Council archive · source document
Negotiated Decision Notice - Advice Agency - DPI - 010.2006.00001395.001 [As Published] · 132006.1395
Officer: Kerri Coyle
Direct Telephone: (07) 5449 5223
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2006/1395
Your Reference: SO5-0103
16 May 2008
Department of Primary Industries & Fisheries
PO Box 5165
NAMBOUR QLD 4560
Dear Sir/Madam
Negotiated Decision Notice
Integrated Planning Act 1997
Your department was an advice agency for the above application and provided advice to Council in a
letter dated 12 December 2006.
Following representations made by the applicant, Council on 15 May 2008 agreed to issue a
Negotiated Decision Notice.
Details of the negotiated decision are as follows:
1 APPLICATION DETAILS
Application No: 2006/1395
Street address: 142 Noosa Drive, Noosa Heads
Real property Lot 3 SP 126203
description:
Planning Scheme: Superseded Planing Scheme (Schedule to the Planning Scheme &
Strategic Plan 1997)
2 DECISION DETAILS
Council on 24 January 2008 decided to issue the following type of approval:-
Preliminary Approval for Material Change of Use - Application to be assessed against the
Superseded Planning Scheme - Multiple Dwelling (10 Units)
In relation to representations, Council decided to issue a Development Permit and:
A. Agree to change Conditions 1, 2, 15, 16, 17, 27, 30, 34 & 66
B. Agree to delete Conditions 27.4.2, 27.4.3, 27.5, 27.5.1, 27.5.2, 63 & 64
C. Refuse to delete Condition 27.11 for the following reasons:
The site is part of a known koala habitat corridor and therefore in replanting it is appropriate to
incorporate some koala habitat trees.
D. Issue a Negotiated Decision Notice
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3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Permit is specified in Condition 34.
4 ASSESSMENT MANAGER CONDITIONS
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans. The approved plans are titled and numbered Proposed Site Plan – TP-01,
Site Plan with Contours – TP-02, Typical Duplex Plans – TP-04 & TP-05 and Proposed
Sections TP-03 (Project No. 2005-02) prepared by Foster Designs Pty Ltd and Architects and
dated 17/05/2006 and as may be amended by these conditions.
2. The applicant is required to lodge plans with Council prior to issue of a Development Permit
for Operational Works demonstrating compliance with the following requirements:-
2.1. The development shall not exceed a maximum building height of 2 storeys and 8 metres
above natural ground surface and finished ground level.
2.2. The roof form of the proposed buildings shall incorporate roof pitching, sunhoods and
eaves. The buildings rooves shall have a minimum pitch of 5 degrees, shall incorporate
eave overhangs a minimum 600mm wide and shall not include rooftop terrace areas.
2.3. Balconies shall not be enclosed, balustrades shall be constructed of open transparent
materials, a mix of materials shall be included in the external finishes including light
weight materials, and no colonnades are used.
2.4. The following building setbacks shall be provided:-
2.4.1. A minimum of 6m from the Noosa Drive road frontage boundary;
2.4.2. A minimum of 4 metres to the southwestern side boundary excluding the
carport associated with Unit 4 which shall be setback a minimum of 2.5
metres;
2.4.3. A minimum of 3 metres to northern side boundary;
2.4.4. A minimum of 6 metres to the western rear boundary for Unit 2;
2.4.4.1. A minimum of 10 metres for Unit 1; and
2.4.4.2. A minimum of 8 metres for Unit 3 as indicated on the approved plans.
3. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
4. The development footprint shall be setback a minimum of 30 metres from the level of Highest
Astronomical Tides in Weyba Creek.
5. Any advertising sign or device is to comply with Council's policies on advertising.
6. All hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural).
7. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of work confirming compliance with the maximum
allowable building height as required by either the conditions of approval or the Planning
Scheme.
8. Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like,
thus remaining as open structures.
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9. The proposed development shall have all kitchen, laundry and bathroom fittings that comply
with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water
Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and
Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating
System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.
Dishwashers and washing machines are excluded from this requirement.
10. The development shall contain a maximum of 10 x 3 bedroom units comprised of 7 buildings
generally in accordance with the approved plans.
