Decision Notice - 010.2008.00000413.001 [As Published] · 132008.413

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      0801- SK 04                  Sections & Perspectives - Design 42          Jan 2008
                                   Pty Ltd
      and as may be amended by these conditions and annotations on the plans.
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.    A rainwater storage tank with a minimum capacity of 5000 litres shall be provided on site to
      service the detached house. The tank is to be installed to ensure water from the tank can be
      used both:
      3.1.    For external use such as watering gardens, irrigation, ornamental ponds or water
              features, topping up swimming pools, outdoor cleaning; and
      3.2.    For use in flushing of toilets internal to the building.
4.    All hot water systems installed shall be either solar systems; electric heat pump systems; or
      gas systems (LPG or natural).
5.    The building height shall not exceed 8.0 metres above natural ground level.
6.    A verification survey of the building is to be carried out by a Licensed Surveyor and a
      certificate lodged with Council at completion of work confirming compliance with the
      maximum allowable building height as required by either the conditions of approval or the
      Planning Scheme.
7.    Landscaping, comprising a mix of native coastal species shall be provided for a width of 5m
      from the rear boundary of the site to provide adequate landscape buffering to protect the
      coastal dunal system.
8.    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. In this regard, the
      removal of vegetation shall not extend beyond 3 metres of the building footprint of the
      Detached House.
9.    All other vegetation shall be protected from interference resulting from clearing or construction
      activities by:
      9.1.    Clearly marking vegetation to be retained with flagging tape;
      9.2.    Installing protective fencing around the drip line of the vegetation;
      9.3.    Stockpiling, storage and vehicle parking occurs in already cleared areas and does not
              cause interference with vegetation; and
      9.4.    Low impact construction techniques are used around vegetation to minimise
              interference with the vegetation.
10.   Cleared vegetation is to be suitably processed by one of the following methods and removed
      from the site:-
      10.1.   Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
              loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a
              minimum of 10 metres between edges of heaps.
      10.2.   Disposal for firewood.
      10.3.   Disposal for landscaping purposes.
      10.4.   Transport to alternative site for breaking down materials provided that all necessary
              permits have been obtained to allow the alternate site to be used for this purpose.
      10.5.   The Applicant is advised that other methods may be considered provided full details of
              the method are submitted.
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      10.6.    The applicant is advised that burning off is an unacceptable method of disposal.
11.   Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) are
      not constructed under overhead electricity transmission lines, or within any easements.
12.   Gates must not be installed along the rear property boundary.
Demolition or Relocation of Existing Dwelling
13.   Infrastructure including reticulated water, sewerage, stormwater, and electricity are to be
      protected from damage and made safe to the standard required by the regulatory authority;
14.   All infrastructure must be disconnected, capped or sealed including:-
              electricity meters removed and electrical wires disconnected; and

              telephone lines are disconnected; and

              high speed data cables and television provider boxes are disconnected and removed to
              the standard required by the regulatory authority;

15.   All building materials containing asbestos, including asbestos cement sheeting or roofing and
      lagging, must be removed from the building and disposed of in accordance with industry best
      practice.
16.   Waste generated during construction must be stockpiled in a centralised location and covered
      as required to prevent material being blown onto adjoining properties including the road
      reserve or food waste from generating vermin. All site waste must be disposed of to an
      approved waste disposal facility either directly or via an approved waste receptacle and
      collection service. Storage areas are to be located near the temporary access to the site so
      that access can be gained with out damage to infrastructure.
17.   All building materials containing asbestos products must be disposed on in accordance with
      industry best practice.
18.   A temporary crossing must be provided to protect road reserve infrastructure including kerb
      and channel;
19.   Any damage to footpaths, street plantings, kerb and channel or roadways at the removal site,
      the relocation site or between the sites must be repaired or reinstated to at least pre-existing
      conditions.
20.   Sediment and erosion control measures must be placed on site prior to the works
      commencing and shall be maintained until all works are complete. The erosion and sediment
      control measures shall be in accordance with the “Best practice guidelines for control of
      stormwater on building sites” prepared by Healthy Waterways (copy attached or available at
      www.healthywaterways.org).
21.   All disturbed areas must be revegetated or otherwise stabilised at the completion of the works.
      Disturbed areas are revegetated using species identified in PSP3 – Landscaping Plants and
      Guidelines.
22.   The transportation of all materials to and from the site must be undertaken in a manner such
      that no particle matter escapes onto a public road. All vehicles carrying out materials either to
      or from the site shall be covered to prevent materials including dust being windblown from the
      vehicle.
23.   A Waste Management Plan shall be submitted for the demolition to the Land Use Section of
      Noosa Council, prior to the development permit for building works being issued. The Plan shall
      contain the following information:-



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       MATERIALS ON-SITE                        DESTINATION
                                                Re-use and Recycling      Disposal
       Expected waste     Estimated   volume    On-site *specify Off-site             *Specify
       materials          (m³)                  proposed reuse or *specify            contractor      &
                                                onsite  recycling contractor     &    landfill site
                                                methods            recycling outlet
       Excavation
       material
       Green waste
       Bricks
       Concrete
       Timber         –
       please specify
       Plasterboard
       Metals – please
       specify
       Asbestos
       Other – please
       specify

       NOTE: Details of site area to be used for onsite separation, treatment and storage (including
       weather protection) shall be provided on the plan drawings accompanying your application.

