subject site and
replaced with 1 x 100L native species tree compatible with overhead power lines to be located in a
similar position.
4. Existing trees on the site and within road reserves are to be retained, except where required to be
removed due to building operations or the conduct of the approved use. These landscape plans required
to be submitted are to denote areas of existing vegetation or existing trees proposed or required to be
retained.
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5. A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged
with Council at completion of work confirming compliance with the maximum allowable building height as
required by either the conditions of approval or the Planning Scheme.
6. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted,
to secure performance of all conditions of this approval, prior to the issue of a Development Permit for
operational 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.
7. The requirements of this development approval are to be effected, prior to the use of the premises.
Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect
compliance with conditions.
8. 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.
9. The Development Permit for a material change of use of premises lapses if the use has not happened by
27 February 2011, unless an application to extend the currency is approved by Council.
Building Services
10. All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging,
must be removed from the building and disposed of in accordance with industry best practice.
11. Waste generated during construction must be stockpiled in a centralised location and covered as required
to prevent material being blown onto adjoining properties including the road reserve or food waste from
generating vermin. All site waste must be disposed of to an approved waste disposal facility either directly
or via an approved waste receptacle and collection service. Storage areas are to be located near the
temporary access to the site so that access can be gained with out damage to infrastructure.
12. Sediment and erosion control measures must be placed on site prior to the works commencing and shall
be maintained until all works are complete. The erosion and sediment control measures shall be in
accordance with the “Best practice guidelines for control of stormwater on building sites” prepared by
Healthy Waterways (copy attached or available at www.healthywaterways.org
<http://www.healthywaterways.org>).
13. 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 out materials either to or from the site
shall be covered to prevent materials including dust being windblown from the vehicle.
14. There is to be no uncontrolled discharge of water onto the slope.
15. Additional load due to fill, construction equipment or stockpiled materials should not be located on the
dune slope.
16. The use of vibratory equipment of any kind is not permitted to be used, including vibrating rollers, the use
of vibrating installation techniques for sheet piling and other construction vibrations caused by excavating,
earthmoving or demolition machinery or other similar construction techniques.
17. The construction management plan is to be adhered to.
18. A RPEQ is to be engaged by the client to oversee the piling works.
19. The applicant’s Geotechnical engineer will be required to be on site for any major excavation. The
construction of the whole of the foundations is to be overseen and directed by a consulting Geotechnical
engineer. If there is a risk of sand movement occurring, all work shall be suspended until such steps,
approved by the applicant’s Geotechnical engineer, have been taken to ensure that no further slippage
will result.
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Land Development
Lot Amalgamation
20. All separate, adjoining lots that form part of this application shall be amalgamated into one undivided lot in
accordance with Section 3.7.3 of the Integrated Planning Act and the Plan of Survey submitted for
registration at the Land Titles Office. Proof of title being issued for the amalgamated lot shall be
submitted to Council prior to the use commencing.
Vehicle Access
21. Vehicle access to the development shall be provided off Seaview Terrace via a variable width driveway
(4.5m wide at edge of the road bitumen and 6.5m wide at the property boundary) generally in accordance
with the submitted Drawing Nos 06668 – C3 (A) and 06668 –C4 (A) dated December 2006 by TOD
Noosa, except as modified herein.
22. The driveway shall be designed and constructed to Council’s design standards and to grades that prevent
vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath
without any level difference. Should any driveways be constructed to grades that do not comply with
AS2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do
comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the
footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
23. The design and the construction of the access drive shall ensure that surface runoff is directed away from
the garage and that an overland secondary flow path and/or adequate grated drain shall be provided and
constructed to discharge in a manner that does not cause scouring to the sand dune slope or adversely
impact on the adjoining properties.
Carparking
24. Carparking shall be provided within the site as shown on the submitted Drawing No 06668 –C4 (A) dated
December 2006 by TOD Noosa, except as modified herein.
25. The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for user class 1A
with a minimum head clearance (headroom) at any point of 2.2m.
Vegetation Protection & Preservation
26. All vegetation removal shall be minimised. Any bared soil shall be revegetated immediately, or protected
from erosion (eg by using erosion control matting) until revegetated.
27. Where retained trees are located in areas proposed to be filled on site (or are located on neighbouring
allotments to the actual site to be filled), there will be a need to prevent fill material from being placed on
the trees root system. To this end the design of the filling works will need to incorporate terracing around
the tree or a similar means of ensuring that the natural ground level around the trees remains generally
the same as existing. These measures shall clearly be shown on the plans submitted for Operational
Works approval and any drainage required to drain these areas shall also be shown on the plans.
