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_As Published -Change to Existing Approval & Extension to Relevant Period - 152006 862 02 - 1030538 · 152006.862.02

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                                                          Officer:            Denis Wallace
                                                          Direct Telephone:   53296239
                                                          Our Reference:      152006.862.02 (06/0862):
                                                          Your Reference:     0510L62NG
               29 August 2014



               Mr J Franz
               C/- Martoo Consulting Pty Ltd
               PO Box 1684
               NOOSA HEADS QLD 4567


               Dear Madam

                    Change to Existing Approval & Extension to Relevant Period
                                               Sustainable Planning Act 2009
               I refer to your request dated 30 April 2014 to make a permissible change to an existing
               approval and to extend the relevant period for an existing approval granted on 22 March 2010.
               On 28 August 2014, Council decided your requested changes.
               Details of the decision are as follows:
               1      APPLICATION DETAILS

               Application No:                  152006.862.02 (06/0862)
               Street Address:                  16 Riverpark Drive, Ringtail Creek Qld 4565
               Real Property Description:       Lot 26 SP 104706
               Planning Scheme:                 The Noosa Plan (16 September 2013)
               2      DECISION DETAILS

               Council on 22 March 2010 decided to issue the following type of approval:
                     Development Permit to Reconfigure a Lot – 1 Lot into 2 Lots.
               In relation to representations made, Council on 12 May 2010 decided to:
               A.     Refuse to change/delete conditions 11, 13 & 17
               B.     Amend Condition 2 to read as follows:
                      2.     Pursuant to Section 3.5.21(2)(b) of the Integrated Planning Act 1997, the relevant
                             period is four (4) years from the day this permit takes effect and ends on 12 May
                             2014 during which time all conditions must have been complied with, operational
                             works completed, and the Plan of Survey lodged with the Council for endorsement,
                             unless an application to extend the relevant period is approved by Council.
               C.     Advise the applicant of Council’s decision.
               D.     Issue a Negotiated Decision Notice
               In relation to the request to make a change to the existing approval, Council on 28 August
               2014 decided to:
               A.     Delete Conditions 11 and 13.



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               B.     Amend Conditions 10 & 29 to read as follows:
                      10.     Prior to endorsement of the plan of survey by Council, a metes and bounds plan
                              shall be submitted to Council indicating the house site and effluent disposal area/s
                              on Lot 1 and Lot 2.
                      29.     Refer to the Department of Natural Resources and Mines’ conditions included as
                              Attachment 1 in the Department of State Development, Infrastructure and
                              Planning’s letter dated 6 June 2014.
               C.     Delete the requirement for a further Development Permit for Operational Works –
                      Landscaping.
               D.     Agree to extend the relevant period by 4 months to 12 September 2014 and change
                      Condition 2 accordingly.
               3      RELEVANT PERIOD OF APPROVAL

               The relevant period for this Development Approval is identified in the Assessment Manager
               conditions.
               4      ASSESSMENT MANAGER CONDITIONS

               Approved Plans
               1      Development undertaken in accordance with this approval must generally comply with
                      the approved plan of development and as may be amended by these conditions. The
                      approved plan is:

                        Plan No.          Rev.    Plan Name                                          Date
                        D-00510-01-J      J       Proposal Plan – Martoo Consulting                  11/12/2008

               Relevant Period
               2      Pursuant to Section 3.5.21(2)(b) of the Integrated Planning Act 1997, the relevant period
                      is four (4) years from the day this permit takes effect and ends on 12 September 2014
                      during which time all conditions must have been complied with, operational works
                      completed, and the Plan of Survey lodged with the Council for endorsement, unless an
                      application to extend the relevant period is approved by Council.
               General
               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.     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.
               5.     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.
               Fees
               6      All outstanding rates and charges due and payable to Council in respect of the
                      reconfiguring of a lot shall be paid prior to endorsement of the Plan of Survey.




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               Plan of Survey
               7      Prior to the endorsement of the Plan of Survey, the Applicant's Solicitor shall give
                      Council's Solicitor an appropriate undertaking in writing that in conjunction with
                      lodgement of the Plan of Survey at the Land Titles Office, the Title Deed, the
                      easement/s documents and any environmental covenant documents will also be lodged
                      and any additional Titles Office forms or requisitions requiring the consent of Council
                      being attended to forthwith.
               8      In conjunction with the lodgement of the Plan of Survey for Council endorsement, all
                      legal documentation shall be presented to Council and shall be submitted in the correct
                      form with the fees prescribed in Council's adopted fee schedule.
               9      Prior to Council endorsing the Plan of Survey, a certificate from a registered
                      Professional Civil Engineer shall be submitted to Council for each Development Permit
                      for Operational Works issued pursuant to this permit. The engineer shall certify those
                      works and that they have been completed in a workman like manner in accordance with
                      good engineering practice and in accordance with that permit.
               10     Prior to endorsement of the plan of survey by Council, a metes and bounds plan shall be
                      submitted to Council indicating the house site and effluent disposal area/s on Lot 1 and
                      Lot 2.
               11     Deleted.
               Vegetation Covenant Area
               12     An environmental covenant as defined by Part 6, Division 4A of the Land Title Act 1994,
                      shall be registered, in favour of Council, over land within Lot 2 within 50 metres of the
                      northeastern property boundary to the Noosa River. The environmental covenant shall
                      be for the protection of the Coastal Management District. The covenant area must be
                      lodged with Council and agreed to by Council prior to survey plan approval.
               Vegetation Protection & Weed Removal
               13     Deleted.
               14     Prior to approval of the Operational Works (Landscaping) for the development, the
                      following requirements must be completed:
                      a.      A total bond amount of 1.5 times the schedule of works estimate of costs (plus
                              GST) for the re-vegetation work, including maintenance for three years, must be
                              lodged
                      b.      The bond will be released based on achieving the performance objectives and
                              criteria over the ‘on maintenance’ period in accordance with the approved
                              vegetation management and revegetation plan in the following increments:
                              i.       10% for the first year
                              ii.      10% for the second year
                              iii.     80% in the final year
               15     Existing trees on site and within the road reserve are to be retained, except where
                      required to be removed due to a building approval or the conduct of an approved use.
               16.    Vegetation removal, tree felling and lopping shall be undertaken in an environmentally
                      sensitive manner to avoid damaging surrounding vegetation, trees and habitat. Cleared
                      vegetation is to be suitably processed by one of the following methods and removed
                      from the site:-
                      16.1. 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.


