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03.1 - Decision Notice s63

Attached to the e-mail Operational Works Application OPW21/0120 - DA Form 1, Plans, Civil Plans, Surveyor Plan, Certifier DA.

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                                                                                                                Suncoast Building Approvals
                                                                                                                                        3/63 The Esplanade
                                                                                                                                    Maroochydore QLD 4558

                                                                                                                                              PO Box 1054
                                                                                                                                    Maroochydore QLD 4558

                                                                                                                                         Phone: 07 5443 7288
                                                                                                                                           Fax: 07 5443 8816
A.B.N: 52 506 575 031                                                                                                         Email: [email protected]

 Development Building Applica on Decision No ce
 This Permit is issued in accordance with Section 282 s63(2) of the Planning Act 2016

 Building Cer fier Reference Number:                                                     00011210
 Approval Type:                                                                         Development Building Application Decision Notice
 The Development Applica on was Assessed and:                                           Approved with Condi ons
 Building Cer fier Decision Date:                                                        Friday, 26 March 2021
 Local Government Area:                                                                 Noosa Council
 Applicant:                                                                             McIntosh Building
 Owner:                                                                                 D Booth
 Address of Site:                                                                       12 Ponderosa Avenue
                                                                                        COOROY QLD 4563

Building Class & Descrip on of Works:
 1a                    New Construc on of Secondary Dwelling - 1 Storey

Real Property Descrip on of Site or GPS Coordinates:
 Lot Type:          Lot No:          Plan Type:            Plan Numbers(s):
 Current            9                RP                    213046
This Development Permit Approval should be read in conjunction with:
 Referal and Concurrence Agencies (If Applicable) :                                                         See A achment A
 Required Inspec ons :                                                                                      See A achment A
 Approved Drawings and Documents Described as :                                                             See A achment A
 Required Cer ficates and Building Cer fiers Condi ons :                                                      See A achment A
 Other Applicable Codes (If Known) for Self Assessable Development:                                         See A achment A
 Reason for Refusal (If Applicable):                                                                        See A achment A




 Date of this No ce: Friday, 26 March 2021
 Date of Expiry:                     Sunday, 26 March 2023

 Cer fier:                                           Licence Number:                                     Signature:
 Richard Holden                                          A15099981


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                                                           ATTACHMENT A
                                                     REQUIRED INSPECTIONS
 Descrip on                                                       Recommended Agent                Contact
 Foo ngs / Founda on Inspec on                                    RPEQ Engineer                    RPEQ Engineer
 Slab Inspec on                                                   RPEQ Engineer                    RPEQ Engineer
 Frame Inspec on                                                  RPEQ Engineer                    RPEQ Engineer
 Final Inspec on                                                  Suncoast Building Approvals

                                                   REQUIRED CERTIFICATES *
 Engineer - Foo ng Inspec on Form 16
  Please provide a Form 16 Engineer Cer ficate
 Surveyor - As Constructed Setout Form 16
  Please provide a Form 16 Surveyors Cer ficate
 Aspect Form 16
  Required Cer ficate
 Engineer - Slab Inspec on Form 16
  Please provide a Form 16 Engineer Cer ficate
 Prefabricated Trusses Form 15, Layout Plan & Hold down report
  Please provide a Form 15 Truss Cer ficate
 Bushfire Construc on Form 16 (BAL)
  Please provide Bushfire Construc on Form 16
 Electrical - Smoke Alarm Installa on Form 16
  Please provide a Smoke Alarm Electrical Cer ficate Form 16
 Energy Efficiency Compliance Form 16
  Please provide Energy Efficiency Compliance Form 16
 Engineer - Framing Inspec on Form 16
  Please provide a Form 16 Engineer Cer ficate
 Glazing - Shower Screens Form 15/16
  Please provide Shower Screen Glazing Form 15
 Glazing - Windows and Doors Form 15
  Please provide a Window Glazing Form 15
 Glazing Bushfire Form 15
  Required Cer ficate
 Termite Treatment Form 16 & Installa on Diagram
  Please provide Termite Treatment Form 16 & Installa on Diagram
 Water Proofing Form 16
  Please provide Waterproofing Form 16
* Addi onal cer ficates may be requested upon inspec on of the building work.