11. The lengths of wall in one plane, irrespective of projections or setbacks, are to be no greater
than 16m.
12. External materials of the development shall consist of natural muted colours and tones to
further assist the built form of the development to integrate with the surrounding environment.
Open Space
13. The area of land located at the rear of the site and identified as Open Space – Waterway and
Conservation Protection by the Strategic Plan as shown on approved plan, Proposed Site Plan
– TP-01, shall be dedicated to the Crown (with Council as Trustee) for environmental
protection purposes pursuant to the Land Act. This area of land shall be dedicated to the
Crown prior to the sealing of the survey plan by Council.
14. Any security lighting associated with proposed Units 1 – 3 shall be orientated away from this
area of land to be dedicated to the Crown.
Burrowing Skink
15. Clearing of existing vegetation identified as Primary Habitat by Map 5 – Potential Skink Habitat
shall only be permitted within a maximum of 3 metres from the building footprint, as indicated
on the approved plans, of Units 1 – 3. Map 5 – Potential Skink Habitat accompanies the
Ecological Assessment Report and has been prepared by Biological and Environmental
Service and dated 19 may 2006.
16. The existing vegetation to be retained within the primary habitat areas identified in Map 5 –
Potential Skink Habitat to the rear of units 1 – 3 and adjacent the north western boundary to
the required park dedication shall be protected during construction and preparation of the site
for construction with a temporary wire and steel post fence. Map 5 – Potential Skink Habitat
accompanies the Ecological Assessment Report and has been prepared by Biological and
Environmental Service and dated 19 may 2006.
Acoustic Requirements
17. An acoustic buffer shall be provided on site adjacent to Noosa Drive extending the full length
of the eastern property boundary. This buffer shall comprise a 2 metre high acoustic fence
along the eastern property boundary and consist of the following requirements:-
17.1. The acoustic buffer shall be constructed in a koala friendly manner as outlined in Policy
1 - Nature Conservation (Koala) Conservation Plan 2006 and Management Program
2006-2016; and
17.2. The acoustic buffer shall be setback a minimum of 2 metres from the eastern property
boundary adjacent to Noosa Drive excluding the area of land where the eastern
property boundary coincides with the approved reciprocal easement located at the
northern extent of the eastern property boundary. The acoustic barrier at this location
shall be provided along the boundary of the property and the western boundary of the
registered easement.
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18. A noise assessment report prepared by an independent acoustic engineer shall be submitted
to Council after construction of the acoustic buffer to Noosa Drive. The report is to indicate
whether the buffer achieves the acoustic requirements of this development approval for single
storey dwelling houses and advise of any other remedial actions that may need to be
implemented. The developer shall implement all identified remedial actions to the reasonable
satisfaction of the Manager Land Use.
19. Screening species shall be provided to the area of land between the acoustic buffer and the
access driveway to the site where the acoustic buffer is located along the property boundary
and the boundary of the easement to create a visual buffer between the acoustic buffer and
Noosa Drive.
20. The first floor of units 4 – 10 shall be acoustically designed to ensure road noise does not
exceed 63dB(A)L10(18hours) based on predicted traffic volumes ten years hence. An acoustic
report prepared by a suitably qualified consultant shall be lodged with an application for
Building Works identifying suitable noise mitigation measures for these units. All
recommended mitigation measures for the subject units shall be installed prior to occupation.
Koala Management
21. All clearing of native vegetation on-site shall be in accordance with Section 16 of the Nature
Conservation (Koala) Conservation Plan 2006 requiring that a koala spotter be present on site
to protect koalas from death or injury and allow for their safe movement away from areas of
the site subject to clearing. Koala habitat trees include species of Angophora, Corymbia,
Eucalyptus, Lophostemon and Melaleuca.
22. All clearing of native vegetation shall be in accordance with Section 15 of the Nature
Conservation (Koala) Conservation Plan 2006 requiring that clearing be undertaken in a way
that complies with the sequential clearing conditions as specified in the relevant Section. The
requirement shall ensure that koalas living in or near the clearing site have enough time to
move out of the area without human intervention.
23. No koalas shall be permitted to be captured or translocated from the site. A tree in which a
koala is present, and any tree overlapping that tree, shall be left until the koala has moved
from the tree of its own volition.