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                      16.2. Disposal for firewood.
                      16.3. Disposal for landscaping purposes.
                      16.4. 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.
                      16.5. Re-use for construction materials.
                      16.6. 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.
                      16.7. The disposal method for clearing works is to be submitted in conjunction with an
                            application for a Development Permit for Operational Work. The Applicant is
                            advised that other methods may be considered provided full details of the method
                            are submitted.
                      The Applicant is advised that burning off is an unacceptable method of disposal.
               Access Driveway
               17     A sealed driveway shall be professionally designed and constructed from the existing
                      road formation in Riverpark Drive, for the full length of the proposed 10m wide access
                      easement on proposed Lot 2. The driveway shall be designed and constructed in
                      accordance with Council’s standards and shall include with but not be limited to the
                      following:
                      17.1 Crossover in accordance with standard drawing SEQ R-050;
                      17.2 Have a minimum width of 4m on 4m formation;
                      17.3 Include any necessary drainage works to ensure no adverse impact on existing
                           drainage conditions or environment; and
                      17.4 Driveway curves have a minimum inner radius of 10 metres.
                      A Development Permit for Operational Works shall be required.
               Stormwater Drainage
               18     Any works associated with this development shall not adversely affect the existing
                      drainage conditions on the adjoining properties, the road, or the bushland by diverting
                      and/or blocking the natural overland runoff from these properties.
               Earthworks
               19     Any earthworks on site shall be in accordance with Council’s Planning Scheme Policy
                      PSP5 – Engineering Design Standards - Roads, Drainage and Earthworks and State
                      Planning Policy 2/02 Planning and Managing Development Involving Acid Sulfate Soils
                      and will require a Development Permit for Operational Works.
               Power Supply
               20     An electricity service shall be provided to each allotment if not already provided.




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                      In this regard, an approved ENERGEX Electrical Design Consultant shall work in
                      conjunction with Council to prepare detailed designs of the electrical proposal.
                      The detailed deigns shall then be submitted to ENERGEX for approval and a copy of
                      their approval submitted to Council in conjunction with a “Certificate of Electricity Supply
                      for Proposed Subdivisions” (prepared by an approved ENERGEX Electrical Design
                      Consultant) prior to Council endorsing the Plan of Survey.
                      Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant
                      shall be wholly at the applicant’s expense and shall not entail a financial encumbrance
                      on future purchasers of the proposed lots. A Development Permit for Operation Works
                      shall be required.
               21     The requirements of ENERGEX shall be satisfied in relation to any existing or proposed
                      services that traverse this site or any other property in relation to providing electricity
                      service to this development site. Written confirmation by ENERGEX that satisfactory
                      arrangements have been made to formalise any required easements and/or existing
                      informal services shall be submitted prior to Council endorsing the Plan of Survey.
               Telecommunication
               22     The requirements for TELECOMMUNICATION services shall be satisfied in relation to
                      the provision of new telephone services to the proposed lots. In this regard written
                      confirmation from an approved telecommunication agency shall be submitted to the
                      Council prior to Council endorsing the Plan of Survey.
               Effluent Disposal
               23     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
                      Specifically, the land application area shall be positioned to achieve the greatest
                      possible setback to the dam/lake and to any permanent or intermittent watercourse.
                      The land application area shall also be positioned at least 15m from any underground
                      rainwater tanks.
               Erosion and Sediment Control
               24     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.
               Compliance Bond
               25     Prior to Council giving approval for Development Permit for Operational Works the
                      applicant shall submit $10,000 bond to ensure compliance with the conditions contained
                      within this approval. The bond will be returned following the acceptance of all works.
               Infrastructure Contributions
               26     The applicant must pay contributions towards trunk infrastructure in accordance with the
                      following Planning Scheme Policies and Council Policies:
                      (a)    Planning Scheme Policy 12 – Public Open Space Contributions;
                      (b)    Planning Scheme Policy 13 – Contributions in Lieu of Off Street Parking;
                      (c)    Planning Scheme Policy 16 – Sewerage Headworks Contributions;


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                      (d)    Planning Scheme Policy 17 – Water Supply Headworks Contributions;
                      (e)    Planning Scheme Policy 20 – Pathway Trunk Network Contributions;
                      (f)    Council Policy – Rural Roadworks Contributions;
                      (g)    Council Policy – Master Drainage Contributions.
                      For material change of use of premises approvals the contributions must be paid prior to
                      the commencement of use, for reconfiguring a lot approval contributions must be paid
                      prior to Council approval of the plan of subdivision.
                      The actual amount of the contribution must be calculated and paid in accordance with
                      the Planning Scheme Policies and variations due to indexation current at the time of
                      payment.
               Further Permits Required
               27.    For the following classes of work associated with development, a Development Permit
                      for Operational Works must be obtained prior to commencement of works relating to that
                      class of work. The application may combine any or all of these classes of work:-
                      27.1. Access Driveway
                      27.2. Deleted
                      27.3. Erosion & Sediment Control
               Concurrence Agency Conditions
               28     Refer to the Department of Environment and Resource Management (Eco Access)
                      conditions in their letter dated 8 February 2010.
               29     Refer to the Department of Natural Resources and Mines’ conditions included as
                      Attachment 1 in the Department of State Development, Infrastructure and Planning’s
                      letter dated 6 June 2014
               5      REFERRAL AGENCY CONDITIONS

               The referral agencies applicable to this application are:
                Referral Trigger       Referral          Referral Agency              Referral Address
                                       Status

                                       Concurrence       Dept of Natural              PO Box 573
                                                         Resources & Water            Nambour Qld 4560
                                                         (DERM)
                                       Concurrence       Environmental Protection PO Box 168
                                                         Agency (DERM)            Cotton Tree Qld 4558
                                       Advice            DPI & Fisheries              PO Box 5165
                                                                                      Nambour Qld 4560

               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 the
               following table:

                Plan / Document Rev. Plan / Document Name                                Date
                No.
                D-00510-01-J              J       Proposal Plan – Martoo Consulting      11/12/2008


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               7      ADVISORY NOTES

