1332003.220653.6 Compiled Decision Notice · 132003.220653.3

Officer:	Denis Wallace
Direct Telephone:	07 5329 6239
Fax:	07 5329 6501
Our Reference:	DWALLACE:132003.220653.6
Your Reference:	N/a
2 May 2014

CBD Settlers Cove Pty Ltd
PO Box 1923
NOOSA HEADS  QLD  4567

Dear Sir/Madam

Compiled Decision Notice
Sustainable Planning Act 2009

I refer to your request to extend the relevant period of an existing approval.  On 30 April 2014, Council decided your requested changes.

Details of the decision are as follows:
APPLICATION DETAILS

Application No:	132003.220653.6 (23176 DA)
Street Address:	12 Serenity Cl NOOSA HEADS  QLD  4567
Real Property Description:	Lot 7 SP195871 (formerly Lot 4 SP 100064)
Planning Scheme:	The Noosa Plan (16 September 2013)

DECISION DETAILS

Council on 4 November 2004 decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises - Multiple dwellings (20 Dwelling Units)

In relation to representations Council on 10 March 2005 decided to:
A.	Approve a change to Conditions 97, 122.5 & 122.8.
B.	Delete Condition 122.7.

In relation to a request to change the development approval, Council on 24 August 2005 decided to:
A.	Approve a change to Conditions 1 & 121.
B.	Include additional Conditions 131 & 132.

In relation to a request to make a change to the existing approval, Council on 1 July 2010 decided to:
A.	Approve a change to Conditions 1, 5, 77, 78, 81, 82, 83, 84, 85, 86 & 110 and Advisory Notes 7 & 8.
B.	Include additional Condition 133 and Advisory Note 9.
C.	Approve a change to Condition 10 extending the relevant period 4 November 2011.

In relation to a request to make a change to the existing approval, Council on 21 December 2011 decided to:
Amend the approval type to read:
Development Permit for Material Change of Use of Premises - Multiple dwellings (19 Dwelling Units)
Approve a change to conditions 1, 10, 83, 84 & 86 and Advisory Notes 7 & 9.
Delete conditions 103, 104 & 105.
include additional conditions 134-141 and Advisory Notes 10-12.

In relation to the request to extend the relevant period of an existing approval, Council on 30 April 2014 decided to:
A.	Approve a change to Item 3 and Condition 10 extending the relevant period to 4 November 2017.

RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval finishes on 4 November 2017.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

1.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table and as may be amended by these conditions.
Plan No.	Rev.	Plan / Document Name	Drawn By	Date
2937/DA/03	1	Site Plan Level 1	Blackburne Jackson Design	28/10/11
2937/DA/04	1	Site Plan Level 2	Blackburne Jackson Design	28/10/11
2937/DA/10	1	Lot 7 – Basement Floor Plan	Blackburne Jackson Design	28/10/11
2937/DA/11	1	Lot 7 – Level 1 Floor Plan	Blackburne Jackson Design	28/10/11
2937/DA/12	1	Lot 7 – Level 2 Floor Plan	Blackburne Jackson Design	28/10/11
2937/DA/13	1	Lot 7 – Level 3 Floor Plan	Blackburne Jackson Design	28/10/11
2937/DA/14	1	Lot 7 – Level 4 Floor Plan	Blackburne Jackson Design	28/10/11
2937/DA/15	1	Lot 7 – Roof Plan	Blackburne Jackson Design	28/10/11
2937/DA/16	1	Lot 7 – Southwest & Northwest Elevation	Blackburne Jackson Design	28/10/11
2937/DA/17	1	Lot 7 – Northeast & Southeast Elevation	Blackburne Jackson Design	28/10/11
2937/DA/18	1	Lot 7 – Section A	Blackburne Jackson Design	28/10/11
2937/DA/19	1	Lot 7 – Recreation Area	Blackburne Jackson Design	28/10/11
2.	The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
3.	The open space and setback areas within the area of the site able to be developed excluding the area of the site included on the Future Urban zone, are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter and shall include:
3.1	retention of existing trees within the side and front setback areas, except where their removal would be necessary as a result of approved building or operational works;
3.2	retention of existing trees between the building and the area of the site identified as Open Space Conservation & Waterway on Drawing No. 881228/E, titled ‘Metes & Bounds Plan for Private Open Space for Conservation and Waterways Protection on Residential High Density (RHD) and dated 30 June 2004, except where their removal would be necessary as a result of approved building or operational works or the requirements of the Bushfire Management Plan; and
3.3	incorporation of koala and glossy black cockatoo food trees.
Any fencing provided in conjunction with the development is to be setback at least 1 metre from the road frontage with at least half of any fence setback 2 metres.  Dense landscaping is to be provided between the road frontage and any fencing.
The natural ground shall be reinstated around the lower level of the buildings to minimise their visual bulk, as indicated on the approved plans.
Existing trees on the site and within road reserves are to be retained except where required to be removed due to building operations, requirements of the Bushfire Management Plan & the Ecological Restoration Plan or the conduct of the approved use.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
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.
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.
This Development Permit for a material change of use lapses if the use has not happened by 4 November 2017, unless an application to extend the relevant period is approved by Council.
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.
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).  All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.  Dishwashers, baths, spa baths and washing machines are excluded from this requirement.

