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Decision Notice - 010.2008.00001070.001 [As Published] · 132008.1070

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                                             Officer:          Denis Wallace
                                             Direct Telephone: (07) 5449 5179
                                             Response Address: PO Box 141, Tewantin QLD 4565
                                             Email:            [email protected]
                                             Our Reference:    2008/1070
                                             Your Reference:
1 August 2008

Peter Hull Architect Pty Ltd
PO Box 407
NOOSA HEADS QLD 4567




Dear Sir

                                      Decision Notice
                                    Integrated Planning Act 1997

I refer to your application and advise that on 31 July 2008 Council decided to approve the application
in full subject to conditions.
Details of the decision are as follows:

1        APPLICATION DETAILS

    Application No:                  2008/1070
    Street address:                  532/61 Noosa Springs Drive, Noosa Heads
    Real property description:       Lot 32 GTP 107048
    Planning Scheme:                 The Noosa Plan
2        DECISION DETAILS

The following type of approval has been issued:
        Development Permit for Material Change of Use - Detached House
3        RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Approval is identified in the Assessment Manager
conditions.

4        ASSESSMENT MANAGER CONDITIONS

1.       Development undertaken in accordance with this approval must generally comply with the
         approved plans of development. The approved plans are titled and numbered:
          Plan         /     Rev.   Plan / Document Name                        Date
          Document No.
          0803 1001 CD       B      1 - Ground, 2 - Roof – Peter Hull           25 May 08
                                    Architect Pty Ltd




                                                                                         Page 1 of 9
Full text of the other 8 pages

Page 2

                                                                                      2008/1070



      0803 3001 CD        A       1 - North Elevation, 2 - East Elevation,   4 April 08
                                  3 - South Elevation, 4 - West Elevation,
                                  1 - Section AA, 2 - Section BB, 3 -
                                  Section CC – Peter Hull Architect Pty
                                  Ltd

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.    Fences shall not exceed a maximum height of 2 metres, with fencing of the northern property
      boundaries not to exceed 1.2 metres in height.
4.    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.
5.    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, or any otherwise applicable standards currently in place. 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.
6.    All hot water systems installed shall be either solar systems; electric heat pump systems; or
      gas systems (LPG or natural).
7.    The building height shall not exceed 8.0 metres above natural ground level.
Currency
8.    The Development Permit for a material change of use lapses if the use has not happened by
      31 July 2012, unless an application to extend the currency is approved by Council.
Vehicle Access
9.    A vehicular access driveway to serve the dwelling shall be constructed from the Noosa
      Springs Drive frontage of the site with a maximum width of 4.5m.
10.   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 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 surrounding council property shall be
      avoided to minimise the potential for pedestrians to trip or fall.
11.   To ensure safety of vehicles exiting the site, other traffic and pedestrians, the driveway,
      letterbox and any associated fencing or vegetation near the driveway shall comply with the
      minimum sight line requirements as defined in AS 2890.1, section 3.2.4. The applicant shall
      demonstrate compliance by illustrating these sight lines on the plans submitted for Building
      Works approval.




                                                                                     Page 2 of 9

Page 3

                                                                                        2008/1070



Roof Water & Stormwater Drainage
12.   Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank that
      is installed to ensure water from the rainwater storage system or tank is used for external uses
      (such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming
      pools, outdoor cleaning, etc) and for internal (ground floor) use in washing machine cold taps
      and toilet cisterns. All rainwater tanks are to be designed and installed in accordance with the
      Queensland Development Code (QDC) current at the time of building approval, and shall be
      part of the plumbing application for approval. The location and capacity of the tank(s) shall be
      clearly shown on the plans submitted for Building Works approval and any overflow shall be
      directed to the stormwater drainage system located at Noosa Springs Drive.
13.   All stormwater drainage (including roof water overflow from the rainwater storage system)
      shall be collected and discharged so there is no net increase in stormwater runoff from the
      site. Stormwater drainage permitted to drain from the site shall be discharged to Council’s
      kerb & channel street drainage system in Noosa Springs Drive. Plans of the drainage design
      shall be prepared by a Registered Professional Civil Engineer and included in any plans
      submitted for a Development Permit for Building Works.
      The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street
      drainage system at any one location is 25 litres/second.
14.   All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
15.   The site shall be connected to Council’s existing sewerage reticulation systems and be
      constructed in accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
16.   The site shall be connected to Council’s existing town water supply and be constructed in
      accordance with Council’s standards and requirements at no cost to Council.
Earthworks
17.   Earthworks required on site shall be carried out in accordance with Council’s Planning
      Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional
      ponding of water on any adjoining lands or the blockage of, or interference with, any natural
      watercourses.
18.   Earthworks carried out on site shall not affect the structural integrity of any of the existing
      fences or structures that border the development site. Fences that are affected shall be
      replaced prior to the Building Certifier issuing the Certificate of Classification. In this regard
      any fences to be replaced shall be clearly shown on the plans submitted for Building Works
      approval.
Erosion and Sediment Control
19.   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 Building
      Works.