               The following Advisory Notes are for information purposes only and do not form conditions of
               approval:
               1.        For the purpose of these conditions, the following definitions apply: -
                         1.1.     A Plan of Survey means the plan for the reconfiguration of a lot required to be
                                  endorsed by Council pursuant to S3.7.1 of the Integrated Planning Act 1997.
                         1.2.     A Registered Professional Civil Engineer means an engineer who is
                                  registered with the board of Professional Engineers of Queensland.
                         1.3.     The person acting on this permit means any person or company who
                                  undertakes development pursuant to this permit.
               2.        As the site is located partly located below 5m AHD, any excavation works consisting of
                         100m3 or greater and/or any filling works consisting of 500m3 or greater and with an
                         average depth of 0.5m or greater below 5mAHD will need to be carried out in
                         accordance with State Planning Policy 2/02 Planning and Managing Development
                         Involving Acid Sulfate Soils. In this regard appropriate testing and supporting
                         documentation prepared by a suitably qualified specialist shall be submitted to Council
                         for approval prior to obtaining a Development Permit for Operational Works.
               3.        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.
               4.        Any building or clearing works on the proposed allotments should take into
                         consideration that the remnant bushland vegetation on these lots, subject to the
                         provisions of Local Law 10 – Vegetation Management (2003) and The Noosa Plan’s
                         Biodiversity Overlay Code.
               Infrastructure Contributions and Infrastructure Charge
               5.        An advice notice outlining the estimated infrastructure contributions payable and the
                         basis for their calculation under the current Planning Scheme Policies and Council
                         Policies is attached with this Development Permit.
               6.        For properties located in the catchment area for the Coastal Major Road Network
                         Infrastructure Charges Plan, this development permit may trigger an Infrastructure
                         Charge to be issued in accordance with the Infrastructure Charges Plan and Chapter
                         5 of the “Integrated Planning Act 1997”.
               7.        Please       contact     Council's     Infrastructure   Charges     Officer     (email:
                         [email protected]) a minimum of 5 business days prior to payment of
                         the infrastructure contributions and/or charge notice so a payment advice detailing the
                         amounts applicable at the time of payment may be issued to accompany the payment.
               8.        Payment of infrastructure contributions and/or infrastructure charge notices will not be
                         accepted by credit card transaction.
               Aboriginal Cultural Heritage Act 2003
               9.        There may be a requirement to establish a Cultural Heritage Management Plan and/or
                         obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
                         The ACH Act establishes a cultural heritage duty of care which provides that: “A
                         person who carries out an activity must take all reasonable and practicable measures
                         to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail
                         to comply with the duty of care. Substantial monetary penalties may apply to
                         individuals or corporations breaching this duty of care. Injunctions may also be issued


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                         by the Land and Resources Tribunal, and the Minister administering the ACH Act can
                         also issue stop orders for an activity that is harming or is likely to harm Aboriginal
                         cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
                      You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss
                      any obligations under the ACH Act.
               8      PROPERTY NOTES

               The following property notes will be placed against the subject property in Council’s property
               record system:
               1.        The Applicant is advised that the following or a similar property notation shall be
                         placed on the Council’s rates records for the proposed Lot 2 to advise prospective
                         purchasers of Council's requirements regarding the Coastal Management District:-
                         a.     A Vegetation Covenant is registered over this lot to protect the Coastal
                                Management District. The covenant includes the Sunshine Coast Regional
                                Council as Covenantee and references Queensland Land Title Registry Standard
                                Terms Document No. 811674742 (Council References 06/0862).
               2.        The Applicant is advised that the following or a similar property notation shall be
                         placed on the Council’s rates records for the proposed Lot 1 and Lot 2 to advise
                         prospective purchasers of Council's requirements regarding effluent disposal:-
                         a.     “No connection is available to town water supply”
                         b.      “The property is in an unsewered area. You are advised that the preliminary
                                investigation for this site indicated that an advance secondary wastewater
                                treatment plant may be required. Effluent shall be disposed of on-site in
                                accordance with Council’s policy for on-site wastewater disposal current at the
                                time of Building Works. A detailed site assessment and effluent land application
                                design will be required to be submitted to Council at the time of an application for
                                a Development Permit for Building Works or modifications to the effluent disposal
                                system.”
                         c.     “A specific a house site and effluent disposal has been specified for the property”.
               9      PRELIMINARY APPROVAL OVERRIDING SCHEME

               Not applicable.
               10     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit required          Subject of the required Development Permit
                Operational Works                            Access Driveway
                                                             Erosion & Sediment Control

               11     SELF ASSESSABLE CODES

               Not applicable.
               12     SUBMISSIONS

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

               Not applicable.




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               14      RIGHTS OF APPEAL

               You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
               the Sustainable Planning Act 2009 is attached.
               15      OTHER DETAILS

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

               DECISION NOTICE HISTORY
               Original Decision Notice 22 March 2010
               Negotiated Decision Notice 12 May 2010, with an
               amendment to condition 2
               Changes to an Existing Approval & Extension to
               Relevant Period 28 August 2014, with an amendment to
               conditions 10 & 2 and, the deletion of conditions 11 & 13.

               Yours faithfully




               Kerri Coyle
               Manager Planning & Environment

               Encl.     Infrastructure Agreement
                         Appeal Rights


               cc: Unitywater




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                                                            Appeal Rights
                                                            SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                            REGULATION 2009



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

               465       Appeals about decisions relating to extensions for approvals
               (1)       For a development approval given for a development application, a person to whom a notice is given under
                         section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision
                         in the notice.
               (2)       The appeal must be started within 20 business days after the day the notice of the decision is given to the
                         person.
               (3)       Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of
                         the request.
               (4)       An appeal under subsection (3) may be started at any time after the last day the decision on the matter should
                         have been made.

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




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                                       Referral Agency Conditions
                                       SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                       REGULATION 2009




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ecoaccess

emaronmental hicences and permits
Notice

Concurrence Agency Response

Recommendation
- Granted with conditions

DERM Ref Number
- 1IPCC01443109

Aspect of Development
- Advice Agency Response on land in or within 100m of a wetland

Details
- As above

Recommendation
- Advice

DERM Ref Number
~ IPARO1443009

3. Currency period

This approval will lapse unless substantially started within the currency period/s set by the Assessment
Manager OR the standard currency periods stated in section 3.5 21 of the integrated Planning Act
1997 applying to each aspect of development in this approval AND/OR the following currency penods
applying to aspects of development in this approval

This approval will lapse unless substantially started within two years.