Environmental
The development over the subject site shall comply with the following:
13.1	All necessary stormwater, erosion and sediment and water quality management and control devices shall be located within the development precinct.  That is, areas shown as ‘Selective Clearing’ on the Vegetation Clearing Plan dated 23.7.04.
13.2	No clearing or removal of native vegetation (other than that specified in the Ecological Restoration Plan) shall be undertaken within the area of ‘Retained and Enhanced Vegetation’ shown on the Vegetation Clearing Plan dated 23.7.04.
13.3	The building set back line between the ‘Private Open Space for Conservation & Waterways Protection’ area and any development on proposed Lot 7 of the Residential High Density Development shall be 6.0 metres, apart from accessible open decks and balconies which shall maintain a setback of 3.0 metres.
Management Plans
The Applicant shall prepare various management plans that relate to the design, construction and operational phases of the development.  These plans are to be prepared by appropriately qualified persons to the reasonable satisfaction of Council prior to any further approvals being issued, unless any other condition herein or in a subsequent development permit require otherwise.
The plans are to provide specific matters detailed in the conditions of this approval.  The plans to be submitted include:
14.1	Environmental Management Plan
14.2	Ecological Restoration Plan and Specifications
14.3	Fauna Management Plan
14.4	Fire Management Plan
14.5	Construction Management Plan (including Traffic Management Plan)
14.6	Sediment and Erosion Control Plan
14.7	Stormwater and Water Quality Management Plan
14.8	Acid Sulphate Soils Management Plan
Fees Payable
The Applicant shall pay Council all reasonable costs for the assessment of the management plans and also the costs associated with ensuring the development complies with the requirements of this approval.  These costs shall be limited to a maximum of $30,000 including the cost of external consultants should they be required.
The further approvals required to allow development to occur shall be subject to the fees contained in Council’s Fees and Charges Schedule.
Environmental Covenant
An environmental covenant as defined by Part 6, Division 4a of the Land Title Act 1994, shall be registered in favour of Council on the title of proposed Lot 7 having an area described by metes and bounds on Drawing No. 881128/E M & B dated 30/06/04, described as Private Open Space Conservation & Waterway Protection area.
The environmental covenant shall cater for the requirements of the conditions of approval by protecting vegetation described as the ‘Retained and Enhanced Vegetation’ as shown on the Vegetation Clearing Plan dated 23 July 2004.
Private Open Space for Conservation & Waterways Protection
The area of the site known as the ‘Private Open Space for Conservation & Waterway Protection’ area on Drawing No. 881128/E M & B and dated 30/06/04 shall be:
19.1	Managed to protect and reinforce its environmental values, particularly its Koala habitat and corridor values, Glossy Black Cockatoo habitat values, scenic amenity values and water quality protection function.
19.2	Managed and maintained in accordance with the approved Environmental Management Plan, Fauna Management Plan, Fire Management Plans and Ecological Restoration Plan.
19.3	Separated from adjacent development by a 1.2 m high fence.  The fence shall be ‘fauna-friendly’ but shall deter unauthorized people from entering the area.  A suitably located lockable gate may be provided to allow appropriate access by authorised personnel subject to the reasonable satisfaction of the Manager – Land Use.
19.4	Have signs placed on the fence to inform people that the ‘Private Open Space for Conservation & Waterways Protection’ area is for conservation and waterway protection purposes and access is prohibited.
19.5	Maintained by authorized people only permitted in this area as appointed by the owner responsible for the management and protection of the ‘Private Open Space for Conservation & Waterways Protection’.
19.6	Protected from infrastructure, tracks, drainage, water control devices, etc. or other development.
19.7	Protected so that native trees and vegetation are not removed, pruned, lopped, damaged or otherwise adversely affected without written approval from Council’s Manager – Environmental Services.
19.8	The ‘Private Open Space for Conservation & Waterways Protection’ area shall be restored and managed in accordance with the Ecological Restoration Plan.
Vegetation Removal, Disposal and Protection in the Development Area
Vegetation protection, removal and disposal within the development area shall be undertaken in general accordance with the Fauna Management Plan by James Warren & Associates (dated May 2003) and the Vegetation Management Plan by Greening Australia (dated May 2003).
Vegetation removal, tree felling and lopping shall be undertaken in an environmentally sensitive manner to avoid damaging surrounding vegetation, trees and habitat.
Prior to felling or lopping all trees are to be checked for wildlife (eg. koalas, cockatoos, possums).  If wildlife species are present, the tree shall not be felled or lopped until the wildlife has left the tree.
All cleared vegetation shall be suitably processed or removed from the site by a method approved by Council.
Environmental weed species cleared from the site shall not be mulched.  Vegetation material from environmental weed species shall be removed from the site and disposed of in a Council approved refuse tip.
Burning off is not considered an acceptable means of disposal and is not to take place.
During construction, the boundaries of areas of retained and protected vegetation shall be clearly marked for the purpose of preventing access into these areas thereby protecting the vegetation and habitat values.
All underground services, drainage, footpaths, bikepaths, roads and other site works shall be located to minimize adverse impacts on retained vegetation, particularly their root system.
Vegetation and individual trees retained in the development area shall be healthy and vigorous with an expected life span of at least 50 years.  A risk assessment by a qualified arborist shall be undertaken on all individual trees and stands of vegetation to be retained within the development area.  An arborist’s written report shall be included in the relevant Operational Works applications.
Prior to the commencement of any works on site a photographic survey of the existing vegetation within the escarpment area (the area of the site zoned Non-Urban) shall be undertaken and submitted to Council. Following the completion of all ecological restoration works a further photographic survey shall be undertaken annually and submitted to Council as evidence of the vegetation that is to be protected on site.
Koalas and Koala Habitat Protection
Koalas and their habitat require special protection and particular consideration shall be given to:
The protection and restoration of koala habitat, habitat linkages and corridors on the site as shown on Figure 7 by Environmental Science and Services, dated October 2003.
The protection and restoration of existing and new vegetation to facilitate Koala movement throughout the entire site.
The protection of Koalas during the construction and operation phases of the development.
The planting of additional koala food and habitat tree species as part of the landscaping in the development area.
Known Koala habitat trees within development precincts shall be protected unless specific approval exists for their removal or lopping, or their removal or lopping would be necessary as a result of approved operational or building works.
Rehabilitation/re-establishment of the Koala habitat and habitat links shown in Figure 7 by Environment Science & Services dated October 2003 within the site shall be given priority in the Ecological Restoration Plan and the landscaping plans for the development area of the site.
All swimming pools provided for by any development shall have a rope installed to allow Koalas to exit the pool.
Glossy Black Cockatoos and their protection
Glossy Black Cockatoos and their habitats require special protection and particular consideration shall be given to:
The protection and restoration of Glossy Black Cockatoo habitat on the site.
The protection of Glossy Black Cockatoos during the construction and operation phases of the development.