                                                                                       Page 3 of 9

Page 4

                                                                                       2008/1070



Contributions Towards Council Infrastructure
20.    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:
        PSP20 – Pathway Trunk Network Contributions                                   $703.00
        TOTAL Contribution Amount =                                                   $ 703.00
        Please note, that these amounts are all subject to variations in the Consumer Price Index, All
        Groups Brisbane from June 2008 until the date of payment.

       All contributions must be paid prior to the issue of a Development Permit for Building Works.

       Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
       contributions not be paid at the due time, Council shall call upon the trading bank guarantee in
       full.

       Processing of bonds for security where specific Council approval has been given for the
       bonding of contributions will incur an administration fee in accordance with Council’s Land
       Development Commercial & Regulatory Fees at the time of lodgement.

       In the event that the Development Permit for Material Change of Use of Premises lapses or is
       cancelled, the paid contributions and/or the trading bank guarantee will be returned.
General
21.    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.
22.    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.
23.    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.

5      REFERRAL AGENCY CONDITIONS

The referral agencies applicable to this application are:

 Referral Trigger              Referral Status   Referral Agency        Referral Address

 Nil

6      APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following
table:
 Plan / Document No.       Rev.     Plan / Document Name                      Date
 0803 1001 CD              B        1 - Ground, 2 - Roof – Peter Hull         25 May 08
                                    Architect Pty Ltd


                                                                                      Page 4 of 9

Page 5

                                                                                     2008/1070



 0803 3001 CD            A       1 - North Elevation, 2 - East Elevation,   4 April 08
                                 3 - South Elevation, 4 - West Elevation,
                                 1 - Section AA, 2 - Section BB, 3 -
                                 Section CC – Peter Hull Architect Pty
                                 Ltd

7    ADVISORY NOTES

The following Advisory Notes 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
       Detached House         Vacant Land             Detached House             Detached House

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 $2,905.00 and is subject to variations in the
     Consumer Price Index, All Groups Brisbane from June 2008 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.   The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
     Local Law No. 12, prevents a builder or building contractor carrying out building work on a
     building site in a way that makes or causes audible noise to be made from the building work:-
     5.1.    On a Sunday or public holiday, at any time; or
     5.2.    On a Saturday or a business day, before 7.00am or after 6.30pm.
     A maximum penalty of $1,500 applies to an offence under this legislation.

6.   Prior to the commencement of the development, a plumbing assessment must be obtained
     from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage
     Act 2002 (as applicable).
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.




                                                                                    Page 5 of 9

Page 6

                                                                                          2008/1070



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 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.

8     PROPERTY NOTES

Not applicable
9     PRELIMINARY APPROVAL OVERRIDING SCHEME

Not applicable

10    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required            Subject of the required Development Permit
 Development Permit for Building Works          All Building Works

11    SELF ASSESSABLE CODES

The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Detached House Driveways Code
12    SUBMISSIONS

Not applicable

13    REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable

14    RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

15    OTHER DETAILS

Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice is attached in compliance with Chapter 5 of the Integrated Planning Act
1997.
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.


                                                                                         Page 6 of 9

Page 7

                     2008/1070



Yours faithfully,




Denis Wallace
PLANNING OFFICER




                    Page 7 of 9


[OCR of page images]
2008/1070

 

Yours faithfully,

Denis Wallace
PLANNING OFFICER

 

Page 7 of 9

Page 8

                                                                                              2008/1070



                                                 Appeal Rights
                                                INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