4. The approved plans
The approved plans and/or documents for this approval are (attachment 1)

 

 

 

 

Plan/Document No. Plan/Document Name Date
D-00510-01-K Lots 25 & 26 on SP104706 Parish of Noosa County of 42/03/09
March Subdivision of a Lot - Proposal Plan

 

 

 

5. Codes for self-assessable development

Any self-assessable development for an environmentally relevant activity conducted in conjunction
with this approval, must comply with the relevant code of environmental compliance

6. Assessment Manager Responsibilities

Please note that it is a requirement under Sections 3.5.15 and 3.5.17 of the Integrated Planning Act 1997
that a copy of the final Decision Notice (which includes DERM's concurrence response) for this application
issued by the Sunshine Coast Regional Council, be forwarded to each referral agency Therefore could you
please send a signed hardcopy to the DERM's Ecoaccess Customer Service Unit, PO Box 15155 CITY

EAST 4002 and an electronic copy to [email protected]

 

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ecoaccess
environmental licences and perms
Notice
Concurrence Agency Response
Native Title

Document Set ID: 19816636

In addition, the State’s Native Title Work Procedures indicate that responsibility for assessment of native title
issues for an IDAS application rest with the Assessment Manager Therefore in this instance, DERM has not
provided a notification to native title parties.

Aboriginal Cultural Heritage Act 2003

DERM also takes this opportunity to advise the Assessment Manager of the responsibilities of applicants
under the Aboriginal Cultural Heritage Act 2003. The Assessment Manager may wish to include this
information as an Advisory Note on the Decision Notice issued for the application.

Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must take
all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage
(the “cultural heritage duty of care"). Maximum penalties for breactung the duty of care are $750,000 for a
corporation and $75,000 for an individual.

Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in
accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act
2003, available on the DERM website, or in accordance with an agreement with the Aboriginal party for the
area or a cultural heritage management plan approved under part 7 of the Abonginal Cultural Hentage Act
2003.

Applicants are also encouraged to undertake a search of the Aboriginal Cultural Heritage Database and the
Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit, DERM.
Application forms to undertake a free search of the Cultural Heritage Register and the Database may be
obtained by contacting the Cultural Heritage Coordination Unit on (07) 3238 3838 or on the DERM website

www.DERM ald gov au/cultural_heritage
If you require more information, please contact Jessica Johnson, the Project Manager, on the telephone
number listed below

 

 

 

 

 

 

Yours sincerely
‘ of lee 10.
Signature Date
Ben Sale Enquiries.
Manager (Sunshine Coast} ES - Reg Serv - Bne North Region- Sunshine
Environmental Services North Coast - DERM
South East Region PO Box 168

Department of Environment and Resource Management COTTON TREE QLD 4558
Phone: (07) 5459 6141
Fax: (07) 5443 9927

Attached — Approved Plans
Enclosed — Permit number: 1PCC01443109 and Advice: IPARO1443009

 

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ecoaccessS

environmental icences and permits

Attachment 1 - Approved Plans

Notice
Concurrence Agency Response

D-00510-01-K — Lots 25 & 26 on SP104706 Parish of Noosa County of March: Subdivision of a Lot -

Proposal Plan dated 12/03/09

 

 

 

 

 

McKINNON DR

 

 

 

 

 

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Section 3.3.16 and 3.3.18 Integrated Planning Act 1997

Department of Environment and Resource Management Permit’ number:

 

 

 

Coastal Protection and Management Act 1995; and

any subordinate legislation

IPCC01443109
Permit’ number: IPCC01443109
Assessment Manager reference: 2006/0862
Date application received by DERM: 23 March 2009
Permit' Type: Concurrence Response for Operational Work
Decision: Granted with conditions
Applicant: Sunshine Coast Regional Council
Relevant Laws and Policies: Integrated Planning Act 1997,

 

 

 

 

Jurisdiction: Schedule 2, Table 2, item 13 of the integrated Planning
Regulation 1998
Development Description
Property Lot/Plan Aspect of Description of works
Development
1270 McKinnon Lot 26 on Concurrence One lot into two
Drive, Ringtail SP104706 Response
Creek, QLD Reconfiguring of a Lot]
that ts land situated
completely or partly
within a coastal
management district

 

 

 

 

 

 

Reasons for inclusion of development conditions

In accordance with section 3,3,18(8) of the Integrated Planning Act 1997 and section 27B of the Acts
Interpretation Act 1954, the reasons for the inclusion of development conditions are.

The Department of Environmental Resource Management (DERM) ts a concurrence agency under the
Integrated Planning Regulation 1998 for coastal management under the Coastal Protection and
Management Act 1995, excluding amenity or aesthetic significance or value

* Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as
required by legislation administered by DERM.

Page 1 of 4

 

Department of Environment and Resource Management

. WWW derm.qid gov.au ABN 46 640 294 485

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Permit number: 1PCC01443109

Additional information for applicants

Contaminated Land

It is a requirement of the Environmental Protection Act 1994 that ff an owner or occupier of land becomes aware
a Notifiable Activity (as defined by Schedule 3 of the Environmental Protection Act 1994) 1s being carried out on
the land or that the land has been affected by a hazardous contaminant, they must, within 22 days after
becoming so aware, give notice to DERM

 

 

 

 

 

Yours sincerely
| Bk ¥[orfio.
Signature Date
Ben Sale Enquiries.
Manager (Sunshine Coast) ES - Reg Serv - Bne North Region- Sunshine
Environmental Services North Coast - DERM
South East Region PO Box 168

Department of Environment and Resource Management COTTON TREE QLD 4558
Phone: (07) 5459 6141
Fax. (07) 5443 9927

 

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Permit number: IPCC01443109

CONDITIONS OF APPROVAL

Agency Interest - General

1. The Coastal Management District ts to remain free from all development and surrendered under an
environmental covenant to ensure the area remains free from future development

2. The Coastal Management District must be maintained to be free of grazing animals and weed species
under the environmental covenant

3. Any activities conducted on site, relevant to this reconfiguration of a lot must not result in impacts to the
Coastal Management District

END OF CONDITIONS

 

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Document Set ID: 19816636

Permit number: IPCC01443109

DEFINITIONS
Words and phrases used throughout this permit' are defined below Where a definition for a term used in this
permit’ is sought and the term ts not defined within this permit’ the definitions provided in the relevant legislation

shall be used

“administering authority" means the Department of Environment and Resource Management or its
successor
“approval” means ‘notice of development application decision’ or ‘notice of concurrence agency response’
under the /ntegrated Planning Act 1997
“approved plans" means the plans and documents listed in the approved plans section in the notice attached
to this development approval
“Coastal management district”
¢ Landward boundary !s a line measured 40 metres landward of the plan position of the mean high water
springs tide level except where approved revetments exist, in which case the line is measured 10
metres landward of the upper seaward edge of the revetment, irrespective of the presence of
outcropping bedrock, or
e Landward boundary ts the plan position of Highest Astronomical Tide,

Whichever provides the greater width

“site” means land or tidal waters on or in which it is proposed to carry out the development approved under this
development approval
“works” or “operation” means the development approved under this development approval.