Fauna
24. An experienced wildlife spotter shall be on site at all times during the clearing of any
vegetation to ensure the survival of faunal species utilising the site as habitat.
Landscape Plans
25. A Development Permit for Operational Works for landscaping shall be obtained prior to the
commencement of any landscaping works. All detailed landscape plans for the development
shall comply with the requirements of the landscaping conditions herein. To this extent the
landscaping plans shall be prepared by a qualified Landscape Architect or qualified
horticulturist.
26. Landscaped areas shall be integrated floristically and structurally with the surrounding native
vegetation. To be consistent with an ecologically sustainable design philosophy, all species
located in landscape areas within the developed portion of the site shall be consistent with
Council’s Landscaping Guidelines – Planning Scheme Policy PSP3.
27. A Landscape Plan shall be prepared for all of the required building setback areas, including
the buffer area at the frontage of the site adjacent to Noosa Drive. Where other permits for
Operational Works for roads, drainage or access are required, the landscaping layout shall be
based on approved drawings for those operational works. The detailed landscaping plans are
to address:-
27.1. Street tree planting to allow good shade canopy once fully mature to Noosa Drive;
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27.2. Road & service locations;
27.3. The retention of existing native vegetation within the following areas:-
27.3.1. The 2 metre buffer adjacent to Noosa Drive and the required side property
setbacks of Units 4 - 10 located to the east of the proposed internal driveway
and access and measures employed to ensure this vegetation retention;
27.3.2. Around the perimeter of the development footprint of Units 4 – 10; and
27.3.3. The required building setbacks and the areas identified as Primary Habitat on
Map 5 – Potential Skink Habitat (excluding the building envelopes of Units 1 –
3 including a maximum of 2 metres beyond the building footprints of these
units as indicated on the approved plans). Map 5 – Potential Skink Habitat
accompanies the Ecological Assessment Report and has been prepared by
Biological and Environmental Service and dated 19 may 2006.
27.4. Landscaping treatments including dense vegetation to the following:-
27.4.1. The 2 metre vegetated buffer adjacent to Noosa Drive;
27.4.2. Deleted;
27.4.3. Deleted
27.4.4. East of the acoustic buffer located on boundary of the property and the
registered easement for the site.
27.5. Deleted.
27.5.1. Deleted.
27.5.2. Deleted.
27.6. All the works and items that the Developer shall undertake or provide to establish and
secure the rear conservation area prior to dedication.
27.7. Tree protection during construction with particular emphasis on the vegetation to be
retained on the site included but not limited to the following;-
27.7.1. The existing native vegetation to be retained within the required building
setbacks of Units 1, 2 and 3 and within the area identified as Primary Habitat
on Map 5 – Potential Skink Habitat. Map 5 – Potential Skink Habitat
accompanies the Ecological Assessment Report and has been prepared by
Biological and Environmental Service and dated 19 may 2006;
27.7.2. Vegetation being retained around the perimeter of the development footprint
of Units 4 – 10;
27.7.3. The area of the land to be dedicated to the Crown located at the rear of the
site and designated Open Space Conservation and Waterway Protection
under the Strategic Plan;
27.7.4. The area of land contained within the required 2 metre building setback at the
frontage of the site adjacent to Noosa Drive.
27.8. Site preparation;
27.9. Fences to neighbouring properties;
27.10.Stabilisation of the areas under the suspended slabs with a suitable substrate that
emulates the production of leaf litter to provide habitat for the Burrowing Skink.
27.11.Habitat enhancement for native fauna, specifically the inclusion and replanting of Koala
Habitat Species;
27.12.Removal of undesirable species and environmental weed removal and control;
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27.13.Planting schedules;
27.14.Planting out procedures and horticultural requirements;
27.15.Mulching and fertilising procedures;
27.16.Irrigation and watering procedures;
27.17.Erosion and sediment control;
27.18.On-going maintenance;
27.19.Construction materials and details;
27.20.Environmental safeguards.
Such landscaping is to be completed in accordance with the approved landscaping plan prior
to acceptance of the development On Maintenance.