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
 0801- SK 01                       Ground Floor Plan - Design 42 Pty Ltd       Jan 2008
 0801- SK 02                       First Floor Plan - Design 42 Pty Ltd        Jan 2008
 0801- SK 03                       Elevations - Design 42 Pty Ltd              Jan 2008
 0801- SK 04                       Sections & Perspectives - Design 42         Jan 2008
                                   Pty Ltd

7      ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.     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:-
       1.1.    On a Sunday or public holiday, at any time; or
       1.2.    On a Saturday or a business day, before 7.00am or after 6.30pm.

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      A maximum penalty of $1,500 applies to an offence under this legislation.
2.    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.
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

There were no properly made submissions about the application.
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).

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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.

Yours faithfully,




Duncan Thompson
ASSISTANT PLANNING OFFICER




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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                       4.1.29.(1) An advice agency may, within the limits of
may appeal to the court against any of the following-                       its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development                   development approval for a development application
      application;                                                          if-
(b) a matter stated in a development approval,                              (a) the development application involves impact
      including any condition applying to the                                   assessment; and
      development, and the identification of a code                         (b) the advice agency told the applicant and the
      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                        Appeals for matters arising after approval given
appeal period”) after the day the decision notice or                        (co-respondents)
negotiated 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                            development application, a person to whom any of the
started at any time after the last day a decision on the                    following notices have been given may appeal to the
matter should have been made.                                               court against the decision in the notice-
Appeals by submitters                                                       (a) a notice giving a decision on a request for
                                                                                extension of the currency period for an approval;
4.1.28.(1) A submitter for a development application
may appeal to the court about-                                              (b) a notice giving a decision on a request to make a
                                                                                minor change to an approval.
(a) the giving of a development approval, including
      any conditions (or lack of conditions) or other                           (2) The appeal must be started within 20 business
      provisions of the approval; or                                                days after the day the notice of the decision is
                                                                                    given to the person.
(b) the length of a currency period for the approval.
                                                                                (3) Subsection (1)(a) does not apply if the
    (2) The appeal must be started within 20 business                               approval resulted from a development
days (the “submitters appeal period”) after the day                                 application (superseded planning scheme) that
the decision notice or negotiated decision notice is                                was assessed as if it were an application
given to the submitter.                                                             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
decision.                                                                           court against a deemed refusal of the request.
   (4) If an application involves both impact
                                                                                (5) An appeal under subsection (4) may be started
assessment and code assessment, appeal rights for
                                                                                   at any time after the last day the decision on
submitters are available only for the part of the
                                                                                   the matter should have been made.
application involving impact assessment.
                                                                            Division 9 - Appeals to court about other matters
    (5) If an application is processed under section
6.1.28(2), appeal rights for submitters for the                             Appeals for matters arising after approval given
application are available only for the aspects of the                       (no co-respondents)
development that would have required public                                 4.1.31.(1) A person to whom any of the following
notification under the repealed Act.                                        notices have been given may appeal to the court
                                                                            against the decision in the notice-
1
    Section 3.1.6 (Preliminary approval may override local planning         (a) a notice giving a decision on a request to change
    instrument)                                                                 or cancel a condition of a development approval.
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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
      (3) Also, a person who has made a request                             be started within 20 business days (the “applicant’s
           mentioned in subsection (1)(a) may appeal to                     appeal period”) after the day the decision notice or
           the court against a deemed refusal of the                        negotiated decision notice is given to the applicant.
           request.
                                                                                (3) An appeal under subsection (1)(e) may be
      (4) An appeal under subsection (3) may be started                     started at any time after the last day a decision on the
        at any time after the last day the decision on                      matter should have been made.
        the matter should have been made.
                                                                            The Registrar for the Building and Development
Appeals against decisions to change approval                                Tribunal may be contacted at the website
conditions under the repealed Act                                           http://www.localgovernment.qld.gov.au/
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises or
the erection of a building or other structure permitted
by the planning scheme may appeal to the court
against the decision or the conditions applied.
    (2) The appeal must be started within 20 business
days after the day notice of the decision is given to the
applicant.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to
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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