                                                     BUILDING CONDITIONS
 Standard Building Condi ons
 1       If the building is to change from that shown on the approved plan then amended plans are required to be
         submi ed for approval and the relevant amended plan fee be paid. A Form 5 signed by the owners, (or owners
         consent) is to be submi ed for all amended plans requiring approval.
 2       Excava on work on a vacant property using unprotected embankments and adjacent to another allotment can be
         undertaken provided the top of a cut ba er and the toe of the fill ba er is contained with the property boundary
         and the slope of the unprotected complies with the appropriate soil classifica on slope ra o described in Table
         3.1.1.1 of BCA Housing Provisions.
 3       The following cer ficates by approved and accredited consultants are to be submi ed to the Building Cer fier for
         work that has been carried out in compliance with:
         •          the approved design submi ed or accredited system

 Attachment A                                                 Ref: 00011210                                    Page 2 of 8

Page 3

                                                 ATTACHMENT A
                                             BUILDING CONDITIONS
      •           the requirements of the Building Code of Australia
      •           all relevant Australian Standards
      The required cer ficates include:-
                  a) any structural inspec on cer ficates;
                  b) glazing cer ficate for windows, glass doors and shower screens;
                  c) waterproofing of wet areas, balconies, decks and retaining walls;
                  d) termite treatment;
                  e) truss criteria , layout and e down details;
                  f) smoke alarm installa on cer ficate;
                  g) setout cer ficate if the foo ng inspec on was not conducted by the Private Cer fier;
                  h) cer ficate of compliance with Energy Efficiency Provisions of BCA Volume 2;
                  i) cer ficate of compliance with Part 4.1 QDC Sustainable buildings plumbing and electrical items.
                  j) cer ficate of compliance with Acous c requirements, if applicable (nota on will be on architectural
      plans if applicable)
                  k) surveyors cer ficate confirming minimum floor level, if applicable (nota on will be on architectural
      plans if applicable)
4     Excava on work for drainage trenches adjacent to buildings can be undertaken provided the angle to determine
      the safe area for excava on is taken from the bo om of the shallowest point of the foo ng and is in accordance
      with Figure 3.1.1.2 and the slope ra o complies with Figure 3.1.1.1 of BCA Housing Provisions.
5     All glazing in buildings is to comply with the requirements of Part 3.6 of BCA Housing Provision and AS1288, and
      AS2047. A glazing cer ficate from the manufacturer for compliance with AS1288, and AS2047 must be provided on
      comple on.
6     Gu ers, downpipes and loca ons as well as underground pipes are to be designed in accordance with Part 3.5.2 of
      BCA Housing Provisions, or AS/NZS 3500 Parts 3 and/or 5.
      To meet overflow provisions using controlled back gap (10mm gap, eg Strammit batclip); or controlled front bead
      height (front of gu er 10mm lower than top of fascia).
      -           Small gu er 5200mm2 cross sec on (eg. Lysaght Quad 115) maximum 30m2 per down pipe
      -           Medium gu er 6300mm2 cross sec on (eg Lysaght Trimline) maximum 40m2 per downpipe
      -           Large gu er 7900mm2 cross sec on (Eg Lysaght 175 quad) maximum 50m2 per downpipe
      When gable or lean too roof addi onal overflow measures required such as a rainhead, or inverted nozzle will be
      required.
7     All lintels and framing have been checked for uniform distributed loadings. Where girder trusses or other point
      loads are to be supported over lintels and on verandah plates, sizes are to be confirmed by the truss manufacturer
      or structural engineer prior to the frame inspec on and plans amended accordingly.
8     New Class 1 buildings are subject to water and energy efficiency measures, performance requirement (PR) 1, 3, 5,
      6, 7, 8 respec vely.
      New sole-occupancy units of new Class 2 buildings are subject to water and energy efficiency measures,
      performance requirement PR 2, 4, 6-11 respec vely.
      a)          Exis ng Class 1 buildings at me of renova on and / or other renova on are subject to water and energy
      efficiency measures PR 1, 3, 5 respec vely.
      Exis ng sole-occupancy units in exis ng Class 2 buildings at me of renova on and / or other renova on are
      subject to water and energy efficiency measures PR 2, 4 respec vely.