28. All underground services, drainage, footpaths, bike paths, roads and other site works shall be
located to minimize adverse impacts on retained vegetation, particularly their root systems.
29. Existing trees on the site and within road reserves are to be retained, except where required to
be removed due to building operations or the conduct of the approved use. These landscape
plans required to be submitted are to denote areas of existing vegetation or existing trees
proposed or required to be retained.
Vegetation Management
30. A vegetation survey shall be submitted to the satisfaction of the Manager Land Use identifying
vegetation to be retained on site. This shall include at a minimum vegetation within the
required 2 metre acoustic fence to Noosa Drive, vegetation required to be retained for the
skink habitat as identified by condition 27 and some groupings of healthy trees in amongst the
development.
Vegetation Removal and Disposal
31. Vegetation removal, tree felling and lopping shall be undertaken in an environmentally
sensitive manner to avoid damaging surrounding vegetation, trees and habitat:-
31.1. All cleared vegetation shall be suitably processed or removed from the site by a method
approved by Council;
31.2. Reproductive components of environmental weed species cleared from the site shall not
be mulched, with the material to be removed from the site and disposed of in a Council
approved refuse tip;
31.3. Burning off is not considered an acceptable means of disposal and is not to take place;
31.4. During construction, the boundaries of areas of retained and protected vegetation within
the development area shall be clearly marked for the purpose of preventing access into
these areas thereby protecting the vegetation and habitat values;
31.5. All mulch produced on site by mulching cleared vegetation and trees shall specifically
exclude reproductive material (particularly seeds) from environmental weed species (eg.
Camphor laurel, lantana, asparagus and umbrella trees).
32. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for operational works. The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit.
33. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
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34. The Development Permit lapses if the use has not happened by 24 January 2010, unless an
application to extend the currency is approved by Council.
35. The developer must obtain all of the other Development Permits referred to in the Decision
Notice, prior to obtaining a Development Permit for Building Works.
Building Services
36. The wall of the garage setback 300mm from the southern side boundary is to be maintenance
free as per Clause A6 of the Queensland Development Code (QDC) Part 12.
37. The combined height of the retaining walls and boundary fences must not exceed 2.0 metres
above natural ground.
Land Development
River Flooding
38. All habitable rooms proposed on site shall be constructed to comply with Council’s Minimum
Floor Height requirements as defined in Council’s Planning Scheme and on Council’s Scheme
Maps at the time of issue of the Building Permit. In this regard a Minimum Floor Height of RL
2.8 (AHD) is required for all habitable rooms. These levels however are subject to change and
verification shall be made to Council’s Land Development Section prior to obtaining a
Development Permit for Building Works.
Vehicle Access
39. The access driveway to serve Lot 3 on SP 126203 shall be constructed over reciprocal access
easements ASP126203 and BSP126203 generally in accordance with Fig 2.1 by Callaghan
and Toth dated 13th June 2007 and Plan no. 990605 by Ken Hicks and Associates dated
12/10/99 except where modified to facilitate the turning of garbage service vehicles.
40. The access driveway to serve Lot 3 on SP 126203 shall be designed and constructed so as to
allow a garbage service vehicle defined in “PSP9 Waste Management” as a AUSTROADS:
design single unit truck/bus (12.5m) to enter and leave the site in a forward direction.
41. The driveway shall be designed and constructed to Council’s design standards and to grades
that prevent vehicles from scraping and/or bottoming. Should any driveways be constructed to
grades that do not comply with AS2890.1-2004 and AS2890.2-1989, Council will require that
the driveway be removed and reconstructed to levels that do comply.
42. All vehicles shall enter and leave the site in a forward direction.
Carparking
43. Carparking shall be provided within as shown on drawing number TP-01 dated 17/05/06 by
Foster Designs Pty Ltd Architects.
44. A minimum of 4 uncovered carpark spaces and 20 covered carpark spaces shall be provided
on site.
45. The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for
user class A1 with allowance for vehicles to enter and leave the site in a forward gear and with
a minimum head clearance (headroom) at any point of 2.2m.