END OF CONDITIONS

 

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Department of Environment and Resource Management — Advice:

 

 

 

 

 

 

 

 

 

 

 

 

 

IPAR01443009
Permit' number: IPAR01443009
Assessment Manager reference: 2006/0862
Date application received by DERM: 23 March 2009
Advice: Land in or within 100m of a wetland
Applicant: Sunshine Coast Regional Council
Relevant Laws and Policies: Integrated Planning Act 1997,
Coastal Protection and Management Act 1995; and
any subordinate legislation
Jurisdiction: Schedule 2, Table 2, Item 38 of the Integrated Planning
Regulation 1998
Development Description
Property Lot/Plan Aspect of Description of works
Development
1270 McKinnon Lot 26 on Advice Agency One lot into two
Drive, Ringtail SP104706 Response on land in
Creek, QLD or within 100m of a
wetland
Advice offered

The Department of Environment and Resource Management (DERM) encourages Sunshine Coast Regional
Council (SCRC), as the assessment manger, to require as large a separation as possible between the buildings
within the proposed Lot 2 and the mapped wetland boundary, taking into consideration the site constraints.

DERM also encourages SCRC to impose an environmental covenant over the land, in the absence of DERM’s
consideration of land surrender, to ensure the values of this area are protected inline with the State Coastal

 

 

 

 

 

 

Management Plan 2001.
Yours sincerely

RAK OX[o2-{,0.

Signature a Dato

Ben Sale Enquiries:
Manager (Sunshine Coast) ES - Reg Serv - Bne North Region- Sunshine
Environmental Services North Coast - DERM
South East Region PO Box 168

Department of Environment and Resource Management COTTON TREE QLD 4558
Phone: (07) 5459 6141
Fax: (07) 5443 9927

Page 1 of 1

Department of Environment and Resource Management
www.derm gid gov.au ABN 46 640 294 485

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Queensland
Government

Department of
State Development,
Infrastructure and Planning

SARA reference: SPD-0414-6764
Council reference: 2006/862

Date: 6 June 2014

Mr J Franz

c/- Martoo Consulting

PO Box 1684

Noosa Heads QLD 4567

Notice of decision—changed approval (responsible entity)

1270 McKinnon Drive, Ringtail Creek — QLD 4565
(Given under section 376 of the Sustainable Planning Act 2009)

The Department of State Development, Infrastructure and Planning received
representations under section 369 of the Sustainable Planning Act 2009 (SPA) on 24 April

2014 for the original decision described below.

_ Applicant details

 

Applicant name: Mr J Franz
c/- Martoo Consulting
PO Box 1684
Noosa Heads QLD 4567

Site details

 

Real property description: 26 SP104706
Local government area: Noosa Shire Council

Original decision

 

Date of original decision: 12 May 2010

Original decision details: Approved subject to conditions
A changed decision notice for this request is attached.

Copies of the following documents are also attached:
e relevant appeal provisions in the Sustainable Planning Act 2009
* any plans and specifications approved in relation to the decision notice.

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SPD-0414-6764

If you require any further information, please contact Tracey Smith, A/Senior Planning
Officer, on 3882 8409 or [email protected] who will be pleased to assist.

Yours sincerely

Garth Nolan
Manager (Planning)

enc:
Attachment 1—Changed Concurrence agency conditions
Attachment 2—SPA appeal provisions
Changed decision notice
Referral agency response plan

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SARA reference: SPD-0414-6764

Council reference: 2006/862

Changed decision notice

SPD-0414-6764

(Given under section 376 of the Sustainable Planning Act 2009)

Applicant details

 

Applicant name:

Applicant contact details:

Application details

Mr J Franz

c/- Martoo Consulting
PO Box 1684
Noosa Heads QLD 4567

 

Level of assessment:

Code assessment

 

Nature of the changes

Date of request for change: 24 April 2014
Site details
Street address: 1270 McKinnon Drive, Ringtail Creek - QLD 4565

Real property description:
Site area:

26 SP104706
62.3 ha

 

 

The nature of the changes agreed to are to remove conflict with the existing material

change of use approval.

Original decision

 

Date of original decision:

Original decision details:

Changed decision

17 May 2010

Approved subject to conditions

 

Date of changed decision:

Changed decision details:

Conditions

6 June 2014

Approved subject to conditions

 

Document Set ID: 19816636
Version: 1, Version Date: 02/11/2014

This approval is subject to:

e the changed concurrence agency conditions in Attachment 1

Department of State Development, Infrastructure and Planning

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SPD-0414-6764

Aspects of development and development approval granted

 

Aspect 1: Reconfiguring a Lot — Subdivision (1 into 2 lots)

Rights of appeal

 

The rights of applicants to appeal to the Planning and Environment Court against
decisions about a development application are set out in chapter 7, part 1, division 8 of
the Sustainable Planning Act 2009. For particular applications, there may also be a right
to appeal to the Building and Development Dispute Resolution Committee (see chapter 7,
Part 2 of the Sustainable Planning Act 2009).

Copies of the relevant appeal provisions are attached,

 

Document Set ID: 19816636
Version: 1, Version Date: 02/11/2014

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SPD-0414-6764

SARA reference: SPD-0414-6764
Council reference: 2006/862

Attachment 1—Changed concurrence agency conditions

 

 

No. Conditions of development approval Condition timing

 

Reconfiguring a lot

 

Clearing vegetation—Pursuant to section 255D of the Sustainable Planning Act 2009, the chief
executive administering the Sustainable Planning Act 2009 nominates the Director-General of the
Department of Natural Resources and Mines to be the assessing authority for the development to
which this development approval relates for the administration and enforcement of any matter
relating to the following condition(s):

Concurrence agency response

+—AlLresidenses-and associated buildings are te be setback forty-meu Fnore-from-remnant

 

 

vegetation shown-oa the Annoiates Ste Plan,

 

AM: i Act-4999-and

 

 

 

 

 

 

 

 

 

Clearing of native vegetation as a result of this reconfiguring a lot development must not occur on
the land within the area shown as Area A on Referral Agency Response (Vegetation) Plan RARP-
SPD-0414-006764,unless the clearing is—

« Residential clearing as defined under the Sustainable Planning Regulation 2009.

« Essential management clearing including firebreaks associated with new infrastructure.

« One access track/ driveway to service the single residence.