The planting of additional Glossy Black Cockatoo food and habitat tree species as part of the landscaping in the development precincts.
Rehabilitation/re-establishment of Glossy Black Cockatoo habitat within the development precincts shall be given priority in the Landscape Master Plan.
Nesting boxes for cockatoos shall be installed on trees.
Weed and Pest Species Control
Weed control shall be undertaken in general accordance with the Vegetation Analysis Report, dated December 2002, prepared by Greening Australia.
All plants listed as environmental weeds by the Queensland Herbarium or listed as Undesirable Plant Species by Noosa Council shall be removed and/or treated as per condition 35.
Prior to entering the site, all construction machinery and vehicles shall be washed down to remove soil that may contain weed seeds, soil pathogens and pest species.
All nursery stock shall be weed, pest and disease free and certified as such by the supplier.  The certificates are to be obtained prior to the commencement of any landscaping works on site and shall be made available to Council upon request.
All mulch produced on site by mulching cleared vegetation and trees shall specifically exclude material (particularly seeds) from environmental weed species (eg. lantana, asparagus and umbrella trees).
Soil disturbance shall be kept to a minimum to avoid weed proliferation.
The eradication and control of environmental weeds will be an integral part of both the Ecological Restoration Plan and any landscaping plans for the development.  Vegetation used in restoration work and landscaping shall exclude environmental weed species.
Ecological Restoration Plan and Specifications
An Ecological Restoration Plan and Specifications shall be prepared by a specialist restoration ecologist, to the reasonable satisfaction of the Council.  The applicant shall implement the Plan and Specifications. It shall identify all the areas designated as ‘retained and enhanced’ vegetation that require ecological restoration and specify actions and works necessary to result in robust, self-sustaining viable plant communities and habitat.  (Note:  The dense she-oak and wattle areas are a stalled seral stage of a Eucalyptus and Callitris open forest.  These areas need special management to ‘kick-start’ the natural regeneration processes and enable the vegetation to develop into self-sustaining open forests.  It is not just a matter of removing weeds and planting some trees.). The following, inter alia, shall be addressed and included in the Plan and Specifications:
42.1	Document the current status of the areas requiring ecological restoration in terms of structure, floristics, missing elements, health, vigour, etc.
42.2	Formulate structural and floristic models for the plant communities requiring ecological restoration.
42.3	Specify the required works and actions for each area in terms of:
site preparation (this may include thinning, removal of dense leaf litter, weed removal and control, etc.),
establishment of the missing floristic and structural elements,
habitat creation and reinforcement for native fauna and reinforcement of habitat linkages and corridors,
creating opportunities for regeneration from the seed bed, natural recruitment and the establishment of wildlings,
planting and mulching procedures,
fertilizing procedures noting the low nutrient status of these ecosystems,
watering procedures,
protection from wildfire, particularly during the establishment phase,
erosion and sediment control,
on-going maintenance,
environmental safeguards,  and
incorporation of the relevant requirements of all the management plans required by this approval, particularly the Fauna Management Plan, Fire Management Plan, and the Environmental Management Plan.
The Ecological Restoration Plan and Specifications shall include all parts of the site designated as ‘Retained and Enhanced Vegetation’.  This area is shown in green on the Vegetation Clearing Plan dated 23.7.04.
Fauna Management Plan
A Fauna Management Plan shall be prepared to the reasonable satisfaction of the Council and shall be implemented by the applicant.  The Fauna Management Plan shall be generally in accordance with James Warren’s & Associates Fauna Management Plan dated May 2003.
The Fauna Management Plan shall specify the numbers and types of forage and habitat trees (particularly for Koalas and Glossy Black Cockatoos) to be planted in the ‘retained and enhanced’ vegetation area shown on the Vegetation Clearing Plan dated 23.7.04.  Particular attention shall be paid to the following areas:
Planting of Allocasuarina littoralis (for Glossy Black Cockatoos) also appropriate hollow developing trees throughout all areas of retained vegetation and areas to be rehabilitated.
The ‘Private Open Space for Conservation & Waterways Protection’ area within proposed Lot 7.  Nesting boxes of a range of sizes shall be installed in nominated trees.  The number, type, size, location and purpose of the nesting boxes is to be specified.  The manner in which these nesting boxes are to be maintained shall be specified.
No cats and dogs shall be permitted on the subject land either during construction or by owners of any premises unless kept in purpose-built cat or dog runs (eg. large caged or fenced areas).
Fire Management Plan
A Fire Management Plan shall be prepared, to the reasonable satisfaction of the Council, for the subject land and shall be implemented by the owner.
The Fire Management Plan shall address:
48.1	Fire management and protection within the site.
48.2	Bushfire management and control in all the area of Retained and Enhanced Vegetation.
The Bushfire Management component of the Fire Management Plan shall be generally in accordance with the Bushfire Management Plan prepared by Greening Australia Queensland, dated May 2003.  It shall incorporate recommendations for fuel reduction other than by fire. Further the Fire Management Plan will address provision of some fire hydrants on the proposed firebreaks on the adjoining land, as required.
The Fire Management Plan is to be implemented by the Developer and future owners of the site and is to be referenced in any community management statement(s).
The Fire Management Plan shall demonstrate a high level of environmental care and responsibility and be consistent with best practice for developments of this type in similar environments.
Fire hydrants shall be supplied and located at the boundary of the development at the point where they abut or include areas of native vegetation.
The Fire Management Plan for the developed areas shall address, inter alia, the following:
setback zones from retained native vegetation;
access between structures and vegetated areas;
proposed building construction methods, materials and designs to reduce fire risks;
gutter treatments to avoid the collection of leaves and other fire-prone material;
location of fire hydrants and water points;
access for fire fighters and emergency workers;
fire suppression and evacuation procedures;
landscaping measures to reduce fire risk;
owners and operators training and responsibilities;
implementation procedures.
The Fire Management Plan shall meet the provisions of the Queensland Fire and Rescue Authority Act 1990 and shall be endorsed by the Queensland Fire & Rescue Authority.
The Applicant shall provide a bushfire information kit to the body corporate manager.  The bushfire information kit shall be submitted to Council for approval as part of the Fire Management Plan.
The Fire Management Plan shall incorporate all the relevant requirements of, and be consistent with, all the other management plans required by this approval.
Environmental Management Plan
An Environmental Management Plan (EMP) shall be prepared and implemented to ensure that the impact of the development on the environment is minimised and that the environmental values of the site are protected and enhanced.  The EMP is to:
57.1	Comply with AS14000.
Demonstrate a high level of environmental care and responsibility and be consistent with best practice for developments of this type in similar environments.
Detail the developer’s environmental policy and the proposed environmental management system for the site.
The Environmental Management Plan shall specify to the reasonable satisfaction of Council: the performance targets, including those derived from the conditions and other requirements arising from legislation and other approvals;
