Council archive · source document
Decision Notice - 010.2006.00001395.001 [As Published] · 132006.1395
Form 6 - Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2006/1395 Date of Decision: 24 January 2008
1. APPLICANT DETAILS
Name: Johanna J Thannhauser
Postal address: CARE Ken Hicks & Associates Pty Ltd
PO Box 6380
MAROOCHYDORE BC QLD 4558
Phone no: 5443 2844 Fax no: 617 5443 7146
2. PROPERTY DESCRIPTION
Street address: 142 Noosa Drive Noosa Heads
Real property Lot 3 SP 126203
description:
3. OWNER DETAILS
Name: Johanna J Thannhauser
Postal address: PO Box 28
SOUTH BRISBANE QLD 4101
4. REFERRAL AGENCIES
Referral Agency Address Basis
Dept of Primary PO Box 5165, NAMBOUR QLD 4560 Advice
Industries & Fisheries
Environmental PO Box 2771, BRISBANE QLD 4001 Concurrence
Protection Agency
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use - Multiple Dwelling (10 Units) No Yes
Application to be assessed
against the Superceded
Planning Scheme
6. DECISION DETAILS
Council decided to approve the application and grant a Preliminary Approval, subject to conditions.
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Nil.
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NOOSA COUNCIL IDAS Development Application Decision Notice 2 of 17
8. SUBMISSIONS
Nil.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are 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, carparking and access, site civel works, frontage
works, stormwater drainage, sewer reticulation, (including new
mains, relocations, diversions, pump stations and rising
mains), water reticulation and filling of site
Development Permit for Material Change of Multiple Dwellings (10 Units)
Use
Development Permit for Reconfiguring a lot Creation of the park to be dedicated to the crown (with Council
as trustee) prior to issue of development for MCU – Multiple
Dwelling (10 Units)
11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
12. ASSESSMENT MANAGER
Name: Noosa Council Signature: Date: 25/10/08
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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. The approved plans are titled and numbered Proposed Site Plan – TP-01, Typical Duplex Plans –
TP-04 & TP-05 and Proposed Sections TP-03 (Project No. 2005-02) prepared by Foster Designs Pty Ltd
and Architects and dated 17/05/2006 and as may be amended by these conditions.
2. The applicant is required to lodge a further application for Material Change of Use in order to obtain a
Development Permit that will be assessed against the following requirements:-
2.1. A site specific assessment of bushfire risk and a site specific Bushfire Management Plan is to be
prepared by a suitably qualified and experienced person and submitted to the satisfaction of the
Manager Land Use in accordance with Appendix 3 of the State Planning Policy 1/03 Guideline:
Mitigating the Adverse Impacts of Flood, Bushfire and Landslide.
2.2. The applicant shall submit detailed elevations of the dwelling units for the approval of the Manager
Land Use prior to the issue of a Development Permit for Material Change of Use.
2.3. The development shall not exceed a maximum building height of 2 storeys and 8 metres above
natural ground surface and finished ground level.
2.4. The roof form of the proposed buildings shall incorporate roof pitching, sunhoods and eaves. The
buildings rooves shall have a minimum pitch of 5 degrees, shall incorporate eave overhangs a
minimum 600mm wide and shall not include rooftop terrace areas.
2.5. The following building setbacks shall be provided:-
2.5.1. A minimum of 6m from the Noosa Drive road frontage boundary;
2.5.2. A minimum of 4 metres to the southwestern side boundary excluding the carport
associated with Unit 4 which shall be setback a minimum of 2.5 metres;
2.5.3. A minimum of 4 metres to northern side boundary;
2.5.4. A minimum of 6 metres to the western rear boundary for Unit 2;
2.5.4.1. A minimum of 10 metres for Unit 1; and
2.5.4.2. A minimum of 8 metres for Unit 3 as indicated on the approved plans.
3. 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.
4. The development footprint shall be setback a minimum of 30 metres from the level of Highest
Astronomical Tides in Weyba Creek.
5. Any advertising sign or device is to comply with Council's policies on advertising.
6. All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
(LPG or natural).
7. 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.
8. Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining
as open structures.
9. 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.
10. The development shall contain a maximum of 10 x 3 bedroom units comprised of 7 buildings generally in
accordance with the approved plans.
11. The lengths of wall in one plane, irrespective of projections or setbacks, are to be no greater than 16m.
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12. External materials of the development shall consist of natural muted colours and tones to further assist
the built form of the development to integrate with the surrounding environment.