                                                               (5) If an application is processed under section
The following is an extract from the Integrated            6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4).                                  application are available only for the aspects of the
                                                           development that would have required public
Division 8 - Appeals to court relating to
                                                           notification under the repealed Act.
development applications
Appeals by applicants                                          (6) If an application involves assessment
4.1.27.(1) An applicant for a development                  against a concurrence agency code, appeal rights
application may appeal to the court against any of         for submitters for the application are not available
the following-                                             against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a              concurrence agency’s response for the code.
    development application;                               Appeals by advice agency submitters
(b) a matter stated in a development approval,             4.1.29.(1) An advice agency may, within the limits
    including any condition applying to the                of its jurisdiction, appeal to the court about the
    development, and the identification of a code          giving of a development approval for a
                         1
    under section 3.1.6;                                   development application if-
(c) the decision to give a preliminary approval            (a) the development application involves impact
    when a development permit was applied for;                 assessment; and
(d) the length of a currency period;                       (b) the advice agency told the applicant and the
(e) a deemed refusal.                                          assessment manager to treat its response to
                                                               the application as a submission for an appeal.
    (2) An appeal under subsection (1)(a) to (d)
must be started within 20 business days (the                   (2) The appeal must be started within 20
“applicant’s appeal period”) after the day the             business days after the day the decision notice or
decision notice or negotiated decision notice is           negotiated decision notice is given to the advice
given to the applicant.                                    agency as a submitter.
    (3) An appeal under subsection (1)(e) may be           Appeals for matters arising after approval given
started at any time after the last day a decision on       (co-respondents)
the matter should have been made.                          4.1.30.(1) For a development approval given for a
Appeals by submitters                                      development application, a person to whom any of
                                                           the following notices have been given may appeal
4.1.28.(1) A submitter for a development
                                                           to the court against the decision in the notice-
application may appeal to the court about-
                                                           (a) a notice giving a decision on a request for
(a) the giving of a development approval, including
                                                               extension of the currency period for an
    any conditions (or lack of conditions) or other
                                                               approval;
    provisions of the approval; or
                                                           (b) a notice giving a decision on a request to make
(b) the length of a currency period for the approval.
                                                               a minor change to an approval.
    (2) The appeal must be started within 20
                                                               (2) The appeal must be started within 20
business days (the “submitters appeal period”)
                                                                   business days after the day the notice of the
after the day the decision notice or negotiated
                                                                   decision is given to the person.
decision notice is given to the submitter.
                                                               (3) Subsection (1)(a) does not apply if the
    (3) If a person withdraws a submission before
                                                                   approval resulted from a development
the application is decided, the person may not
                                                                   application (superseded planning scheme)
appeal the decision.
                                                                   that was assessed as if it were an
    (4) If an application involves both impact                     application under a superseded planning
assessment and code assessment, appeal rights                      scheme.
for submitters are available only for the part of the
                                                               (4) Also, a person who has made a request
application involving impact assessment.
                                                                   mentioned in subsection (1) may appeal to
                                                                   the court against a deemed refusal of the
                                                                   request.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
                                                                                             Page 8 of 9

Page 9

                                                                                             2008/1070

     (5) An appeal under subsection (4) may be          For Building Works Only
         started at any time after the last day the     Rights of appeal conferred by Section 4.2.9 of the
         decision on the matter should have been        Integrated Planning Act 1997 as follows:
         made.
                                                        Division 3 – Appeals to tribunals relating to
                                                        development applications
Division 9 - Appeals to court about other
matters                                                 Appeals by applicants
Appeals for matters arising after approval given
(no co-respondents)
                                                        4.2.9(1) An applicant for a development application
4.1.31.(1) A person to whom any of the following        may appeal to the Building and Development
notices have been given may appeal to the court         Tribunal against any of the following-
against the decision in the notice-
                                                        (a) the refusal, or the refusal in part, of a
(a) a notice giving a decision on a request to              development application;
    change or cancel a condition of a development
    approval.                                           (b) a matter stated in a development approval,
                                    2                       including any condition applying to the
(b) a notice under section 6.1.44 giving a decision         development, and the identification of a code
    to change or cancel a condition of a                    under section 3.1.6;
                                                                                  3
    development approval.
                                                        (c) the decision to give a preliminary approval when a
    (2) The appeal must be started within 20                  development permit was applied for;
        business days after the day the notice of the
                                                        (d) the length of a period mentioned in section 3.5.21
        decision is given to the person.
                                                              currency period;
    (3) Also, a person who has made a request
                                                        (e) a deemed refusal.
        mentioned in subsection (1)(a) may appeal
        to the court against a deemed refusal of the       (2) An appeal under subsection (1)(a) to (d) must
        request.                                        be started within 20 business days (the “applicant’s
                                                        appeal period”) after the day the decision notice or
    (4) An appeal under subsection (3) may be           negotiated decision notice is given to the applicant.
        started at any time after the last day the
                                                            (3) An appeal under subsection (1)(e) may be
        decision on the matter should have been         started at any time after the last day a decision on the
        made.                                           matter should have been made.
Appeals against decisions to change approval            The Registrar for the Building and Development
conditions under the repealed Act                       Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a         http://www.localgovernment.qld.gov.au/
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
                                                        3
    cancelled by assessment manager or concurrence           Section 3.1.6 (Preliminary approval may override
    agency in certain circumstances)                        local planning instrument)
                                                                                            Page 9 of 9

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