how the performance targets are to be achieved;
when the performance targets will be satisfied;
how performance will be monitored;
corrective actions and contingency measures to be undertaken;
reporting arrangements (including monthly reports to Council during construction);
auditing arrangements;
how the requirements are to be incorporated into construction and works contracts;
how the developers employees, contractors and the contractor’s employees will be informed and trained with respect to the environmental protection requirements;
enforcement;  and
penalties for non-compliance.
The EMP shall apply to all works and activities on the site and the adjacent road reserve.
In particular, but without limitation, the EMP shall address the following issues in relation to the construction and operational phases of the development:
legislative compliance;
vegetation protection;
fauna and fauna habitat protection;
aquatic ecosystem protection;
weed control;
pest control (particularly mosquitoes)
soil erosion and sediment control;
water quality protection;
groundwater protection;
air quality protection;
acid sulphate soil management;
storage and handling of hazardous substances;
noise and vibration management;
waste management;
cultural heritage management;
visual amenity protection;
bushfire control;
environmental emergencies;
community liaison.
The Environmental Management Plan shall incorporate the requirement for monthly environmental compliance monitoring and annual audit reports to be submitted to Council for the construction stages of the development.  The format and content of these reports shall be in hard copy and digital form, generally in accordance with the following:
Include tables of the monitoring results (digital form should be in Excel).
Include individual charts plotting the results for all parameters required in the monitoring.
Include a brief written discussion of the results and recommend any necessary actions.
The Applicant and all future owners of the site shall comply with the EMP and compliance with the EMP shall be referenced in any community management statement for any group title development over the site.
Sediment and Erosion Control Plan
Detailed staged Sediment and Erosion Control Plans shall be prepared for the site, to the reasonable satisfaction of Council and implemented by the owner. The Plans shall be in accordance with the Institution of Engineers Australia ‘Engineering Guidelines for Queensland Soil and Sediment Control’ (June 1996) and in particular using Checklist No. 3 from that document.  The Sediment and Erosion Control Plans shall cover all development on site (during the construction, establishment and operational phases), ecological restoration and remediation works.   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.
The Sediment and Erosion Control Plans shall also apply to the area of ‘Retained and Enhanced Vegetation’ shown on the Vegetation Clearing Plan dated 23.7.04, and shall:
-	identify existing erosion problems,  and
-	specify appropriate remedial actions.
All necessary erosion and sediment control devices shall be incorporated within the development area of the site.  That is the area shown as ‘Selective Clearing’ on the Vegetation Clearing Plan dated 23.7.04.
Stormwater and Water Quality Management Plan
A Stormwater and Water Quality Management Plan for the site shall be prepared to the reasonable satisfaction of Council and implemented by the owner.
The Stormwater and Water Quality Management Plan shall take into account matters specified in section 19.4 of the Environmental Protection (Water) Policy 1997.
Key water quality objectives to be reflected in the Stormwater and Water Quality Management Plan are for the protection of aquatic ecosystems in the waterways, wetlands and wet heathlands of the site and the receiving waters of Noosa Inlet and the Noosa River.  The low nutrient and pH environment of the wetlands and wet heathlands of the site are the key factors in determining appropriate performance targets.  Specifically, water quality objectives shall include the following performance targets, subject to the constraints of the catchments external to the site:
- 	Total nitrogen levels – 0.34 mg/l
- 	Total phosphorous levels – 0.035 mg/l
- 	pH – 4 to 5.
The Stormwater and Water Quality Management Plan shall comply with and address, inter alia, the following issues in relation to the construction, establishment and operation phases of the development:
All necessary stormwater treatment and water quality devices associated with the development shall be located within the approved boundaries of the site.
During the construction phase, monthly water quality monitoring and monitoring after significant rainfall events (at least two per year) shall be undertaken for:
suspended solids and turbidity,
temperature,
salinity,
total nitrogen,
total phosphorous,
pH,
trash and gross pollutants, and
dissolved oxygen.
During the establishment and operation phases, water quality monitoring shall be undertaken every third month and monitoring after significant rainfall events (at least two per year) shall be undertaken for:
total nitrogen,
total phosphorous,
suspended solids and turbidity,
pH,
salinity,
temperature,
dissolved oxygen,
trash and gross pollutants,
algal count and identification,  and
faecal coliforms.
The Developer shall continue this water quality monitoring for a period of 3 years from completion of the final stage of construction.
In addition, the Developer shall undertake inspections for erosion and deposition, the build-up of trash and gross pollutants, and other water pollution.  These inspections will be carried out every third month as well as after significant rainfall events, for a period of 3 years from completion of the final stage of construction.
An operational phase Water Quality Management Plan shall be prepared to the reasonable satisfaction of Council and address water quality performance targets, water treatment devices, water quality maintenance, requirements for stormwater management measures and devices, contingency measures for aquatic plant growth, loss of vegetation in swales and filter strips, pollution response and algal blooms.  It shall also include a mosquito management strategy.  The plan shall demonstrate compliance with the prescribed water quality objectives.
72.1	Responsibilities shall be clearly delineated.
72.2	Non-compliance with prescribed water quality standards will trigger the implementation of measures to rectify the problem(s).
72.3	Reports on monitoring, incidents, corrective action and plan updates shall be submitted to Council every three (3) months with Council being notified if any incident is recorded.  These reports shall include information collected during the monthly monitoring program, shall highlight any non-standard results, and be submitted in a form acceptable to Council.  The format and content of these reports shall be in hard copy and digital form, generally in accordance with the following:
including tables of the monitoring results (digital form should be in Excel);
include individual charts plotting the results for all parameters required in the monitoring (digital form should be in Excel);
include a brief written discussion of the results and recommend any necessary actions.
Water Quality Devices
Water quality control devices shall be installed generally in accordance with the Stormwater and Water Quality Management Plan.  Detailed staging plans and specifications, based on and generally in accordance with the Plan shall be prepared and submitted (after consultation with officers of the Council) with the relevant applications for operational works.
Drainage Works
The Developer shall complete the drainage works progressively in conjunction with development of the site and generally in accordance with the approved Stormwater and Water Quality Management Plan.  Detailed drainage plans and specifications, based on and generally in accordance with the approved Drainage Plan, the EMP and these Conditions, shall be prepared and submitted (after consultation with officers of the Council) with the relevant applications for operational works.
All drainage works as required by the Drainage Plan shall be provided by the Developer at its own cost.
A holding tank shall be provided on site with a capacity to hold at least 20,000 l for the purposes of providing a water supply for non-potable uses such as landscaping.

