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Decision Notice_25Feb04 · 132003.221048.1

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Form 6 - Negotiated Decision Notice

INTEGRATED PLANNING ACT 1997, $3.5.15, DAS DEVELOPMENT APPLICATION

 

 

 

File No: 23543 DA Dete of Decision: 25 February 2004 &
APPLICANT DEAS
Name: JOHN & JANET FERGUSSON

Postal address: C/- DILLON FOLKER TOWN PLANNERS PO BOX 605 MAROOCHYDORE QLD 4558

 

 

Phone no: 5443.5566 Fax no: 5443.9977 Mobile:
roves nea a Sn EMS sheen tn eves snes cron gt esata

Street address: 89 EUMUNDI NOOSA ROAD
Suburb/locality = NOOSAVILLE

Reai property 80RP71151 PARISH TEWANTIN COUNTY MARCH

 

 

 

 

 

 

   

 

description:
Is. OWNER DETAILS -
Name: JOHN R & JANET H FERGUSSON
‘Postal address: 5 MOLONEY STREET, TOOWOOMBA QLD Postcode: 4350
REFERRAL RENE
Referral Agency Address Basis

Nil

APPLICATION TYPE

   

      

Development Development Details Preliminary Deveiopment
Approval Permit
Material Change of Use Home Sased Business - Class 3 - NO YES
. Physiotherapy
seein cnn nnn St

 

6. DECISION DETAILS

‘im a A NORCENT RNC sc eset

Council on 3 February 2004, decided to approve the application and grant a Development Permit, subject to
conditions,

  

in reiation to representations made about Condition 12, Council on 25 February 2004, resolved to:-
A. Approve the change.
B. issue a Negotiated Decision Notice.

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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 appiicable,
8. SUBMISSIONS

Not applicabie
Full text of the other 4 pages

Page 2

NOOSA COUNCIL IDAS Development Application Decision Notice

 

‘9. CONDITIONS oo Oo ny

The approval is subject to conditions. Noosa Council's conditions are attached.

   

40. FURTHER DEVELOPMENT PERMITS REQUIRED

Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works Change of Classification

Deveiopment Permit for Operational Works Landscaping, car parking and access, stormwater disposal,

sediment and erosion control

 

 

 

 

 

area ny
Rights of appeal in relation to this application are attached.
"42. ASSESSMENT MANAGER —s—~SCOCOC—C'~™C'*Cd
Name: Noosa Council Signature: . Ei - Date: 26/02/04
DECISION NOTICE HISTORY — :

   

| Original Decision Notice 3 February 2004. ‘
ie Negotiated Decision Notice to the approval wit
+ amendment to Condition 12 approved 28/2/2004.

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Page 3

NOOSA COUNCIL IDAS Development Appiication Decision Notice 3

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Noosa Council Conditions

INTEGRATED PLANNING ACT 1997, DAS DEVELOPMENT APPLICATION

 

Land Use Conditions

Development undertaken in accordance with this approval must generally comply with the approved pians
of development. The approved plans are; Site Plan and Fioor Plan 89 Eumundi Road, Noosaville’ by John
Ferguson, - dated September 2003 and as may be amended by these conditions.

Activities related to this business must be conducted in the designated areas nominated with this
application.

There is not to be more than 3 persons on the site for business purposes at any one time, and not more
thar. 1 of the 3 is an employee.

Hours of operation of the business are nct to occur between the hours of 6.60pm and 8.00am Monday ito
Saturday, with no business operations to occur on Sundays or Public Holidays.

To retain the amenity of the area commercial deliveries are not to exceed 2 per day.

Any advertising sign or device is to comply with the provisions of Council’s policies on advertising. Signs
erected on the property shall not exceed 0.3m’ in area and shail bear no more than the name, occupation
and telephone number of the occupier, and/or the registered business name. .

Existing trees on the site and within road reserves, along with the current on site landscaping
characteristics are to be retained.

This development permit for a material change of use of premises lapses if-

8.1. the use or erection of a building or other structure associated with the use, has not been
commenced by 14 uanuary 2008, unless application is made and approved by Council for and
extension; or

8.2. the use of any premises pursuant to the Development Permit ceases.

Land Development Conditions

9.

10.

41.

2k

13.

14.

 

Prior to undertaking any excavation, the person acting on this permit shall contact public utility service
providers to ascertain the location of their underground services,

The person acting on this permit shall apply and obtain all other necessary, permits including crane, road
opening, hoarding, footpath occupation and/or any other approvals required under any other Act or By-
Law.

The Applicant shail sign a written undertaking to be responsible for the full cost of repairs to road
pavement, footpath, kerb and gutter, or other Council property and facilities damaged as a result of
construction of the proposed development.

Carparking shall be provided within the site as shown on pian titled Site Plan 89 Eumundi Road,
Noosaville’ by John Ferguson except as modified herein for at least 4 spaces. The carparking area shall
be designed to comply with the provisions of AS 2890.1-1993.

The carparking area shall be drained and the sealed pavement constructed to access road standards.
Plans and specifications for these works shall be submitted in conjunction with an application for a
Development Permit for Operational Works.

All vehicles shall enter and leave the site in a forward direction.

  
 

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Page 4

NOOSA COUNCIL iDAS Development Application Decision Notice 4

18.

16.

17.

18.

19.

20,

24,

22.

23.

All designs for engineering works involving the construction of pavements, kerb and channel, vehicular
access, footpaths, turnouts, stormwater drainage, water supply or sewerage reticulation shall be prepared
in accordance with the requirements of Council's Engineering Design Standards, shall reference where
applicable to Council's Standard Drawings and shall incorporate best engineering practice.

To protect the environment against siltation/sediment export or soil erosion as a result of this
development, an erosion and sediment control pian shall be submitted prior to the issuing of a
Development Permit for Operational Works. Site control measures such as silt fencing, controlled gravel
access to the site and controlled disposal of waste, may be necessary. Prior to commencement of
building works, all physical site control measures shail be installed, and the pian adhered to.

Prior to commencement of Operational Works a $1,000 site contro! bond is required to be lodged with
Council to ensure complian-e with this condition. The bond will be refunded jess any costs incurred by
Council in ensuring compliance with this condition or any additional inspections incurred for substandard
work or works undertaken not in accordance with this permit.

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 disposai of
waste, will be necessary.

in this regard pians 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.

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.

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.

‘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 ‘he site shall
be covered to prevent materials including dust being windblown from the vehicle.

A Registered Professional Engineer of Queensiand shall certify engineering drawings and specifications
for all engineering works, which shall be submitted in conjunction with an application for a Development
Permit for Operational Works.

Environmentai Health Conditions

24.

Refuse containers must be provided in accordance with the requirements of the Environmental Protection
{interim Waste) Regulations 1996 and (Waste Management) Regulation 2000, for the storage and
collection of refuse.

 

Page 5

NOOSA COUNCIL IDAS Development Application Decision Notice

an

 

Fy Dee Local Laws, Policies & State Regulation
SA .
mol Requirements

INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

 

4 The plans submitted for a Development Permit for building works shouid comply with the approved pians
and the following requirements. The building may require to be modified to comply with the relevant
provisions of the Building Code of Australia relating to a Class 5 building part (physiotherapist treatment
room) and a Class 4 building part {remainder of the building) due to change of usage. This may require
the provision of disabied access to and within the building and tt.2 provision of disabied toilet facilities.
Fire separation and warning devices may also be required.

 

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