Council archive · source document
Decision Notice - 010.2009.00000512.001 [As Published] · 132009.512
Officer: Glen Conforti
Direct Telephone: (07) 5449 5379
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2009/512
Your Reference: 00756 L01 NG
11 June 2009
AKK Investments Pty Ltd
CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
Dear Madam
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 10 June 2009 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2009/512
Street address: 34 Park Crescent, Sunshine Beach
Real property description: Lot 596 RP 48112
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use - Detached House (Superseded Planning
Scheme)
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development: -
Plan / Document No. Rev. Plan / Document Name Date
dwg.1 Third Level Floor Plan – Macchia Pty 8 July 2008
Ltd
dwg.2 Second Level Floor Plan – Macchia Pty 8 July 2008
Ltd
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2009/512
dwg.3 First Level Floor Plan – Macchia Pty Ltd 8 July 2008
dwg.4 West Elevation – Macchia Pty Ltd 30 September
2008
dwg.5 North Elevation – Macchia Pty Ltd 11 November
2008
dwg.6 East Elevation – Macchia Pty Ltd 11 November
2008
dwg.7 South Elevation – Macchia Pty Ltd 11 November
2008
dwg.8 Section A-A – Macchia Pty Ltd 30 September
2008
dwg.9 Section B-B – Macchia Pty Ltd 11 November
2008
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. Earthworks required on site shall 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 concentrate or direct overland flow onto an
adjoining property.
4. The beam and associated roof structure to the southern side of the garage shall be removed
from within the front setback.
5. The building height and the privacy screen to the north side of the dwelling shall not exceed
8.0 metres above the natural ground level and the finished ground level.
6. 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.
7. One native 45-litre street tree shall be planted to the road reserve in accordance with Council’s
Landscaping Guidelines.
8. All vegetation retained shall be protected from interference resulting from clearing or
construction activities by:
8.1 Clearly marking vegetation to be retained with flagging tape;
8.2 Installing protective fencing around the drip line of the vegetation;
8.3 Stockpiling, storage and vehicle parking occurs in already cleared areas and does not
cause interference with vegetation; and
8.4 Low impact construction techniques are used around vegetation to minimise
interference with the vegetation.
9. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
9.1 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.
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2009/512
9.2 Disposal for firewood.
9.3 Disposal for landscaping purposes.
9.4 Transport to alternative site for breaking down materials provided that all necessary
permits have been obtained to allow the alternate site to be used for this purpose.
9.5 The Applicant is advised that other methods may be considered provided full details of
the method are submitted.
9.6 The applicant is advised that burning off is an unacceptable method of disposal.
10. Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 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.
11. A minimum of 20% of the site shall be retained as soft landscaping.
12. Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) are
not constructed under overhead electricity transmission lines, or within any easements.
13. A geotechnical report, prepared by a registered professional engineer shall be obtained and: -
13.1 certify that the site is not at risk from landslide emanating from the site or from other
land; or
13.2 identify methods of stabilising all buildings, access ways and uses areas; and where
the geotechnical report identifies methods of stabilising buildings, access ways and
uses areas. The development shall implement those methods, which are
recommended.
14. External colours and finishes of the building shall comprise of muted/environmental tones that
blend with the natural environment.
Demolition or Relocation of the Existing Dwelling
15. Infrastructure including reticulated water, sewerage, stormwater, and electricity are to be
protected from damage and made safe to the standard required by the regulatory authority;
16. All infrastructure must be disconnected, capped or sealed including:-
16.1 electricity meters removed and electrical wires disconnected; and
16.2 telephone lines are disconnected; and
16.3 high speed data cables and television provider boxes are disconnected and removed
to the standard required by the regulatory authority;
17. 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.
18. 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.
19. All building materials containing asbestos products must be disposed on in accordance with
industry best practice.
20. A temporary crossing must be provided to protect road reserve infrastructure including kerb
and channel;
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2009/512
21. Any damage to footpaths, street plantings, kerb and channel or roadways at the removal site,
the relocation site or between the sites must be repaired or reinstated to at least pre-existing
conditions.
22. 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 (available at
www.healthywaterways.org).
23. All disturbed areas must be revegetated or otherwise stabilised at the completion of the works.
Disturbed areas are revegetated using species identified in PSP3 – Landscaping Plants and
Guidelines.
24. 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.
25. A Waste Management Plan shall be submitted for the demolition to Planning Assessment,
Tewantin Office, Sunshine Coast Regional Council, prior to the development permit for
building works being issued. The Plan shall contain the following information:-
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated volume On-site *specify Off-site *Specify
materials (m³) proposed reuse or *specify contractor &
onsite recycling contractor & landfill site
methods recycling outlet
Excavation
material
Green waste
Bricks
Concrete
Timber –
please specify
Plasterboard
Metals – please
specify
Asbestos
Other – please
specify
NOTE: Details of site area to be used for onsite separation, treatment and storage (including
weather protection) shall be provided on the plan drawings accompanying your application.
Relevant Period
26. The Development Permit for a material change of use lapses if the use has not happened by
10 June 2013, unless an application to extend the relevant period is approved by Council.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
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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
dwg.1 Third Level Floor Plan – Macchia Pty 8 July 2008
Ltd
dwg.2 Second Level Floor Plan – Macchia Pty 8 July 2008
Ltd
dwg.3 First Level Floor Plan – Macchia Pty Ltd 8 July 2008
dwg.4 West Elevation – Macchia Pty Ltd 30 September 2008
dwg.5 North Elevation – Macchia Pty Ltd 11 November 2008
dwg.6 East Elevation – Macchia Pty Ltd 11 November 2008
dwg.7 South Elevation – Macchia Pty Ltd 11 November 2008
dwg.8 Section A-A – Macchia Pty Ltd 30 September 2008
dwg.9 Section B-B – Macchia Pty Ltd 11 November 2008
7 ADVISORY NOTES
The following Advisory Notes 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. Prior to the commencement of the development, a plumbing assessment must be obtained
from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage
Act 2002 (as applicable).
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.
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2009/512
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:
Detached House Driveways Code
12 SUBMISSIONS
Not applicable
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
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.
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
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,
Tracy Jones
SENIOR PLANNING OFFICER
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2009/512
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 relevant 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 relevant 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 relevant 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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2009/512
(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 relevant 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)
Page 8 of 8
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