Land Development
Vehicle Access
A 5.5 metre wide concrete crossover driveway shall be constructed from Serenity Close generally in accordance with Council’s Standard Drawing R-0051.
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any level difference.  Should any driveways be constructed to grades that do not comply with Council’s Standards or AS/NZS 2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
All vehicles shall enter and leave the site in a forward direction.
Full engineering details of the proposed driveway and carparking area shall be submitted for approval prior to obtaining a Development Permit for Operational Works.
Internal Driveways
The development shall have an internal driveway that complies with the width requirements as set out in AS/NZS 2890.1-2004.
Service Bay
One of the carparking spaces towards the frontage of the development shall be used as a shared service bay for small delivery/maintenance vehicles.  This space shall be clearly line-marked and sign posted for use by Service Vehicles between the hours of 6am to 6pm.  Outside of the specified hours the space could be used as a standard visitor space.
Carparking
Carparking shall be provided within the site as generally shown on drawing number 2937/DA/10 dated 28 October 2011 by Blackburne Jackson Design, except as modified herein.
A minimum of 41 carpark spaces shall be provided on site, comprising:
84.1	39 covered carpark spaces (within the basement), consisting of 20 resident spaces and 19 visitor spaces (including 1 disabled space),
84.2	Two (2) uncovered carpark spaces (towards the frontage of the development).
All carparking areas shall be designed to comply with the provisions of AS/NZS 2890.1-2004 and AS/NZS 2890.6:2009 with a minimum head clearance (headroom) at any point of 2.2m on the vehicle paths and 2.5m within disabled spaces and adjacent shared areas.
All carpark spaces shall be clearly defined by line marking each space and by providing appropriate signage defining the space usage purpose as indicated on plan number 2937/DA/10 dated 28 October 2011 by Blackburne Jackson Design.  To this extent:
86.1	One (1) of the single carpark spaces within the basement must be line-marked and signed specifically as a disabled carparking space.
86.2 	The tandem carpark spaces within the basement must be line-marked and signed so that visitors can only park behind the car parking space assigned to the resident that they are visiting.
86.3 	One (1) of the uncovered carpark spaces (towards the frontage of the development) must be line-marked and signed specifically as a disabled carparking space.
86.4 	One (1) of the uncovered carpark spaces (towards the frontage of the development) must be line-marked and signed specifically for “Service Vehicles” between the hours of 6am to 6pm.
86.5 	The uncovered carpark spaces (towards the frontage of the development) must be line-marked and signed specifically for “Visitor Parking Only”.
86.6	All carparking spaces as defined shall remain as parking spaces and are not to be converted to storage or enclosed.
The requirements of this condition are to be included in the Community Management Statement for the development.
Access to the visitor car parking in the basement shall be controlled via an intercom system, which ensures that these spaces are available to visitors.
A small sign shall be installed within the site (in a clearly visible location for all vehicles to see near the entry gates) to advise visitors that visitor car parking spaces are provided within the basement carpark and to use the intercom system to contact the manager or the unit they are visiting to enable entry to the basement and to these spaces.
Vegetation Protection
All trees to be retained shall be clearly defined on all drawings and clearly marked on site to prevent any damage occurring to these trees.
Any works required within the drip zone of any trees to be retained shall be carried out by hand, not by machinery.
The internal driveway (or any other form of hard pavement for that matter) within the drip zone of any trees on site to be retained shall be designed to allow the flow of water through the pavement or be designed to direct stormwater runoff to the trees root system.  To this extent the uncovered visitor spaces towards the frontage of the development may be able to incorporate Grass Rings or a similar device that allows water penetration.
All pavements shall be constructed so as not to damage the root system of any trees to be retained and in this regard temporary fencing shall be provided around the trees during construction to help protect them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of pavements proposed, how they comply with the above conditions and also illustrating any temporary fencing to protect the trees prior to obtaining a Development Permit for Operational Works.
Frontage Works
Footpath improvements such as topsoiling, grassing, and tree planting are required to the Serenity Close frontage of the site (if not already provided) in accordance with Planning Scheme Policy PSP1 Landscaping Guidelines.  Grass shall be couch, free of weeds.
A new 1.5 metre wide concrete path shall be constructed along the Serenity Close frontage of the site (if not already provided) in accordance with Council’s design standards and to an alignment that protects any significant vegetation or any underground services.
All paths shall be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish.
Stormwater Drainage
A stormwater management plan shall be prepared by a RPEQ, specialising in stormwater and water quality management incorporating the principles of the Environmental Management Plan for the Settlers Cove Development 23118 DA, that demonstrates water reuse strategies, infrastructure capacity and effective treatment methodology.  The use of rainwater harvesting tanks for irrigation purposes shall be incorporated in the overall design plans.  These plans shall be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
All stormwater drainage shall be collected on site and discharged so there is no net increase in stormwater runoff from the site.
On site swale drains will be required to capture and direct any overland stormwater runoff to the Infiltration Pits proposed on site.  These swales shall be sized to carry a 3-month storm event and plans detailing their capacity, location, length, width and grades shall be submitted to Council for approval.
To ensure polluted run-off does not enter any of the proposed Infiltration Pits, and ultimately the water table, 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 (or similar device) provided on site prior to discharging into the infiltration pits.
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.