« By fire under the Fire and Rescue Service Act 1990 to reduce hazardous fuel loads or an
activity under the Fire and Rescue Service Act 1990, section 53, 68 or 69; or

«Where it is necessary to remove or reduce the imminent risk that the vegetation poses to
serious personal injury or damage to property.

 

 

Attachment: Referral Agency Response (Vegetation) Plan-RARP SPD-0414-006764

 

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SARA reference: SPD-0414-6764
Council reference: 2006/862

Attachment 2—SPA Appeal Provisions

Sustainable Planning Act 2009—Representation and appeal
provisions

The following relevant appeal provisions are provided in accordance with s336(a) of the
Sustainable Planning Act 2009.

 

[ Chapter 6 Integrated development assessment system (IDAS) |
Part 8 Dealing with decision notices and approvals

Division 1 Changing decision notices and approvals during applicant’s appeal period

360 Application of div 1
This division applies only during the applicant's appeal period.

361 Applicant may make representations about decision
(1) The applicant may make written representations to the assessment manager about—
(a) a matter stated in the decision notice, other than a refusal or a matter about
which a concurrence agency told the assessment manager under section 287(1)
or (5); or
(b) the standard conditions applying to a deemed approval.
(2) However, the applicant can not make representations under subsection (1)(a) about a
condition attached to an approval. under the-direction of the-Minister. - ” -

362 Assessment manager to consider representations
The assessment manager must consider any representations made to the
assessment manager under section 361.

363 Decision about representations

(1) If the assessment manager agrees with any of the representations about a decision
notice or a deemed approval, the assessment manager must give a new decision
notice (the negotiated decision notice) to—

{a) the applicant; and

(b) each principal submitter; and

(c) each referral agency; and

(d) if the assessment manager is not the local government and the development is
in a local government area—the local government.

(2) Before the assessment manager agrees to a change under this section, the
assessment manager must consider the matters the assessment Manager was
required to consider in assessing the application, to the extent the matters are
relevant.

(3) Only 1 negotiated decision notice may be given.

(4) The negotiated decision notice—

{a) must be given within 5 business days after the day the assessment manager
agrees with the representations; and

(b) must comply with section 335; and

(c) must state the nature of the changes; and

(d) replaces—
(i) the decision notice previously given; or

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(ii) if a decision notice was not previously given and the negotiated decision
notice relates to a deemed approval—the standard conditions applying to
the deemed approval.

(5) If the assessment manager does not agree with any of the representations, the
assessment manager must, within 5 business days after the day the assessment
manager decides not to agree with any of the representations, give written notice to
the applicant stating the decision about the representations.

364 Giving new notice about charges for infrastructure

(1) This section applies if the development approved by the negotiated decision notice is
different from the development approved in the decision notice or deemed approval in
a way that affects the amount of an infrastructure charge, regulated infrastructure
charge or adopted infrastructure charge.
The local government may give the applicant a new infrastructure charges notice
under section 633, regulated infrastructure charges notice under section 643 or
adopted infrastructure charges notice under section 648F to replace the original
notice.

(2)

366 Applicant may suspend applicant's appeal period

(1) If the applicant needs more time to make the representations, the applicant may, by
written notice given to the assessment manager, suspend the applicant's appeal
period.

(2) The applicant may act under subsection (1) only once.

(3) If the representations are not made within 20 business days after the day written
notice was given to the assessment manager, the balance of the applicant's appeal
period restarts.

(4) If the representations are made within 20 business days after the day written notice
was given to the assessment manager—

(a) if the applicant gives the assessment manager a notice withdrawing the notice
under subsection (1)—the balance of the applicant's appeal period restarts the
day after the assessment manager receives the notice of withdrawal; or

(b) if the assessment manager gives the applicant a notice under section 363(5)—
the balance of the applicant's appeal period restarts the day after the applicant
receives the notice; or

(c) if the assessment manager gives the applicant a negotiated decision notice—the
applicant's appeal.

 

[ Chapter 7 Appeals, offences and enforcement

 

Part 1 Planning and Environment Court

 

Division 8 Appeals to court relating to development applications and approvals

461 Appeals by applicants
(4) An applicant for a development application may appeal to the court against any of the
following—
(a) the refusal, or the refusal in part, of the development application;
(b) any condition of a development approval, another matter stated in a
development approval and the identification or inclusion of a code under section
242;
(c) the decision to give a preliminary approval when a development permit was
applied for;
{d) the length of a period mentioned in section 344;
(2) adeemed refusal of the development application.
(2) An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business
days (the applicant’s appeal period) after—

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(a) ifa decision notice or negotiated decision notice is given—the day the decision
notice or negotiated decision notice is given to the applicant; or
(b) otherwise—the day a decision notice was required to be given to the applicant.
(3) An appeal under subsection (1)(e) may be started at any time after the last day a
decision on the matter should have been made.

462 Appeals by submitters—general
(1) A submitter for a development application May appeal to the court only against—
(a) the part of the approval relating to the assessment manager's decision about any
part of the application requiring impact assessment under section 31 4; or
(b) the part of the approval relating to the assessment manager's decision under
section 327.
(2) To the extent an appeal may be made under subsection (1), the appeal may be
against 1 or more of the following—
(a) the giving of a development approval;
{b) any provision of the approval including—
(i) acondition of, or lack of condition for, the approval; or
(it) the length of a period mentioned in section 341 for the approval.
(3) However, a submitter may not appeal if the submitter—
(a) withdraws the submission before the application is decided; or
(b) has given the assessment manager a notice under section 339(1)(b\(ii).
(4) The appeal must be started within 20 business days (the submitter’s appeal period)
after the decision notice or negotiated decision notice is given to the submitter.

463 Additional and extended appeal rights for submitters for particular development
applications
(1) This section applies to a development application to which chapter 9, part 7 applies.
(2) A submitter of a properly made submission for the application may appeal to the court
about a referral agency's response made by a concurrence agency for the
applicatio: ec
(3) However, th itter may Only appeal against a referral agency's response to the
extent it relates to—
(a) development for an aquacultural ERA; or
(b) development that is—
{i) amaterial change of use of premises for aquaculture; or
(ii) operational work that is the removal, damage or destruction of a marine
plant.
{3) Despite section 462(1), the submitter may appeal against the following matters for the
application even if the matters relate to code assessment—
(a) adecision about a matter mentioned in section 462(2) if itis a decision of the
chief executive;
(b) a referral agency’s response mentioned in subsection (2).