      The following are acceptable solu ons (A) for performance requirements (PR) men oned above. The numbers of
      acceptable solu ons (A) correspond with the performance requirements (PR).
      A1. 1. A class 1 building, including an enclosed class 10a building a ached to a class 1 building complies with:
                 a) parts 3.12.1, 3.12.2, 3.12.3, and 3.12.4 of the BCA 2010 (Volume 2) except, for buildings in climate
      zones 1 and 2, disregard 3.12.1.5(a) (i) and (iii); or
                 b) verifica on using a reference building in accordance with V2.6.2.2 of the BCA 2010 (Volume 2); or
                 c) a so ware ra ng of not less than 6 stars; or
                 d) in climate zones 1, 2 and 5, a combina on of a so ware ra ng of not less than 4.5 stars and a nominal
      credit obtained under (2) to reach a total of 6 stars; or
                 e) in climate zone 3, a combina on of a so ware ra ng of not less than 5 stars and a nominal credit
      obtained under (2) to reach a total of 6 stars; or
                 f) part 3.12 of the BCA 2009 (Volume 2), where a nominal credit of not less than 1 star is obtained
      under
Attachment A                                         Ref: 00011210                                             Page 3 of 8

Page 4

                                                   ATTACHMENT A
                                              BUILDING CONDITIONS
      (2)
                 2. For the purposed of (1)(d)-(f) the following nominal credits apply:
                 a) 0.5 star where a building includes an outdoor living area, the roof covering of which achieves a Total R
      Value of at least 1.5 downward heat flow;
                 b) 1 star where a building includes an outdoor living area the roof covering of which achieves a Total R
      Value of at least 1.5 for downward heat flow and the outdoor living area includes a permanently installed ceiling
      fan with a speed controller and a blade rota on diameter of not less than 900mm;
                 c) 1 star where a building has a solar photovoltaic system of at least 1kW in capacity (maximum power
      output) installed.
      A2. 1. The thermal performance of sole occupancy units in class 2 buildings complies with JV1 of the BCA 2009
      (Volume 1) except that:
                 a) for JV1(a)(i) each sole occupancy unit has a so ware ra ng of not less than 4 stars and;
                 b) for JV1(a)(ii) the average so ware ra ng of all sole occupancy units is not less than 5 star; and
                 c) the deemed to sa sfy provisions of Sec on J of the BCA 2009 (Volume 1) have no effect for sole
      occupancy units
                 2. For the purposes of calcula ng the average so ware ra ng under A2(1)(b) of all sole occupancy units
      of a class 2 building in climate zones 1 or 2 the following credits apply towards the so ware ra ng for each sole
      occupancy unit;
                 a) 0.5 star where a sole occupancy unit includes an outdoor living area, the roof covering of which
      achieves a Total R Value of 1.5 for downward heat flow; or
                 b) 1 star where a sole occupancy unit includes an outdoor living area that has at least one permanently
      fixed ceiling fan with a speed controller and a blade rota on diameter of not less than 900mm and the roof
      covering achieves a Total R Value of 1.5 for downward heat flow
                 3. To achieve a credit under A2 (2)(b) an air-condi oner that services any room directly adjacent to an
      outdoor living area must automa cally shut down when an external door that provides access to the outdoor living
      area is open for more than 1 minute.
      A3. Class 1 buildings, including a verandah, balcony or an enclosed class 10a building a ached to a class 1 building,
      have:
                 a) ar ficial ligh ng that complies with Part 3.12.5.5 of BCA 2010 (Volume 2); or
                 b) Energy efficient ligh ng for a minimum of 80 percent of total fixed ar ficial ligh ng.
      A4. Sole occupancy units of class 2 buildings, including a verandah, balcony or an enclosed class 10a building
      a ached to a class 2 building, have energy efficient ligh ng for a minimum of 80 percent of total fixed ar ficial
      ligh ng
      A5. A water heater in a hot water supply system can be an electrical resistance heater or any other type of heater.
      A6. In class 1 and class 2 buildings, in areas serviced by water service provider, all shower rosees have a minimum 3
      star Water Efficiency Labelling and Standards ra ng
      A7. In class 1 and class 2 buildings, in areas serviced by a water service provider, all toilets cisterns;
                 a) have a dual flush func on and have a minimum 4 star Water Efficiency Labelling and Standards ra ng;
      and
                 b) are compa ble with the size of the toilet bowl to allow for proper func oning of the toilet
      A8.In class 1 and class 2 buildings, in areas serviced by a water service provider, tap ware with a minimum 3 star
      Water Efficiency Labelling and Standards ra ng serves:
                 a) laundry tubs; and
                 b) kitchen sinks; and
                 c) basins
      A9. Each meterable premises has an electricity sub-meter installed which measures only the electricity supplied to
      that meterable premises.
      A10. The electricity sub-meter is:
                 a) installed in a common area; and
                 b) free of hindrance or obstruc on to a person authorised to rear and/or maintain the electricity sub-
      meter
      A11. A meter label iden fying which meterable premises it is associated with is affixed or located adjacent to the
      electricity sub-meter for each meterable premises.
9     Any retaining walls greater than 1.0m in height and not included on the approved plans, will require a separate
      Building Permit.
10    All roofwater is to be discharged in accordance with the condi on as shown on the approved plans and in any case
Attachment A                                          Ref: 00011210                                              Page 4 of 8