Open Space
13. The area of land located at the rear of the site and identified as Open Space – Waterway and
Conservation Protection by the Strategic Plan as shown on approved plan, Proposed Site Plan – TP-01,
shall be dedicated to the Crown (with Council as Trustee) for environmental protection purposes pursuant
to the Land Act. This area of land shall be dedicated to the Crown prior to the sealing of the survey plan
by Council.
14. Any security lighting associated with proposed Units 1 – 3 shall be orientated away from this area of land
to be dedicated to the Crown.
Burrowing Skink
15. Clearing of existing vegetation identified as Primary Habitat by Map 5 – Potential Skink Habitat shall only
be permitted within a maximum of 2 metres from the building footprint, as indicated on the approved
plans, of Units 1 – 3. Map 5 – Potential Skink Habitat accompanies the Ecological Assessment Report
and has been prepared by Biological and Environmental Service and dated 19 may 2006.
16. The existing vegetation to be retained within the primary habitat areas identified in Map 5 – Potential Skink
Habitat shall be protected during construction and preparation of the site for construction with a temporary
wire and steel post fence. Map 5 – Potential Skink Habitat accompanies the Ecological Assessment
Report and has been prepared by Biological and Environmental Service and dated 19 may 2006.
Acoustic Requirements
17. An acoustic buffer shall be provided on site adjacent to Noosa Drive extending the full length of the
eastern property boundary. This buffer shall comprise a 2 metre high acoustic fence along the eastern
property boundary and consist of the following requirements:-
17.1. The acoustic buffer shall be constructed in a koala friendly manner as outlined in Policy 1 - Nature
Conservation (Koala) Conservation Plan 2006 and Management Program 2006-2016; and
17.2. The acoustic buffer shall be setback a minimum of 6 metres from the eastern property boundary
adjacent to Noosa Drive excluding the area of land where the eastern property boundary coincides
with the approved reciprocal easement located at the northern extent of the eastern property
boundary. The acoustic barrier at this location shall be provided along the boundary of the
property and the western boundary of the registered easement.
18. A noise assessment report prepared by an independent acoustic engineer shall be submitted to Council
after construction of the acoustic buffer to Noosa Drive. The report is to indicate whether the buffer
achieves the acoustic requirements of this development approval for single storey dwelling houses and
advise of any other remedial actions that may need to be implemented. The developer shall implement all
identified remedial actions to the reasonable satisfaction of the Manager Land Use.
19. Screening species shall be provided to the area of land between the acoustic buffer and the access
driveway to the site where the acoustic buffer is located along the property boundary and the boundary of
the easement to create a visual buffer between the acoustic buffer and Noosa Drive.
20. The first floor of units 4 – 10 shall be acoustically designed to ensure road noise does not exceed
63dB(A)L10(18hours) based on predicted traffic volumes ten years hence. An acoustic report prepared by a
suitably qualified consultant shall be lodged with an application for Building Works identifying suitable
noise mitigation measures for these units. All recommended mitigation measures for the subject units
shall be installed prior to occupation.
Koala Management
21. All clearing of native vegetation on-site shall be in accordance with Section 16 of the Nature Conservation
(Koala) Conservation Plan 2006 requiring that a koala spotter be present on site to protect koalas from
death or injury and allow for their safe movement away from areas of the site subject to clearing. Koala
habitat trees include species of Angophora, Corymbia, Eucalyptus, Lophostemon and Melaleuca.
22. All clearing of native vegetation shall be in accordance with Section 15 of the Nature Conservation (Koala)
Conservation Plan 2006 requiring that clearing be undertaken in a way that complies with the sequential
clearing conditions as specified in the relevant Section. The requirement shall ensure that koalas living in
or near the clearing site have enough time to move out of the area without human intervention.
23. No koalas shall be permitted to be captured or translocated from the site. A tree in which a koala is
present, and any tree overlapping that tree, shall be left until the koala has moved from the tree of its own
volition.
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Fauna
24. An experienced wildlife spotter shall be on site at all times during the clearing of any vegetation to ensure
the survival of faunal species utilising the site as habitat.
Landscape Plans
25. A Development Permit for Operational Works for landscaping shall be obtained prior to the
commencement of any landscaping works. All detailed landscape plans for the development shall comply
with the requirements of the landscaping conditions herein. To this extent the landscaping plans shall be
prepared by a qualified Landscape Architect or qualified horticulturist.