46. All carparking shall be kept, maintained and line-marked in a condition fit for use.
Frontage Works
47. Footpath improvements such as topsoiling, grassing, and tree planting are required to the
Noosa Drive frontage of the site in accordance with Planning Scheme Policy PSP1
Landscaping Guidelines. Grass shall be couch and free of weeds.
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Stormwater Drainage
48. Stormwater drainage shall be constructed generally in accordance with the report entitled
“Stormwater Quality Management and Assessment Report” June 2007 by Callaghan and Toth.
49. Final plans of the drainage design shall be prepared by a Registered Professional Civil
Engineer and submitted to Council prior to obtaining a Development Permit for Operational
Works.
50. All stormwater drainage shall be collected on site and discharged so there is no net increase
in stormwater runoff from the site.
51. Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank
(minimum storage 3000 litres per dwelling/unit ) that is installed to ensure water from the tank
can be used for external uses (such as watering gardens, irrigation, ornamental ponds, water
features, topping-up swimming pools, outdoor cleaning, etc) and for use in flushing of toilets
internal to the dwelling/building. All rainwater tanks are to be designed and installed in
accordance with the Queensland Development Code (QDC), Part 25 – Rainwater Tanks, and
shall be part of the plumbing application in conjunction with the building approval. The
location and capacity of the tanks shall be clearly shown on the plans submitted for Building
Works approval.
52. To ensure that polluted run-off does not enter Council’s stormwater drainage system,
stormwater run-off from the carparking areas and the driveways shall have the first flush (the
first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor provided on site prior to
being permitted to discharge into Council’s drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged
through a single underground drain line directly into the existing drainage system, bypassing
the grease/oil arrestor.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
arrestors, which shall be submitted to the Council for approval prior to obtaining a
Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the Community Management
Scheme for the development and a copy of this shall be provided for Council’s records prior to
commencement of the approved Use.
A Development Permit for Building Works shall not be granted until a Development Permit for
Operational Works has been issued in regard to the drainage scheme.
53. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
54. The site shall be connected to the Noosa Sanctuary Development sewer reticulation system
and be constructed in accordance with Council’s standards and requirements at no cost to
Council.
55. All sewage shall drainage by means of gravity to the sewage pump station located on lot 2
SP110327 as per the Deed made on 22 December 1999 between Noosa Council, Aqua Blue
(Noosa) Pty Ltd and the applicant, Johanna Jacoba Thannhauser.
56. Should the drainage via gravity not be possible a new arrangement will need to be negotiated
with Noosa Council
57. The sewer system is to be kept and maintained in a condition suitable for use and shall not
cause adverse impacts on the environment.
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Town Water Supply
58. Connection to Council’s water supply shall be generally in accordance with Plan H-SP-02
drawn by Brian Burnett & Associates dated 2007.02.12 for Aqua Blue Noosa Sanctuary
Development.
59. The site shall be connected to Council’s town water supply and be constructed in accordance
with Council’s standards and requirements at no cost to Council.
60. Each individual water connection to the water reticulation system shall extend to the property
boundary and be metered. All fees for the supply of water meters shall be paid to the Council.
61. All water meters must be located in an easily assessable location to facilitate unhindered
reading by Council and/or Council’s contracted water meter readers, and not behind fences or
locked gates.
62. For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development
shall be served by:
62.1. A single Body Corporate water meter to measure the total water consumption (including
fire hose reels, but excluding fire hydrants and fire sprinkler systems), and
62.2. Individual water meters to each tenement capable of being separately rated, and
62.3. A fire service (fully testable single detector check with metered bypass), where
applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose
reels).
Acid Sulfate Soils
63. Deleted.
64. Deleted.
Erosion and Sediment Control
65. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to
be submitted to the Council for approval prior to obtaining a Development Permit for
Operational Works.
Contributions Towards Council Infrastructure
66. Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or
upgrading various infrastructure at the rates applicable at the time of payment. An estimate
only of the contribution amounts under the current Council policies and requirements is
outlined in the table below:
Contribution Required For: Amount:
PSP16 – Sewerage Headworks Contributions $25,204
PSP17 – Water Supply Headworks Contributions $36,670
PSP20 – Pathway Trunk Network Contributions $6,685
TOTAL Contribution Amount = $68,559
Please note, that these amounts are all subject to variations in the Consumer Price Index, All
Groups Brisbane from June 2007 until the date of payment.