All other clean stormwater, such as roof water, can be collected on site and discharged directly into the infiltration pits, bypassing the grease/oil arrestor.

A Development Permit for Building Works shall not be granted until a Development Permit or Operational Works has been issued in regard to the drainage scheme.
All site stormwater drainage shall be by means of a gravity system.
Plans of the entire on site drainage design shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
Sewer Mains
Delete
Town Water Supply
Delete.
Delete.
Service Easements
All existing and proposed easements within the site shall be shown on the plans submitted for Operational Works / Building Works approval.
Registered easements shall be created over any Council service within the subject site in accordance with Council’s requirements (if not already created) and at no cost to Council.
The Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that the Title Deed and the easement documents will be lodged at the Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.

Earthworks
Plans and details outlining the extent of earthworks required on site and any trees to be retained shall be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
All major excavations (including the basement and driveways) shall be shored to prevent batters extending into areas and vegetation that are to be retained.  All trees to be retained should be adequately tagged to Council’s satisfaction and enclosed with a barrier fence to the drip line to prevent damage.
A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures and/or land, and make recommendations on the type of foundation system(s) best suited for the proposed development. The recommendations of this report shall be incorporated into the design and construction of the proposed development.
Earthworks shall not cause the ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses or overland flow path.
Erosion and Sediment Control
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, controlled disposal of waste, catch drains, and temporary infiltration or sump pump-outs will be necessary.
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.  The applicant is advised that a simple silt fence by itself is unlikely to meet the objectives of best practice for Erosion & Sediment Control.
Construction Issues
A Construction Management Plan addressing all construction phases, including traffic management, shall be prepared and submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
The report should aim to address every foreseeable problem that could occur during the construction process and include recommendations on how these can be overcome or minimised. The report shall be to the reasonable satisfaction of the Manager Land Development.
Community Management Statement Requirements
The Applicant and all future owners of the site shall comply with the Environmental Management Plan (EMP) for Settlers Cove Development 23118 DA and compliance with the EMP shall be referenced in any community management statement over the site.
The Fire Management Plan is to be implemented by the Developer and future owners of the site and is to be referenced in any community management statement.
The owners of the allotment shall not object to the construction of a boardwalk along Noosa Inlet beside allotment 7 for the purpose of providing public access. Any Community Management Statement established over any allotment shall also detail that the body corporate will not object to the provision of a boardwalk as detailed above.
General
A Registered Professional Engineer of Queensland 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.
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 the site shall be covered to prevent materials including dust being windblown from the vehicle.

