Council archive · source document
Negotiated Decision Notice - 010.2007.00001413.001 [As Published] · 132007.1413
Officer: Kerri Coyle
Direct Telephone: (07) 5449 5223
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2007/1413
Your Reference:
5 November 2008
Graham Henning
CARE Murray & Associates (Qld) Pty Ltd
PO Box 246
NAMBOUR QLD 4560
Dear Sir
Negotiated Decision Notice
Integrated Planning Act 1997
I refer to your application and the representations you made in respect to the Decision Notice. On 3
November 2008 Council decided your representations.
Details of the negotiated decision are as follows:
1 APPLICATION DETAILS
Application No: 2007/1413
Street address: 430 Black Mountain Road, Black Mountain
Real property Lot 89 SP 158854
description:
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 19 August 2008 decided to issue the following type of approval:-
Development Permit for Material Change of Use - Visitor Accommodation Type 3 - Rural
In relation to representations, Council on 3 November decided to:
A. Refuse to change/delete Conditions 3, 15, 16 & 18 for the following reasons:
Condition 3
The condition is consistent with The Noosa Plan definition of a cabin, with laundries not
permitted within the individual cabins.
Conditions 15 & 16
Sealing the driveway entrance is required to facilitate the safe acceleration and deceleration of
traffic entering and leaving the site.
Condition 18
The required capacity of the rainwater tank(s) for the 3 cabins is considered reasonable for the
use. The on site dams are not suitable for potable water, with the reduced storage capacity
proposed unlikely to meet visitor demands.
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2007/1413
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 numbered:
Plan / Rev. Plan / Document Name Date
Document No.
40487 A Development Plan of Proposed Material 20/12/07
Change of Use in Lot 89 on SP 158854
Demonstrating Proposed Cabins –
Murray & Associates (QLD) Pty Ltd
Floor Plan – Statewide Transportables
Elevations – Statewide Transportables
and as may be amended by these conditions.
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.
2
3. All cabins shall not exceed 100m in gross floor area, not include a laundry and shall be used
for overnight or holiday accommodation only.
4. Cabin 1 shall be setback a minimum 30 metres from the adjoining property boundary.
5. The setback areas between Cabin 1 and the adjoining property and Black Mountain Road
shall be planted with native trees and shrubs to provide a dense visual screen.
6. The development shall be undertaken in accordance with the recommendations of the
Bushfire Hazard Assessment Report prepared by Bushfiresafe (Aust) Pty Ltd) and dated 30
November 2007.
7. Existing trees on the site and within road reserves are to be retained, except where required to
be removed due to building operations or the conduct of the approved use. These landscape
plans required to be submitted are to denote areas of existing vegetation or existing trees
proposed or required to be retained.
8. Any advertising sign or device is to comply with Council's policies on advertising.
9. All hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural).
10. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for building 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.
11. 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.
12. The Development Permit for a material change of use of premises lapses if the use has not
happened by 19 August 2012, unless an application to extend the currency is approved by
Council.
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13. 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.
Vehicle Access
14. Access to the site shall be maintained in accordance with AS/NZS 2890.1-2004 and Council
Standards.
15. The driveway shall be sealed for a minimum length of 10m from the edge of bitumen of Black
Mountain Road and any section of driveway with a grade greater that 12%.
16. A Road/Footpath Permit shall be completed and submitted for the construction of the access
driveway in accordance with Council’s Local Law No.8. If approval is given the driveway shall
be constructed in accordance with Council’s standard drawings, which will be provided at time
of approval.
Car Parking
17. A minimum of 1 carparking space per cabin shall be constructed to comply with AS/NZS
2890.1-2004 with regard to grades.
Roof Water & Stormwater Drainage
18. Roof runoff from the proposed new cabins shall be directed to a rainwater storage system with
a minimum storage capacity of 60,000.
Effluent Disposal
19. The design and construction of any on-site effluent disposal system and disposal area (land
application area) shall be in accordance with Council’s Planning Scheme Policy PSP24 -
Effluent Disposal and the recommendations of the report by Domestic Waste Water Design
th
dated 5 March 2008.
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:
PSP12 – Public Open Space Contributions (Park) $1,075
Local Roadworks Contributions $845
$1,075
Land Use to update to
TOTAL Contribution Amount =
include any Land Use
contribution amounts.
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 Operational
Works commencement of the use.
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.
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23. Refuse containers must be provided in accordance with the requirements of the Environmental
Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for
the storage and collection of refuse.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Site contains a Concurrence Department of PO Box 573
Category 3 area of Natural Resources NAMBOUR QLD 4560
assessable vegetation & Water
A copy of any referral agency conditions is attached.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in Assessment
Manager conditions.
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. Noise from building works associated with residential development shall comply with the
following –
1.1 Limited to between 7:00am to 6:30pm Monday to Saturday.
1.2 All reasonable measures are taken to minimise noise emissions.
1.3 Not permitted on Sunday or public holidays.
2. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint,
cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed
where it could reasonably be expected to move into a roadside gutter, storm water drain or a
watercourse. On the spot fines apply for such offences.
3. 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 Plus
Visitor 1 Dwelling Plus
Detached House 1 Dwelling
Accommodation 3 Cabins
Type3
4. 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.
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.