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All contributions must be paid prior to the issue of a Development Permit for Operational
Works
General
67. Any damage caused to any public utility during the course of construction shall be repaired to
Council’s standards and at no cost to Council.
68. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
69. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to or
from the site shall be covered to prevent materials including dust being windblown from the
vehicle.
Environmental Health
70. The developer must provide waste storage and disposal facilities in accordance with Planning
Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial
Premises”, including an external imperviously paved area correctly sized for all refuse and
recycling containers and suitably screened from public places and neighbouring properties. A
bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via
a bucket trap. The drain outlet is to be designed to prevent storm water entry to the sewerage
system and this can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide
(max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by
Council.
71. A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9
“Waste Management Multi-Dwellings and Commercial and Industrial Premises”, must be
submitted for the day-to-day operation of the development and approved by Council’s Health
Section prior to issue of development permit for operational works.
It is critical that waste areas are properly planned. A copy of Planning Scheme Policy No. 9
explaining exactly how to predict waste quantities and design waste areas is available from
Council and the web. The Plan shall include the following information: -
The types of waste that will be generated from the activities approved within the
development.
Estimated volumes or tonnage of both recyclables and waste generated.
Methods to be used for dealing with garden waste.
Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.
Description of procedures for getting all waste to the bins; the storage of bins and the
collection of bins by the contractor.
A description of the design details of waste storage and recycling areas including size,
location, elevation and floor plan, methods of bin washing and system to prevent storm
water getting into sewer via the bin wash.
A description of types and volume of waste storage containers to be used.
The waste and recycling storage area shall include the provision of containers for all
waste and recycling materials including putresable matter, non-recycling waste, paper/
cardboard, glass, aluminum/steel cans, waste oil, styrofoam boxes, etc, and bin
washing facilities connected to sewer.
A detailed description of vehicular access to collect waste. Where collection is off
street, access must allow vehicles to enter and leave the site in a forward direction.
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72. A Waste Management Plan (construction and demolition) shall be submitted prior to
demolition, removal or relocation of any building other than a shed.
A Waste Management Plan (construction and demolition) is also required for construction of
15 or more dwelling units or for any business use of greater than 500m².
Waste Management Plans (construction and demolition) are required to be submitted in
accordance with Planning Scheme Policy 11, Waste Management Plans see table below.
Waste storage areas are to provide for adequate separation of all reusable, recyclable and
waste materials. These shall be located so that they are convenient and safe to use. (Refer to
Noosa Council Waste Management Code).
The Plan shall contain the following information:
The site area for the storage and separation of waste is to be shown on the plan
drawings accompanying the application.
A waste management table as indicated below is to be completed showing how waste
material is to be segregated - recycled – reused or disposed.
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify
materials volume *specify proposed *specify contractor and
(m³) re-use or on-site contractor and landfill site or
recycling recycling outlet other disposal
methods site
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Asbestos
Other - please
specify
Note * If a demolition contractor is undertaking works, then the Waste Management table is to
be completed by the demolition contractor.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the
effective reuse and recycling of such materials. Additionally Council rewards those who
segregate waste by significantly reducing disposal fees at the landfill some items are free.
Higher gate fees are charged for loads of mixed waste.
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73. Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool
pumps etc) shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in
accordance with Council’s Local Law No. 12 - Control of Nuisances. Infringement Notices (on-
the-spot fines) may apply for offences.
A person must not use equipment on any day if it makes or causes noise to be made –
From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level
No audible noise for pool pumps apply during these hours.
From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
74. Submission of written certification from a suitably qualified person confirming that the noise
levels from all mechanical equipment comply with the cause above when measured at either
the residential boundary or outside the most exposed part of an affected building, whichever is
the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment
and prior to any occupation of the building, and in a format approved by Council. This
assessment must take into account noise from any other fixed equipment on the property e.g.
swimming pool pump, heating/cooling equipment, etc that may increase the overall noise level
emitted.
Advice: It is highly recommended that the person you engage to certify the installation is
involved at the plan development stage so they can recommend where this equipment is best
located. They can also advise about noise enclosures and can make other suggestions to
avoid noise problems. It is a lot more costly to try and deal with noise problems after
everything is built.