  

464 Appeals by advice agency submitters
(1) Subsection (2) applies if an advice agency, in its response for an application, told the
assessment manager to treat the response as a properly made submission.
(2) The advice agency may, within the limits of its jurisdiction, appeal to the court
about—
(a) any part of the approval relating to the assessment manager's decision about
any part of the application requiring impact assessment under section 314; or
(b) any part of the approval relating to the assessment manager's decision under
section 327.
(3) The appeal must be started within 20 business days after the day the decision notice
or negotiated decision notice is given to the advice agency as a submitter.
(4) However, if the advice agency has given the assessment manager a notice under
section 339(1)(b)(ii), the advice agency may not appeal the decision.

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465 Appeals about decisions relating to extensions for approvals

(1) For a development approval given for a development application, a person to whom a
notice is given under section 389, other than a notice for a decision under section
386(2), may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of the
decision is given to the person.

(3) Also, a person who has made a request under section 383 may appeal to the court
against a deemed refusal of the request.

(4) An appeal under subsection (3) may be started at any time after the last day the
decision on the matter should have been made.

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

467 Appeals about changing or cancelling conditions imposed by assessment
"Manager orconcurrence agency =—=———ss——i‘“s;s*s*s*~*:”:”””CCS
(1) Aperson to whom a notice under section 378(9)(b) giving a decision to change or
cancel a condition of a development approval has been given may appeal to the court
against the decision in the notice.
(2) The appeal must be started within 20 business days after the day the notice of the
decision is given to the person.

Division 11 Making and appeal to Court

481 How appeals to the court are started
(1) An appeal is started by lodging written notice of appeal with the registrar of the court.
(2) The notice of appeal must state the grounds of the appeal.
(3) The person starting the appeal must also comply with the rules of the court applying
to the appeal.
(4) However, the court may hear and decide an appeal even if the person has not
complied with subsection (3).

482 Notice of appeal to other parties—development applications and approvals
(1) An appellant under division 8 must give written notice of the appeal to—
(a) if the appellant is an applicant—
(i) the chief executive; and
(ii) the assessment manager; and
(ili) any concurrence agency; and
{iv) any principal submitter whose submission has not been withdrawn; and
(v) any advice agency treated as a submitter whose submission has not been
withdrawn; or

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(2)

@)

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(b) if the appellant is a submitter or an advice agency whose response to the
development application is treated as a submission for an appeal—
(i) the chief executive; and
(i) the assessment manager; and
(ii) any referral agency; and
{iv) the applicant; or

{c) if the appellant is a person to whom a notice mentioned in section 465(1) has
been given—

(i) the chief executive; and

(ii) the assessment manager for the development application to which the
notice relates; and

(iii) any entity that was a concurrence agency for the development application to
which the notice relates; and

(iv) the person who made the request under section 383 to which the notice
relates, if the person is not the appellant; or

(d)_ if the appellant is a person mentioned in section 466(1)—

(i) the chief executive; and

(ii) the responsible entity for making the change to which the appeal relates;
and

(iii) the person who made the request to which the appeal relates under section
369, if the person is not the appellant; and

(iv) if the responsible entity is the assessment manager—any entity that was a
Concurrence agency for the development application to which the notice of
the decision on the request relates; or

(e) if the appellant is a person to whom a notice mentioned in section 487 has been
given—the entity that gave the notice.

The notice must be given within—

(a) if the appellant is a submitter or advice agency whose response to the
development application is treated as a submission for an appeal—z2 business
days after the appeal is started; or

(b)—otherwise—10-business-days-after the appeal is st

The notice must state—

(a) the grounds of the appeal; and

(b) if the person given the notice is not the respondent or a co-respondent under
section 485—that the person may, within 10 business days after the notice is
given, elect to become a co-respondent to the appeal by filing in the court a
notice of election in the approved form.

 

485 Respondent and co-respondents for appeals under div 8

(1)

Subsections (2) to (8) apply for appeals under sections 461 to 464,

The assessment manager is the respondent for the appeal.

If the appeal is started by a submitter, the applicant is a co-respondent for the
appeal.

Any submitter may elect to become a co-respondent for the appeal.

If the appeal is about a concurrence agency's response, the concurrence agency is
a co-respondent for the appeal.

If the appeal is only about a concurrence agency's response, the assessment
Manager may apply to the court to withdraw from the appeal,

The respondent and any co-respondents for an appeal are entitled to be heard in
the appeal as a party to the appeal.

A person to whom a notice of appeal is required to be given under section 482 and
who is not the respondent or a co-respondent for the appeal may elect to be a co-
respondent.

For an appeal under section 465—

(a) the assessment manager is the respondent; and

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SPD-0414-6764

(b) if the appeal is started by a concurrence agency that gave the assessment
manager a notice under section 3885—the person asking for the extension the
subject of the appeal is a co-respondent; and

(c) any other person given notice of the appeal may elect to become a co-
respondent.

(10) For an appeal under section 466—

(a) the responsible entity for making the change to which the appeal relates is the
respondent; and

{b) if the responsible entity is the assessment manager—

(i) if the appeal is started by a person who gave a notice under section 373 or
a pre-request response notice—the person who made the request for the
change is a co-respondent; and
(ii) any other person given notice of the appeal may elect to become a co-
respondent.
(11) For an appeal under section 467, the respondent is the entity given notice of the
appeal.

488 How an entity may elect to be a co-respondent
An entity that is entitled to elect tobe a Co-respondent to an appeal may do so,
within 10 business days after notice of the appeal is given to the entity, by following
the rules of court for the election.

490 Lodging appeal stops particular actions

(1) If an appeal, other than an appeal under section 465, 466 or 467, is started under
division 8, the development must not be started until the appeal is decided or
withdrawn.

(2) If an appeal is about a condition imposed on a compliance permit, the development
must not be started until the appeal is decided or withdrawn.

(3) Despite subsections (1) and (2), if the court is satisfied the outcome of the appeal
would not be affected if the development or part of the developmentis started

woes —= === before the-appeal is-decided, the court mayallow the development or part of the

development to start before the appeal is decided.

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20067862

 

Su nshine Coast Referral Agency Conditions |

Regional Council | INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

 

‘SCRE CORRESPONDENCE

NUR

 

Assessment Manager Ref 2006/8662
AppleantReference 00510 LOB LF

DERM Reterence Ico7osNaMoo1s NooTe2 _ $0086636 Queensland
Government
410 February 2010
Chief Executive Officer
Sunshine Coast Regional Councit Eihronntent and Resource
Locked Bag 72 Management

Sunshine Coast Mail Centre Qld 4560

Attention: Monkeith Kadhum

 

Dear Sir/Madam

APPLICATION FOR RECONFIGURING A LOT OVER LOT 26 SP104706, 1270
MCKINNON DRIVE, RINGTAIL CREEK —- SUNSHINE COAST REGIONAL COUNCIL —
REFERRAL AGENCY RESPONSE .