Building
To meet the needs of people across a range of abilities and ages and be adaptable for the changing needs of people over time, at least 3 dwelling units shall include the following:
All doors to habitable rooms, kitchen, laundry and bathrooms are a minimum of 870mm wide; and
121.2	Hallways are a minimum of 1.2m wide; and
121.3	All entries into the dwelling unit and internal doorways, have no more than a 10mm change in level, other than access to balconies where building code sill weatherseal is to be maintained.  A ramp can be retrofitted to provide access in accordance with Australian Standards 1428.1 – 1993 Design for Access and Mobility Chapter 7 Doorways, Doors and Circulation Space at Doorways – Ramped Threshold; and
121.4	Has an accessible toilet and bathroom, complete with reinforced walls, that can be reached along an accessible path; and
A sliding door or window, no higher than 600mm from the floor is provided in at least 1 bedroom to allow for a seated person to look out of and open and close the sliding door or window; and
A minimum of one power point to each habitable room is placed up from the floor (minimum 600mm) and out from the corner (minimum 500mm) to facilitate disabled access.
The following shall be complied with the development of the site:
There is to be no uncontrolled discharge of water onto the slope;
Stripping of vegetation for construction purposes should be minimised.  If vegetation is destroyed it should be reinstated immediately after construction is completed;
The recommendations of all Golder Associates Pty Ltd reports on slope stability over the Settlers Cove site are to be adhered to for the design, construction and supervision of the development;
Additional load due to fill, construction equipment or stockpiled materials should not be located on the dune slope;
Vibration monitoring shall be carried out by the geotechnical engineer and appropriate action taken should vibration effects be a concern;
A condition survey is to be carried out of adjoining buildings, structures and services prior to any demolition works or construction works taking place on site.  If distress already exists, a photographic survey shall be undertaken, the distress measured and a plan to monitor changes to distress shall be implemented.  A copy of this report is to be submitted to Council within 5 business days of survey and prior to construction work proceeding;
Deleted.
A RPEQ shall be engaged by the client to oversee any piling works.
The construction of the whole of the foundations is to be carried out in accordance with the recommendations of the applicant’s consulting Geotechnical engineer, including any on-site supervision required by these recommendations. Such works shall only be carried out during dry weather conditions and if there is a risk of sand movement occurring, all work shall be suspended until such steps, approved by the applicant’s Geotechnical engineer have been taken to ensure that no further slippage will result.
A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of the work confirming compliance with the maximum building height above natural and finished surface, required by the provisions of the Planning Scheme.
Environmental Health
The developer shall comply with the Refuse Management Plan Reference Ryter Planning RCU 1005.
The developer must provide a suitably screened imperviously paved area large enough for all refuse and recycling containers. A wash down area is required with a cold-water tap, hose and drain outlet connected to sewer. The drain outlet is to be designed to prevent stormwater entry to the sewerage system.
Street litter bins to a design approved by Council, shall be supplied and installed at the developers expense at agreed locations.
Refuse chutes must be provided, in accordance with Council’s Policy for Refuse Chutes and Accessories in Multi Storey Buildings.
Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or located in a manner which prevents a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
Air conditioning units shall be located in a manner which prevents noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 and Council’s Local Law No. 12 - Control of Nuisances.  On the spot fines apply for such offences.
An occupier of premises where there is air-conditioning equipment must not use or allow the use of the equipment -
before 7am or after 10pm on any day if it makes noise or causes noise to be made of more than the higher of the following -
- 	40 dB(A)
-	3 dB(A) above the background noise level from 7am to 7pm on any day if it makes noise or causes noise to be made of more than the lower of either of the following -
-	50 dB(A)
-	5 dB(A) above the background noise level
from 7pm to 10pm on any day if it makes noise or causes noise to be made of more than 3 dB(A) above the background noise level.
The area is in close proximity to vector breeding areas and the following conditions are required.
All windows and doors shall be screened with mosquito-proof gauze not coarser then 1mm aperture to prevent the ingress of mosquitoes.  It should be noted that these screens will not necessarily restrict the ingress of Biting Midge due to their reduced size.
The developer is to undertake a public education/awareness program for all persons visiting the premises on the potential health risk of and ways to prevent being bitten by Mosquitoes and Biting Midge.
A notation shall be added to Council’s records whereby any applicant undertaking a health/property search is advised that this premises is located near major breeding areas of Mosquitoes and Biting Midge and may be subject to associated problems.
All rooftop terrace and accessway balustrades and upstands are to be constructed of open or transparent materials.
The rooftop terrace shall not be covered with any fixed structure or the like.