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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 Subject of the required Development Permit
required
Nil
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:
Advertising Devices Code
12 SUBMISSIONS
There were seven (7) properly made submissions about the application. In accordance with
Integrated Planning Act 1997, the name and address of the principal submitter for each properly
made submission is provided and attached.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
14 RIGHTS OF APPEAL
You have continuing appeal rights in respect of Council’s decision on your application. Refer Section
4.1.27. of the Integrated Planning Act 1997.
Please note that the Development approval does not take effect and cannot be acted upon, until the
end of the submitter’s appeal period.
15 OTHER DETAILS
Should you wish to obtain more information about Council’s decision, electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
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DECISION NOTICE HISTORY
Original Decision Notice issued 19 August
2008.
Negotiated Decision Notice issued 3
November 2008 with no amendment to
conditions.
Yours faithfully,
Kerri Coyle
MANAGER – LAND USE
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List of Submitters
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
LesaMay Wilson
478 Black Mountain Road
RIDGEWOOD QLD 4563
Dulcie & Brian Richardson
PO Box 796
COOROY QLD 4563
Andrew Campion
478 Black Mountain Road
RIDGEWOOD QLD 4563
Valerie Smith
440 Black Mountain Road
COOROY QLD 4563
Pia Goodwin
413 Black Mountain Road
COOROY QLD 4563
Derek Smith
440 Black Mountain Road
COOROY QLD 4563
Peter Holland
413 Black Mountain Road
COOROY QLD 4563
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Referral Agency Conditions –
Department of Natural Resources &
Water
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2007/1413 9 of 11 [OCR of page images] 2007/1413 4. Approved plan 4.1. Title 4.2. Date 4.3. Author 4.4. Reference Plan of Proposed Material Change of Use in Lot 89 on SP158854 — Demonstrating Proposed Cabins 28 June 2005 Murray & Associates 40487 HES dns TONSHOML SIH Surge pasodorg Funensuowag PSBOSTAS 10 6B 107 Ur asy jo o¥ueyg [euasqey posodoig jo weg ‘irae 2] ~£008700/8 00 PUraTay sacl Bawa] gory AINAOD a S| bone | SEIE=D ao aaa LarOr aad 1 iaous 57 ee ren wom Fee She ba Fee ‘Saha bel oh ~ et ee 5. Delegated officer signature Mr Michael Watson A/Senior Vegetation Management Officer — VM1 South East Region, NRW 5 September 2007 Department of Natural Resources and Water Page 4 of 4 9of 11
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
for the application are not available against the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application may 4.1.29.(1) An advice agency may, within the limits of its
appeal to the court against any of the following- jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application if-
application; (a) the development application involves impact
(b) a matter stated in a development approval, including any assessment; and
condition applying to the development, and the (b) the advice agency told the applicant and the
identification of a code under section 3.1.6;1 assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a currency period; days after the day the decision notice or negotiated
(e) a deemed refusal. decision notice is given to the advice agency as a
submitter.
(2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the “applicant’s appeal Appeals for matters arising after approval given
period”) after the day the decision notice or negotiated (co-respondents)
decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be started at development application, a person to whom any of the
any time after the last day a decision on the matter should following notices have been given may appeal to the
have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for extension
4.1.28.(1) A submitter for a development application may of the currency period for an approval;
appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including any minor change to an approval.
conditions (or lack of conditions) or other provisions (2) The appeal must be started within 20 business
of the approval; or days after the day the notice of the decision is given to
(b) the length of a currency period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the approval
days (the “submitters appeal period”) after the day the resulted from a development application (superseded
decision notice or negotiated decision notice is given to planning scheme) that was assessed as if it were an
the submitter. application under a superseded planning scheme.
(3) If a person withdraws a submission before the (4) Also, a person who has made a request
application is decided, the person may not appeal the mentioned in subsection (1) may appeal to the court
decision. against a deemed refusal of the request.
(4) If an application involves both impact assessment (5) An appeal under subsection (4) may be started at
and code assessment, appeal rights for submitters are any time after the last day the decision on the matter
available only for the part of the application involving should have been made.
impact assessment.
Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application (no co-respondents)
are available only for the aspects of the development that
would have required public notification under the 4.1.31.(1) A person to whom any of the following notices
repealed Act. have been given may appeal to the court against the
decision in the notice-
(a) a notice giving a decision on a request to change or
cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override local
planning instrument)
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(b) a notice under section 6.1.442 giving a decision to (c) the decision to give a preliminary approval when a
change or cancel a condition of a development development permit was applied for;
approval. (d) the length of a period mentioned in section 3.5.21
(2) The appeal must be started within 20 business currency period;
days after the day the notice of the decision is (e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
(3) Also, a person who has made a request started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the period”) after the day the decision notice or negotiated
court against a deemed refusal of the request. decision notice is given to the applicant.
(4) An appeal under subsection (3) may be started at (3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the at any time after the last day a decision on the matter
matter should have been made. should have been made.
Appeals against decisions to change approval conditions The Registrar for the Building and Development
under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(a) the decision; or (1) This section applies to a person who has been
(b) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the (a) whether a charge in the notice is so unreasonable
decision or the conditions applied. that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the have imposed it; or
applicant. (b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
charges schedule or regulated State infrastructure
Division 3 – Appeals to tribunals relating to
charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval, including
any condition applying to the development, and the
identification of a code under section 3.1.6;3
2
Section 6.1.44 (Conditions may be changed or cancelled
by assessment manager or concurrence agency in certain
circumstances)
3
Section 3.1.6 (Preliminary approval may override local
planning instrument)
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