26. Landscaped areas shall be integrated floristically and structurally with the surrounding native vegetation.
To be consistent with an ecologically sustainable design philosophy, all species located in landscape
areas within the developed portion of the site shall be consistent with Council’s Landscaping Guidelines –
Planning Scheme Policy PSP3.
27. A Landscape Plan shall be prepared for all of the required building setback areas, including the buffer
area at the frontage of the site adjacent to Noosa Drive. Where other permits for Operational Works for
roads, drainage or access are required, the landscaping layout shall be based on approved drawings for
those operational works.
The detailed landscaping plans are to address:-
27.1. Street tree planting to allow good shade canopy once fully mature to Noosa Drive;
27.2. Road & service locations;
27.3. The retention of existing native vegetation within the following areas:-
27.3.1. The 6 metre buffer adjacent to Noosa Drive and the required side property setbacks of
Units 4 - 10 located to the east of the proposed internal driveway and access and
measures employed to ensure this vegetation retention;
27.3.2. Around the perimeter of the development footprint of Units 4 – 10; and
27.3.3. The required building setbacks and the areas identified as Primary Habitat on Map 5 –
Potential Skink Habitat (excluding the building envelopes of Units 1 –3 including a
maximum of 2 metres beyond the building footprints of these units as indicated on the
approved plans). Map 5 – Potential Skink Habitat accompanies the Ecological
Assessment Report and has been prepared by Biological and Environmental Service
and dated 19 may 2006.
27.4. Landscaping treatments including dense vegetation to the following:-
27.4.1. The 6 metre vegetated buffer adjacent to Noosa Drive;
27.4.2. Both side boundary building setbacks of Units 4 – 10 located to the east of the proposed
internal driveway and access road;
27.4.3. The perimeter of the development footprint of Units 4 – 10; and
27.4.4. East of the acoustic buffer located on boundary of the property and the registered
easement for the site.
27.5. Ecological Restoration to the following areas:-
27.5.1. Within a maximum of 2 metres from the building footprints of Units 1, 2 and 3;
27.5.2. Outside of the maximum allowable cleared area of 2 metres from the building footprints
of Units 1, 2 and 3 and within the areas identified as Primary Habitat on Map 5 –
Potential Skink Habitat located to the west of the proposed internal driveway and access
road. Map 5 – Potential Skink Habitat accompanies the Ecological Assessment Report
and has been prepared by Biological and Environmental Service and dated 19 may
2006.
27.6. All the works and items that the Developer shall undertake or provide to establish and secure the
rear conservation area prior to dedication.
27.7. Tree protection during construction with particular emphasis on the vegetation to be retained on
the site included but not limited to the following;-
27.7.1. The existing native vegetation to be retained within the required building setbacks of
Units 1, 2 and 3 and within the area identified as Primary Habitat on Map 5 – Potential
Skink Habitat. Map 5 – Potential Skink Habitat accompanies the Ecological Assessment
Report and has been prepared by Biological and Environmental Service and dated 19
may 2006;
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27.7.2. Existing native vegetation located around the perimeter of the development footprint of
Units 4 – 10;
27.7.3. The area of the land to be dedicated to the Crown located at the rear of the site and
designated Open Space Conservation and Waterway Protection under the Strategic
Plan;
27.7.4. The area of land contained within the required 6 metre building setback at the frontage
of the site adjacent to Noosa Drive.
27.8. Site preparation;
27.9. Fences to neighbouring properties;
27.10. Stabilisation of the areas under the suspended slabs with a suitable substrate that emulates the
production of leaf litter to provide habitat for the Burrowing Skink.
27.11. Habitat enhancement for native fauna, specifically the inclusion and replanting of Koala Habitat
Species;
27.12. Removal of undesirable species and environmental weed removal and control;
27.13. Planting schedules;
27.14. Planting out procedures and horticultural requirements;
27.15. Mulching and fertilising procedures;
27.16. Irrigation and watering procedures;
27.17. Erosion and sediment control;
27.18. On-going maintenance;
27.19. Construction materials and details;
27.20. Environmental safeguards.
Such landscaping is to be completed in accordance with the approved landscaping plan prior to
acceptance of the development On Maintenance.
28. All underground services, drainage, footpaths, bike paths, roads and other site works shall be located to
minimize adverse impacts on retained vegetation, particularly their root systems.