Additional Condition - Access & Services Easement (1/7/2010)
An access and services easement shall be created over the proposed shared driveway that gives access to the basement carparking of Lot 8 on SP195871 through Lot 7 on SP195871 and over any services that supply Lot 8 on SP 195871 but stand within Lot 7 on SP195871.  The easement shall be of sufficient width to encompass the whole of the driveway and any manoeuvring area (with the width being increased where necessary to accommodate passing lanes or to provide the specified clearances from cut/fill batters) and shall be of sufficient width to permit maintenance and replacement of the services. The easement shall be to the benefit Lot 8 on SP195871 and burden Lot 7 on SP195871.
In this regard, plans submitted for Operational Works approval shall accurately show the location of the easement.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that the Title Deed and the easement documents will be lodged at the Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
Should the subject site (Lot 7 on SP195871) be amalgamated with the adjoining site (Lot 8)

Additional Conditions 21/12/2011
134.	Construction activities must not impede the access of Unitywater or Fire Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).
135.	The fire-fighting demand on Unitywater’s water supply system from the development must not exceed 15 litres per second.
136.	A single Unitywater installed primary water meter must be provided immediately inside the property boundary.  Additional water meters must be installed for each title of a community title or sub-lease scheme. Meters must be approved by Unitywater, installed in accordance with Unitywater requirements and remain accessible at all times for reading and maintenance purposes.
137.	A 3.0 metre wide easement must be provided over Unitywater sewerage infrastructure located within private property. Easements must be located centrally over the main.
138.	Buildings and other structures must maintain a minimum clearance of 1.0 metre from sewer manhole chambers and the sewerage inspection opening.
139.	Storm water retention systems and gross pollutant traps must maintain a minimum clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure.
140.	Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature and be suitable Unitywater approved varieties.
141.	Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
REFERRAL AGENCY CONDITIONS

Not Applicable

APPROVED PLANS/DOCUMENTS

Refer to table in Condition 1.

ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of approval:
We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the Disabled Discrimination Act (DDA) in regard to the installation of disabled access and the provision of disabled facilities, and that access to this building and the provision of sanitary facilities may need to comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia.
The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from making noise from:-
Monday to Saturday, before 7:00am or after 6:30pm
Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under these provisions.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, stormwater drain or a water course.  On the spot fines apply for such offences.
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 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.
A Registered Professional Engineer of Queensland 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.
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.
The applicant is informed that this Change to Existing Approval will trigger an amended Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $37,930.00 and is subject to variations in the Consumer Price Index, All Groups Brisbane from March 2011 until the date of payment.  An amended Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
Please contact Council's Infrastructure Charges Officer (email: [email protected]) a minimum of 5 business days prior to payment of the infrastructure contributions and/or charge notice so a payment advice detailing the amounts applicable at the time of payment may be issued to accompany the payment.

Additional Advisory Note (1/7/2010)
The applicant is advised that development contributions and infrastructure charges applicable to this Change to Existing Approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development	Approved Development
Existing Use Class / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Detached House	Vacant Land (per Lot Reconfiguration 23118 DA, Water Supply, Sewerage, Parks & Pathways previously fully paid with 1 x Detached House credit for Roads )	Multiple Housing - Type 4 – Conventional	19 x 3 Bedroom Units

Additional Advisory Notes (21/12/2011)
Connection to Unitywater live water mains and the live sewer system must be undertaken by Unitywater at the applicants cost.
A 150mm diameter watermain is located within the road boundary fronting the development site in Serenity Close. Construction works, heavy traffic crossing the main, excessive vibration and excavation close to the main may cause damage to the pipe. Extreme care is required when working close to this infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
12	A trade waste permit is required prior to any stormwater, groundwater or sump pump discharge into Unitywater’s sewerage system.
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.

PROPERTY NOTES

Not applicable.

Preliminary Approval Overriding Scheme

Not applicable.

FURTHER DEVELOPMENT PERMITS REQUIRED

Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	Multiple Dwelling (19 Dwelling Units)
Development Permit for Operational Works	Landscaping, car parking and access, frontage works, stormwater disposal, sediment and erosion controls filling of the site, roadworks, sewer reticulation (including new mains, relocations, diversions, pump stations and rising mains), water reticulation, earthworks;

Self Assessable Codes

Not applicable.

SUBMISSIONS

There were 14 properly made submissions about the original application.

RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions is attached.

OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

Yours faithfully

Denis Wallace
SENIOR DEVELOPMENT PLANNER

Encl. 	Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 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.

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