75. Noise from building works associated with residential development shall comply with the
following –
75.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
75.2. All reasonable measures are taken to minimise noise emissions.
75.3. Not permitted on Sunday or public holidays.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Site adjoins a declared fish Advice Dept of Primary PO Box 5165
habitat area Industries & NAMBOUR QLD 4560
Fisheries
A copy of any referral agency conditions is attached.
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6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the development
assessment conditions.
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
Multiple housing – 10 x 3 bedroom
Detached House NIL (1 x Vacant Lot)
Type 4 Conventional units
2. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the estimated amount of $18,997 and is subject to variations in the
Consumer Price Index, All Groups Brisbane from June 2007 until the date of payment. An
Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
Planning Act 1997.
3. The applicant is informed that payment via credit card transaction will not be an acceptable
method of payment for development contributions conditioned in this permit or for
infrastructure charge notices issued separately.
4. The applicant is advised that a Compliance Permit for all plumbing and drainage works within
the boundaries of the development site shall be obtained from Council’s Plumbing Services
Section prior to obtaining a Development Permit for Building Works.
5. Compliance with the Nature Conservation Act 1992 with regard to the clearing of native
vegetation that provides habitat for rare, endangered or threatened fauna.
6. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if
the cost of operational works exceeds $80,000, then a portable long service leave levy is
required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
the approved form issued by the Building and Construction Industry (Portable Long Service
Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
declaration outlining the cost of the operational works must be submitted to Council with the
lodgement of any application for operational works over the site.
7. The development should be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any
other emissions in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
8. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint,
cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed
where it could reasonably be expected to move into a roadside gutter, storm water drain or a
watercourse. On the spot fines apply for such offences.
9. Prior to the commencement of the development, a plumbing assessment must be obtained
from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage
Act 2002 (as applicable).
13 of 19
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10. No assessment has been carried out in regard to exits, the fire services, fire separation, fire
resistance levels. The building certifier will assess these aspects as part of the building
application.
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 Subject of the required Development Permit
required
Development Permit for Building All Building Works
Works
Development Permit for Operational Landscaping, Carparking & Access, Sive Civil Works,
Works Frontage Works, Stormwater Drainage, Sewer Reticulation
(including new mains, relocations, diversions, pump stations
& rising mains), Water Reticulation & Filling of Site
Development Permit for Material Multiple Dwellings (10 Units)
Change of Use
Development Permit for Creation of the park to be dedicated to the crown (with
Reconfiguring a Lot Council as trustee) prior to issue of development for MCU –
Multiple Dwelling (10 Units)
11 SELF ASSESSABLE CODES
Nil
12 SUBMISSIONS
There were no properly made submissions about the application.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
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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.
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.
DECISION NOTICE HISTORY
Original Decision Notice issued 24 January
2008.
Negotiated Decision Notice issued 15 May
2008 with amendment to Conditions 1, 2, 15,
16, 17, 27, 30, 34 & 66, deletion of Conditions
27.4.2, 27.4.3, 27.5, 27.5.1, 27.5.2, 63 & 64
but refuse to delete Condition 27.11.
Yours faithfully,
Shane Adamson
MANAGER - LAND USE
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Referral Agency Conditions – Department
of Primary Industries & Fisheries
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
16 of 19
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17 of 19
[OCR of page images]
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stormwater management, water quality and ASS issues. DPI&F recognises the
responsibilities and expertise of these Agencies in these regards.
DPI&F provides third party advice, as part of its delivery of the objectives of the
Fisheries Act 1994. This third party advice aims to minimise ihe impacts of
development on:
* marine plant communities;
declared Fish Habitat Areas;
tidal and freshwater wetland and waterways,
fish movement; and
the lifecycle and food chain of fish.
the community value of local, regional and state fisheries.
Thank you for the opportunity to provide advice on this matter.
Yours sincerely
pe flo
Habitat Manager (South)
Fisheries and Aquaculture Industry Development
17 of 19
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (5) If an application is processed under section
Planning Act (Chapter 4). 6.1.28(2), appeal rights for submitters for the
application are available only for the aspects of the
Division 8 - Appeals to court relating to development that would have required public
development applications notification under the repealed Act.