29. 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.
Vegetation Management
30. A vegetation survey is to be submitted to the satisfaction of the Manager Land Use demonstrating the
location, size and species of existing trees on the site (excluding the area of the land to be dedicated to
the Crown) and on the road reserve that are to be retained.
Vegetation Removal and Disposal
31. Vegetation removal, tree felling and lopping shall be undertaken in an environmentally sensitive manner to
avoid damaging surrounding vegetation, trees and habitat:-
31.1. All cleared vegetation shall be suitably processed or removed from the site by a method approved
by Council;
31.2. Reproductive components of environmental weed species cleared from the site shall not be
mulched, with the material to be removed from the site and disposed of in a Council approved
refuse tip;
31.3. Burning off is not considered an acceptable means of disposal and is not to take place;
31.4. During construction, the boundaries of areas of retained and protected vegetation within the
development area shall be clearly marked for the purpose of preventing access into these areas
thereby protecting the vegetation and habitat values;
31.5. All mulch produced on site by mulching cleared vegetation and trees shall specifically exclude
reproductive material (particularly seeds) from environmental weed species (eg. Camphor laurel,
lantana, asparagus and umbrella trees).
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32. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 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.
33. 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.
34. The Preliminary Approval lapses if the use has not happened by 24 January 2010, unless an application
to extend the currency is approved by Council.
35. The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to
obtaining a Development Permit for Building Works.
Building Services
36. The wall of the garage setback 300mm from the southern side boundary is to be maintenance free as per
Clause A6 of the Queensland Development Code (QDC) Part 12.
37. The combined height of the retaining walls and boundary fences must not exceed 2.0 metres above
natural ground.
Land Development
River Flooding
38. All habitable rooms proposed on site shall be constructed to comply with Council’s Minimum Floor Height
requirements as defined in Council’s Planning Scheme and on Council’s Scheme Maps at the time of
issue of the Building Permit. In this regard a Minimum Floor Height of RL 2.8 (AHD) is required for all
habitable rooms. These levels however are subject to change and verification shall be made to Council’s
Land Development Section prior to obtaining a Development Permit for Building Works.
Vehicle Access
39. The access driveway to serve Lot 3 on SP 126203 shall be constructed over reciprocal access easements
ASP126203 and BSP126203 generally in accordance with Fig 2.1 by Callaghan and Toth dated 13th June
2007 and Plan no. 990605 by Ken Hicks and Associates dated 12/10/99 except where modified to
facilitate the turning of garbage service vehicles.
40. The access driveway to serve Lot 3 on SP 126203 shall be designed and constructed so as to allow a
garbage service vehicle defined in “PSP9 Waste Management” as a AUSTROADS: design single unit
truck/bus (12.5m) to enter and leave the site in a forward direction.
41. The driveway shall be designed and constructed to Council’s design standards and to grades that prevent
vehicles from scraping and/or bottoming. Should any driveways be constructed to grades that do not
comply with AS2890.1-2004 and AS2890.2-1989, Council will require that the driveway be removed and
reconstructed to levels that do comply.
42. All vehicles shall enter and leave the site in a forward direction.
Carparking
43. Carparking shall be provided within as shown on drawing number TP-01 dated 17/05/06 by Foster
Designs Pty Ltd Architects.
44. A minimum of 4 uncovered carpark spaces and 20 covered carpark spaces shall be provided on site.
45. The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for user class A1
with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head
clearance (headroom) at any point of 2.2m.
46. All carparking shall be kept, maintained and line-marked in a condition fit for use.
Frontage Works
47. Footpath improvements such as topsoiling, grassing, and tree planting are required to the Noosa Drive
frontage of the site in accordance with Planning Scheme Policy PSP1 Landscaping Guidelines. Grass
shall be couch and free of weeds.
Stormwater Drainage
48. Stormwater drainage shall be constructed generally in accordance with the report entitled “Stormwater
Quality Management and Assessment Report” June 2007 by Callaghan and Toth.
49. Final plans of the drainage design shall be prepared by a Registered Professional Civil Engineer and
submitted to Council prior to obtaining a Development Permit for Operational Works.
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50. All stormwater drainage shall be collected on site and discharged so there is no net increase in
stormwater runoff from the site.
51. Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank (minimum
storage 3000 litres per dwelling/unit ) 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/building.
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 tanks shall be clearly shown on the plans
submitted for Building Works approval.