Page 5

                                                  ATTACHMENT A
                                              BUILDING CONDITIONS
      shall not cause nuisance to adjoining proper es or the exis ng buildings on site.
11    Sewer clearance as per Queensland Development Code MP1.4 (minimum 1.20 metres to centre of sewer, house
      connec on and piers to be minimum 300mm below zone if influence of sewer.
12    Smoke alarms must comply with AS 3786 and be connected to the consumer mains power and interconnected if
      more than one. Smoke alarms must be located in accordance with Part 3.7.2.3 of the Building Code of Australia
      and Building Regula on 2006, Part 3A, Smoke alarms for domes c dwellings.
13    The external finished ground level surrounding the slab must be graded to a slope not less than 50mm over the
      first 1.0m from the building in accordance with Figure 3.1.2.2 of BCA Housing Provisions. The appropriate slab
      height above the finished ground level and paving is dependent upon the height of the overflow relief fully, the
      possibility of flooding from storm runoff and loca on of weepholes in the brickwork or termite protec on method.
      The finished ground level is to be a minimum of 150mm below the slab and all finished garden mulch and paving is
      to be kept below the brickwork weepholes, and appropriate clearance for termite protec on method used.
14    All steps in floors where retaining walls have been installed or where retaining walls are used as external walls of
      habitable rooms are to be waterproofed by an approved tanking system and installed by an accredited installer.
      The waterproof tanking system details are to be provided together with applicator’s details of accredita on prior to
      installa on of tanking. The approved system is to then be cer fied for compliance upon comple on.
15    A method of termite control complying with AS 3660.1 2000 and Part 3.1.3 of the BCA Housing Provisions including
      Qld Amt is to be carried out during construc on which will involve either:
      •           Appropriate physical barriers as per Sec ons 4 – 7 of AS3660.1 2000 and table 3.1.3.1 Qld Amt of BCA
                  Housing Provisions, or
      •           Combina on of physical barrier to slab and chemical barrier to perimeter, or
      •           Chemical barrier under slab to AS3660.1 which does not involve hand spraying i.e. (re cula on system),
      or
      •           Primary building elements constructed of termite resistant materials as defined under Clause 3.1 Qld
      Amt             of BCA Housing Provisions which are structural elements and also door jambs, window frames,
      reveals         architraves and skir ngs.
      The method of treatment must be clearly iden fied by a durable no fica on fixed to the building in prominent
      loca on such as in a meter box or the like.
16    At the me of the frame inspec on, the builder is required to supply the Private Cer fier (leave in metre box) with
      the design criteria used for the truss design, a layout plan, fixing and bracing details and any other relevant
      informa on supplied by the truss manufacturer.
      NOTE: If this informa on is not available at the frame inspec on, the Private Cer fier reserves the right to request
      an Engineers Cer ficate for the roof framing and e down.
17    Retaining walls or other types of soil retaining methods must be installed where the slope ra o for cut and or fill is
      more than that described in Table 3.1.1.1 of BCA Housing Provisions. Embankments that are to be le exposed at
      the end of the construc on works must be stabilised by vegeta on on similar works to prevent soil erosion.
18    It is the applicants responsibility to obtain the necessary approvals from the relevant authority for removal or
      damage to any vegeta on, which may be necessary in order to carry out the approved works.
19    Waterproofing of wet areas to comply with AS3740-2010. A cer ficate including bathrooms, WC & laundry from
      an approved waterproofing applicator will be required before a final cer ficate can be issued.