Frontage Works
28. Footpath improvements such as topsoiling, grassing, and tree planting are required to the frontage of the
site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines. Grass shall be
couch, free of weeds.
Stormwater Drainage
29. All stormwater drainage shall be collected on site and discharged generally in accordance with the
engineering plans, Drawings Nos 1658 and 1658-1 dated 13 December 2006 by Construction Hydraulic
Building Service Engineers and as amended by the Plumbing Permit.
30. Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank (minimum
storage 5000 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 or as approved in the
Plumbing Permit. 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 and infiltration trenches shall
be clearly shown on the plans submitted for Building Works approval and any overflow shall be directed to
infiltration and/or overflow trenches generally in accordance with Drawings Nos 1658 and 1658-1 dated
13/12/2006 by Construction Hydraulic Building Service Engineers and ensuring not to adversely impact on
the sand dune slope and/or the adjoining properties. A Compliance Permit for plumbing works shall be
required.
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31. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
32. The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in
accordance with Council’s standards and requirements at no cost to Council.
33. All effluent waste flows from the developed site shall be directed to the internal pump well or holding
tank/s generally in accordance with the Integrated Water Management Plan report dated December 2006
and Drawing No 1658-2 dated 13 December 2006 by Construction Hydraulic Building Service Engineers.
34. The sewer pumping system shall have minimum a 12 hour storage capacity between alarm and overflow
levels. The system is to be connected to a 24 hour monitoring service which is notified in the event of a
high level alarm. The system shall be designed to ensure that the pressure main has less than a one
hour detention time to prevent odour production including during occupant absences. A flushing system
may be required to ensure detention times do not exceed one hour. Engineering plans for the sewer
layout and the sewer pumping system shall be submitted to Council for approval prior to the Pluming and
Drainage Application. Any enquires in relation to this matter can be directed to Council’s Sewer Section
(Tel 54495288).
Earthworks and Site Stability
35. All civil works on the site shall take into consideration the findings and the recommendations of the
geotechnical investigation report Project 306-2512 dated December 2006 by Soil Surveys Engineering.
36. Earthworks required on site shall be undertaken without the use of vibratory equipment and in a manner
does not compromise the stability of the site or adversely impact on the stormwater drainage pattern and
be in accordance with the recommendations of the geotechnical investigation report Project 306-2512
dated December 2006 prepared by Soil Surveys Engineering.
37. All excavations both temporary and permanent must be adequately retained to prevent the occurrence of
landslip and the retention works shall be carried under direct guidance and supervision of a geotechnical
engineer.
38. Earthworks carried out on site shall not affect the structural integrity of any of the existing fences,
services, road stability or structures that border the development site. Fences that are affected shall be
replaced prior to plan endorsement. In this regard any fences to be replaced shall be clearly shown on
the plans submitted for Operational Works approval.
39. The footings and foundation works shall be founded to a depth recommended by a geotechnical engineer.
Any shallow footings or ground bearing slabs design shall address the potential of slope movement in
detail.
40. Detailed design engineering plans of the foundation and retention works shall be submitted to Council
prior to obtaining the Development Permit for Operational Works. The design plans shall be certified by a
suitably experienced RPEQ.
41. A Geotechnical Engineer or similar qualified expert shall establish whether any measures are required to
protect the stability of adjoining buildings and/or structures, and make recommendations on the type of
foundation system(s) best suited for the proposed development. This information shall be submitted to
the Council for assessment and approval prior to obtaining a Development Permit for Operational Works.
42. An existing Conditions Survey is to be carried out on adjoining buildings, structures, fences and
landscaping prior to any construction works taking place on site. If distress already exists, a photographic
survey shall be undertaken, the distress measured and a plan to monitor changes to distress shall be
implemented. A copy of this report is to be submitted to Council within 5 business days of survey and prior
to construction work proceeding.
Erosion and Sediment Control
43. 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. Giving the sensitivity of the site the type of erosion control devices and the
manner of their installation shall not compromise the integrity of the sand dune and the steep slope.
44. In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted
to the Council for approval prior to obtaining a Development Permit for Operational Works.
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General
45. 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.
46. 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.
47. 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
48. The three (3) Casuarina species trees in the road reserve adjacent to the subject site shall be replaced
with three (3) Acronychia imperforate (Fraser Island Apple) species of 45 Litre pot size.
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Concurrence Agency Conditions –
Environmental Protection Agency
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
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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. Any building works partly or completely seaward of the Coastal Building Line under the Coastal Protection
and Management Act 1995 requires referral to the Environmental Protection Agency.
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. Fencing to the swimming pool must comply with the Queensland Building Act 1975 Part 3 (as amended)
and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from the dwelling to the
pool enclosure is not permitted.
5. 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.
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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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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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