52. To ensure that polluted run-off does not enter Council’s stormwater drainage system, stormwater run-off
from the carparking areas and the driveways shall have the first flush (the first 12 mm of rainfall or hose-
down) collected in a grease/oil arrestor provided on site prior to being permitted to discharge into
Council’s drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single
underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors, which
shall be submitted to the Council for approval prior to obtaining a Development Permit for Operational
Works.
The approved maintenance plan shall be incorporated in the Community Management Scheme for the
development and a copy of this shall be provided for Council’s records prior to commencement of the
approved Use.
A Development Permit for Building Works shall not be granted until a Development Permit for Operational
Works has been issued in regard to the drainage scheme.
53. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
54. The site shall be connected to the Noosa Sanctuary Development sewer reticulation system and be
constructed in accordance with Council’s standards and requirements at no cost to Council.
55. All sewage shall drainage by means of gravity to the sewage pump station located on lot 2 SP110327 as
per the Deed made on 22 December 1999 between Noosa Council, Aqua Blue (Noosa) Pty Ltd and the
applicant, Johanna Jacoba Thannhauser.
56. Should the drainage via gravity not be possible a new arrangement will need to be negotiated with Noosa
Council
57. The sewer system is to be kept and maintained in a condition suitable for use and shall not cause adverse
impacts on the environment.
Town Water Supply
58. Connection to Council’s water supply shall be generally in accordance with Plan H-SP-02 drawn by Brian
Burnett & Associates dated 2007.02.12 for Aqua Blue Noosa Sanctuary Development.
59. The site shall be connected to Council’s town water supply and be constructed in accordance with
Council’s standards and requirements at no cost to Council.
60. Each individual water connection to the water reticulation system shall extend to the property boundary
and be metered. All fees for the supply of water meters shall be paid to the Council.
61. All water meters must be located in an easily assessable location to facilitate unhindered reading by
Council and/or Council’s contracted water meter readers, and not behind fences or locked gates.
62. For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development shall be
served by:
62.1. A single Body Corporate water meter to measure the total water consumption (including fire hose
reels, but excluding fire hydrants and fire sprinkler systems), and
62.2. Individual water meters to each tenement capable of being separately rated, and
62.3. A fire service (fully testable single detector check with metered bypass), where applicable, for flows
to fire hydrants and fire sprinkler systems (excluding fire hose reels).
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Acid Sulfate Soils
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63. As the site is located below the 5m AHD, any excavation works consisting of 100m or greater will need to
be carried out in accordance with State Planning Policy 2/02 Planning and Managing Development
Involving Acid Sulfate Soils. In this regard appropriate testing and supporting documentation prepared by
a suitably qualified specialist shall be submitted to Council for approval prior to obtaining a Development
Permit for Operational Works.
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64. As the site is located below the 5m AHD, any filling works consisting of 500m or greater and with an
average depth of 0.5m or greater will need to be carried out in accordance with State Planning Policy 2/02
Planning and Managing Development Involving Acid Sulfate Soils. In this regard appropriate testing and
supporting documentation prepared by a suitably qualified specialist shall be submitted to Council for
approval prior to obtaining a Development Permit for Operational Works.
Erosion and Sediment Control
65. 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
to the Council for approval prior to obtaining a Development Permit for Operational Works.
Contributions Towards Council Infrastructure
66. Monetary contributions shall be paid to Noosa 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) $26,768
PSP16 – Sewerage Headworks Contributions $25,204
PSP17 – Water Supply Headworks Contributions $36,670
PSP20 – Pathway Trunk Network Contributions $6,685
TOTAL Contribution Amount = $95,327
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane
from June 2007 until the date of payment.
All contributions must be paid prior to the issue of a Development Permit for Operational Works
General
67. 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.
68. 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.
69. 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.
Environmental Health
70. The developer must provide waste storage and disposal facilities in accordance with Planning Scheme
Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an
external imperviously paved area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties. A bin wash area is required with a cold-water
tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet is to be designed to
prevent storm water entry to the sewerage system and this can be achieved with a nib wall 50mm high
and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other
design approved by Council.
71. A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9 “Waste
Management Multi-Dwellings and Commercial and Industrial Premises”, must be submitted for the day-to-
day operation of the development and approved by Council’s Health Section prior to issue of development
permit for operational works.