      External waterproofing membranes must comply with AS4654 Parts 1 & 2 and be cer fied by Form 16 by an
      approved applicator.
Local Authority Planning Scheme Condi ons
1     Plumbing Approval, File No: PL21/0077
Applica on Specific Condi ons
1     BUSHFIRE CONDITIONS
      This site has been assessed under AS3959-2018 and determined that construc on for Bushfire A ack Level 12.5
      (BAL 12.5) complying with Sec ons 3 and 5 of Standard is required (copy of sec ons a ached). Your window and
      door manufacturer must be advised of this Bushfire A ack Level for complying frames glazing and screens to be
      manufactured and installed. A cer ficate of compliance (Form 16) will be required at final inspec on.
Advisory Notes

Attachment A                                         Ref: 00011210                                              Page 5 of 8

Page 6

                                                  ATTACHMENT A
                                             BUILDING CONDITIONS
1     1. HOURS OF WORK
      Environmental Protec on Agency requires:
      A builder or building contractor must not carry out building work on a building site in a way that makes or causes
      audible noise to be made from the building work-
      a)        On a Sunday or public holiday, at any me; or
      b)        On a Saturday or business day, before 6.30am or a er 6.30pm.

      2. SILT MANAGEMENT
      Provision shall be made during the construc on phase to ensure that no silt, other building waste or soil leaves the
      allotment. Reten on devices such as silt fences, straw bales or the like are required to be installed on-site.

      3. ACCESS CHAMBERS
      Where sewerage and stormwater access chambers occur on-site they are to remain visible at all mes. If an
      access chamber is required to be altered in height to accommodate proposed site works, contact the relevant
      Council’s Sewerage Department.

      4. ACID SULPHATE SOILS
      Where works are located within the Acid Sulphate Overlay, compliance with applicable Acid Sulphate Code applies.




Attachment A                                         Ref: 00011210                                              Page 6 of 8

Page 7

                                                    Appeal Rights
The rights of an applicant to appeal to a tribunal or the Planning and Environment Court against a decision about a development
application are set out in chapter 6, part 1 of the Planning Act 2016. For particular applications, there may also be a right to make an
application for a declaration by a tribunal (see chapter 6, part 2 of the Planning Act 2016).

Appeal by an applicant

An applicant for a development application may appeal to the Planning and Environment Court against the following:
·    the refusal of all or part of the development application
·    a provision of the development approval
·    the decision to give a preliminary approval when a development permit was applied for
·    a deemed refusal of the development application.
An applicant may also have a right to appeal to the Development tribunal. For more information, see schedule 1 of the Planning Act
2016.