Appeals by applicants (6) If an application involves assessment against a
4.1.27.(1) An applicant for a development application concurrence agency code, appeal rights for
may appeal to the court against any of the following- submitters for the application are not available against
(a) the refusal, or the refusal in part, of a development the part of the approval that represents the
application; concurrence agency’s response for the code.
(b) a matter stated in a development approval, Appeals by advice agency submitters
including any condition applying to the 4.1.29.(1) An advice agency may, within the limits of
development, and the identification of a code its jurisdiction, appeal to the court about the giving of
1
under section 3.1.6; a development approval for a development
(c) the decision to give a preliminary approval when a application if-
development permit was applied for; (a) the development application involves impact
(d) the length of a currency period; assessment; and
(e) a deemed refusal. (b) the advice agency told the applicant and the
assessment manager to treat its response to the
(2) An appeal under subsection (1)(a) to (d) must application as a submission for an appeal.
be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or (2) The appeal must be started within 20 business
negotiated decision notice is given to the applicant. days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(3) An appeal under subsection (1)(e) may be submitter.
started at any time after the last day a decision on the
matter should have been made. Appeals for matters arising after approval given
(co-respondents)
Appeals by submitters
4.1.30.(1) For a development approval given for a
4.1.28.(1) A submitter for a development application development application, a person to whom any of the
may appeal to the court about- following notices have been given may appeal to the
(a) the giving of a development approval, including court against the decision in the notice-
any conditions (or lack of conditions) or other (a) a notice giving a decision on a request for
provisions of the approval; or extension of the currency period for an approval;
(b) the length of a currency period for the approval. (b) a notice giving a decision on a request to make a
(2) The appeal must be started within 20 business minor change to an approval.
days (the “submitters appeal period”) after the day (2) The appeal must be started within 20 business
the decision notice or negotiated decision notice is days after the day the notice of the decision is given
given to the submitter. to the person.
(3) If a person withdraws a submission before the (3) Subsection (1)(a) does not apply if the
application is decided, the person may not appeal the approval resulted from a development application
decision. (superseded planning scheme) that was assessed as
(4) If an application involves both impact if it were an application under a superseded planning
assessment and code assessment, appeal rights for scheme.
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.
(5) An appeal under subsection (4) may be started
1
Section 3.1.6 (Preliminary approval may override local at any time after the last day the decision on the
planning instrument) matter should have been made.
18 of 19
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Division 9 - Appeals to court about other matters (b) a matter stated in a development approval,
Appeals for matters arising after approval given including any condition applying to the
(no co-respondents) development, and the identification of a code
3
under section 3.1.6;
4.1.31.(1) A person to whom any of the following
notices have been given may appeal to the court (c) the decision to give a preliminary approval when a
against the decision in the notice- development permit was applied for;
(a) a notice giving a decision on a request to change (d) the length of a period mentioned in section 3.5.21
or cancel a condition of a development approval. currency period;
2
(b) a notice under section 6.1.44 giving a decision to (e) a deemed refusal.
change or cancel a condition of a development (2) An appeal under subsection (1)(a) to (d) must
approval. be started within 20 business days (the “applicant’s
(2) The appeal must be started within 20 business appeal period”) after the day the decision notice or
days after the day the notice of the decision is negotiated decision notice is given to the applicant.
given to the person. (3) An appeal under subsection (1)(e) may be
(3) Also, a person who has made a request started at any time after the last day a decision on the
mentioned in subsection (1)(a) may appeal to matter should have been made.
the court against a deemed refusal of the The Registrar for the Building and Development
request. Tribunal may be contacted at the website
(4) An appeal under subsection (3) may be started http://www.localgovernment.qld.gov.au/
at any time after the last day the decision on
the matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises or
the erection of a building or other structure permitted
by the planning scheme may appeal to the court
against the decision or the conditions applied.
(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
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;
2
Section 6.1.44 (Conditions may be changed or cancelled 3
by assessment manager or concurrence agency in certain Section 3.1.6 (Preliminary approval may override local
circumstances) planning instrument)
19 of 19
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