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It is critical that waste areas are properly planned. A copy of Planning Scheme Policy No. 9 explaining
exactly how to predict waste quantities and design waste areas is available from Council and the web.
The Plan shall include the following information: -
The types of waste that will be generated from the activities approved within the development.
Estimated volumes or tonnage of both recyclables and waste generated.
Methods to be used for dealing with garden waste.
Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.
Description of procedures for getting all waste to the bins; the storage of bins and the collection of
bins by the contractor.
A description of the design details of waste storage and recycling areas including size, location,
elevation and floor plan, methods of bin washing and system to prevent storm water getting into
sewer via the bin wash.
A description of types and volume of waste storage containers to be used.
The waste and recycling storage area shall include the provision of containers for all waste and
recycling materials including putresable matter, non-recycling waste, paper/ cardboard, glass,
aluminum/steel cans, waste oil, styrofoam boxes, etc, and bin washing facilities connected to
sewer.
A detailed description of vehicular access to collect waste. Where collection is off street, access
must allow vehicles to enter and leave the site in a forward direction.
72. A Waste Management Plan (construction and demolition) shall be submitted prior to demolition, removal
or relocation of any building other than a shed.
A Waste Management Plan (construction and demolition) is also required for construction of 15 or more
dwelling units or for any business use of greater than 500m².
Waste Management Plans (construction and demolition) are required to be submitted in accordance with
Planning Scheme Policy 11, Waste Management Plans see table below.
Waste storage areas are to provide for adequate separation of all reusable, recyclable and waste
materials. These shall be located so that they are convenient and safe to use. (Refer to Noosa Council
Waste Management Code).
The Plan shall contain the following information:
The site area for the storage and separation of waste is to be shown on the plan drawings
accompanying the application.
A waste management table as indicated below is to be completed showing how waste material is
to be segregated - recycled – reused or disposed.
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MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify contractor
materials volume *specify proposed *specify contractor and landfill site or
(m³) re-use or on-site and recycling outlet other disposal site
recycling methods
Excavation material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Asbestos
Other - please
specify
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be
completed by the demolition contractor.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective
reuse and recycling of such materials. Additionally Council rewards those who segregate waste by
significantly reducing disposal fees at the landfill some items are free. Higher gate fees are charged for
loads of mixed waste.
73. Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc)
shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in accordance
with Council’s Local Law No. 12 - Control of Nuisances. Infringement Notices (on-the-spot fines) may
apply for offences.
A person must not use equipment on any day if it makes or causes noise to be made –
From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level
No audible noise for pool pumps apply during these hours.
From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
74. Submission of written certification from a suitably qualified person confirming that the noise levels from all
mechanical equipment comply with the cause above when measured at either the residential boundary or
outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to
any occupation of the building, and in a format approved by Council. This assessment must take into
account noise from any other fixed equipment on the property e.g. swimming pool pump, heating/cooling
equipment, etc that may increase the overall noise level emitted.
Advice: It is highly recommended that the person you engage to certify the installation is involved at the
plan development stage so they can recommend where this equipment is best located. They can also
advise about noise enclosures and can make other suggestions to avoid noise problems. It is a lot more
costly to try and deal with noise problems after everything is built.
75. Noise from building works associated with residential development shall comply with the following –
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75.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
75.2. All reasonable measures are taken to minimise noise emissions.
75.3. Not permitted on Sunday or public holidays.
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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 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
Multiple housing – Type
Detached House NIL (1 x Vacant Lot) 10 x 3 bedroom units
4 Conventional
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 $18,997 and is subject to variations in the Consumer Price Index, All Groups Brisbane from
June 2007 until the date of payment. An Infrastructure Charge Notice will be issued in accordance with
Chapter 5 of the Integrated Planning Act 1997.
3. The applicant is informed that payment via credit card transaction will not be an acceptable method of
payment for development contributions conditioned in this permit or for infrastructure charge notices
issued separately.
4. 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.
5. Compliance with the Nature Conservation Act 1992 with regard to the clearing of native vegetation that
provides habitat for rare, endangered or threatened fauna.
6. 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.
7. The development should 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, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance
with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No.
12 – Control of Nuisances.
8. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement,
concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could
reasonably be expected to move into a roadside gutter, storm water drain or a watercourse. On the spot
fines apply for such offences.
9. 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).
10. No assessment has been carried out in regard to exits, the fire services, fire separation, fire resistance
levels. The building certifier will assess these aspects as part of the building application.
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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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