Appeal by a submitter

A submitter for a development application may appeal to the Planning and Environment Court against:
·    any part of the development application for the development approval that required impact assessment
·    a variation request.
The timeframes for starting an appeal in the Planning and Environment Court are set out in section 229 of the Planning Act 2016.

Attachment 2 is an extract from the Planning Act 2016 that sets down the applicant’s appeal rights and the appeal rights of a
submitter.




                                                                                                                                Page 7 of 8

Page 8

                                                                   ATTACHMENT 2

                                             APPEAL RIGHTS UNDER THE PLANNING ACT 2016

Chapter 6, Part 1, Section 229 Appeals to Tribunal or P & E Court

(1) Schedule 1 states-
        (a) matters that may be appealed to-
                (i) either a tribunal or the P&E Court; or
                (ii) only a tribunal; or
                (iii) only the P&E Court; and
        (b) the person-
                (i) who may appeal a matter (the appellant); and
                (ii) who is a respondent in an appeal of the matter; and
                (iii) who is a co-respondent in an appeal of the matter; and
                (iv) who may elect to be a co-respondent in an appeal of the matter.

(2) An appellant may start an appeal within the appeal period.

(3) The appeal period is-
      (a) for an appeal by a building advisory agency-10 business days after a decision notice for the decision is given to the agency; or
      (b) for an appeal against a deemed refusal-at any time after the deemed refusal happens; or
      (c) for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises-20
           business days after a notice is published under section 269(3)(a) or (4); or
      (d) for an appeal against an infrastructure charges notice-20 business days after the infrastructure charges notice is given to the person; or
      (e) for an appeal about a deemed approval of a development application for which a decision notice has not been given-30 business days after the
           applicant gives the deemed approval notice to the assessment manager; or
      (f) for any other appeal-20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.

(4) Each respondent and co-respondent for an appeal may be heard in the appeal.

(5) If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the
     appeal.


Schedule 1, Table 3 Appeals to a Tribunal only
1. Building advisory agency appeals. An appeal may be made against giving a development approval for building work to the extent the building work
    required code assessment against the building assessment provisions.

2. Inspection of building work. An appeal may be made against a decision of a building certifier or referral agency about the inspection of building work
     that is the subject of a building development approval under the Building Act.

3. Certain decisions under the Building Act and the Plumbing and Drainage Act
    An appeal may be made against-
    (a) a decision under the Building Act, other than a decision made by the Queensland Building and Construction Commission, if an information notice
         about the decision was given or required to be given under that Act; or
    (b) a decision under the Plumbing and Drainage Act, part 4 or 5, if an information notice about the decision was given or required to be given under
         that Act.

4. Local government failure to decide application under the Building Act
    An appeal may be made against a local government’s failure to decide an application under the Building Act within the period required under that
    Act.

Development Tribunals
If you are not happy with a decision made by your private certifier, you may be able to appeal to the Development Tribunal.

To appeal to the Development Tribunals you must:
     ·   submit a -Form 10Application for appeal or declaration
         http://www.hpw.qld.gov.au/aboutus/ReportsPublications/FormsTemplates/Pages/DevelopmentTribunalForms.aspx within the set
         timeframes
     ·   pay the fee http://www.hpw.qld.gov.au/construction/BuildingPlumbing/DisputeResolution/Pages/DisputeResolutionFees.aspx

Contact details for lodging appeals are provided below: -
Building and Development Dispute Resolution Committees
Queensland Department of Housing and Public Works
Postal address: GPO Box 2457, Brisbane Qld. 4001
Registrar Phone: 1800 804 833
Email: [email protected] mailto:[email protected]
Website:
http://www.hpw.qld.gov.au/construction/BuildingPlumbing/DisputeResolution/Pages/BuildingDevelopmentDisputeResolutionCommittees.aspx

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