The Chief Executive of the Department of Environment and Resource Management
(DERM) advises*hat the Referral Agengy Response for the above mentioned application,
prepared pursuant to section 3 3 16 of the /ntegrated Planning Act 1997 (IPA), is enclosed
A copy of the Referral Agency Response has been sent to the applicant

DERM issued a Notice for Consideration of Land Surrender dated 20 May 2009 which
suspended the IPA time-frame This Response effectively restarts the {time-frame from date
of issue :

DERM looks forward to receiving a copy of the Decision Notice for the application in dus
course

Should you have any questions, please contact Kern Milner on 5451 2256, quoting
reference number {CO706NAM0013

Yours sincerely

ae

Daniel Leo
AlSenior Officer (Planning and Development)

Nambour — South East Region
Authonsed Delegate

Encl Referral Agency Response

Department of Envsonment and Resource
Management

Gentenary Squave Busdng,

Curne Stat, Nentbour O 4550

PO Box 873, Nambour Q 4550

Yelophono + 61 7 6451 2222

Facsimle + 61 7 645 2260

Website ww derm ald gov au
ABN 83 705 639 586

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Department of Environment and Resource

Management (DERM) — Referral agency response
Given under Section 3 3 16 of the Integrated Planning Act 1997 (Qid) for the
Vegation Management Act 1999

1. Application dotaile

Appheant's mame Jo Franz.
4 Property description Lot 26 on SP104706
13 Development type Reconfigaring a Lot (Ral)
14 Assessment manager Sunshine Coast Regronal Council
15 Assessment manager reference — 2006-862
16 Referral date 20 February 2009
17 DERM references eLVAS — 200600658

Trackjob — 1CO706NAM0013

2. Concurrence agency response —
Fhecvincfexecutiveo?

DERM directs the assessment manager totnctude the
following conditions many development approval giver for the application
~—~Aibresidences and-associated buildumes arto by setback forty metres or more

fronrtemnent-vegetation shown on the Annotated StePtan—
=~ Albneveaitotment-troomhries are to be setback ter metres or morc trom
Tennant vegetation shown on the Annoteted-Srte- Pierre

— This epprovaldees not provide any authority-inder-theFegetatior
Monagement Act 1999-and-the-tntegrated Planning det 1997 to-cleer
~vegetntion,

Clearing of native vegetation as a result of this reconfiguring a lot development must not

ocur on the land within fie area shown as Area A on Referral Agency Response

(Vegetation) Plan RARP-SPD-04 14-006764 unless the clearing s—

« Residential clearing as defined under the Sustainable Planning Regulation 2009.

« Essential management clearing including firebreaks associated with new
infrastructure.

© One access track! driveway to service the single residence.

« By fire under the Fire and Rescue Service Act 1990 to reduce hazardous fuel loads or
an activity under the Fire and Rescue Service Act 1990, section 53, 68 or 69: or

© Where it's necessary to remove or reduce the imminent risk that the vegetation poses
to serous personal injury or damage to property.

Attachment: Referral Agency Response (Vegetation) Plan-RARP SPD-0414-006764

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3. Reasons for the concurrence agency response :
Reeunfigurmng a fot Rats astgist 2007 (RAL Policy).
‘Fhe property supports large nrens of pemnant-yegeretion:
These areas-are shown on the cortified Regional Eeosyntem Map,
The removal of verctahon within there areas is regulated under-the authority of

+— ensure that filo cleanng of remnant-vegetation is net necessitated by the
prosurnty-oFfrastrwcture to it; and

—any development approval remeins-eonaisient with the RAL Polioy:

The reasons for the inclusion of these conditions are:
e To ensure that the development remains consistent with module § of the State
Development Assessment Provisions (SDAP) 11 April 2014.
* The original conditions have been amended to allow residential clearing, firebreaks
and an access track in the mapped remnant vegetation.

Findings on material questions of fact
Pend ee ee nt eaten as shaun on te
Regulated Vegetation Management Map.
. Minor clearing of 0.4ha will occur in the of concem regional ecosystem 12.3.2
e Areview of the application finds that the proposed change wall comply wath all
performance outcomes in the SDAP module 8.
Evidence or other material on which the findings were based:
e Change of Existing Approval Application
«  Onginal DNRM Concurrence Agency Response 2006/006583. including the

SDAP Module 8 version 1.2 dated 11 April 2014

Google Earth image dated 24 October 2013
ONRM land resource data—

Mosaic mga56 2013 ecw image
Dominant Soils, Slope and 100K Contours

fy

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Page 2 of 4
DERM ~ Referral Agency Response 2006/006583

5. Definitions
Underlined terms have been defined—Schedule A — Glossary

6, Delegated officer signature

Andrew Collins

Senior Vegetation Management Officer
South East Region, DERM

20 May 2009

Attachment 1 Schedule A — Glossary

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20067862

 

Schedule A — Glossary

Clearing, for vegetation
* means remove, cut down, ringbark, push over, poison or destroy in any way
including by buming, flooding or draining, but
s does not include destroying standing vegetation by stock, or lopping a tree

Regional Ecosystem means a vegetation community m a bioregion that 1s consistently
associated with a particular combination of geology, landform and soil

Regional ecosystem map—

regional ecosystem map means 4 map—

(a) certified by the chief executive as the regional ecosystem map for a particular’
area, and

(b) maintained by the department for the purpose of showing, for the area—
(i) remnant endangered regional ecosystems, and
(i!) remnant of concern regional ecosystems, and
(iti) remnant not of concer regional ecosystems, and
Gv) numbers that reference regional ecosystems.

A regional ecosystem map includes any amendment to the map included ina
schedule to the map and certified by the chief executive as an amendment to the

"map at the day the amendment 1s certified.

Regional ecosystem maps can be viewed at DERM offices or by accessing the
following mternet address:

http://Ayww.epa.qld.gov.an/pature_conservation/biodiversity/regional_ecosystems/in
troduction_and_status/Regional_Ecosystem_Maps/#lot

Remnant vegetation means the vegetation mapped as being within a regional
ecosystem shown on the regional ecosystem map.

Vegetation is a native tree, shrub or plant other than grasses and non-woody herbage

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ed Reference Points
All GPS points continue sequentially when labels are not shown

Parcel
A
A
A

7089249,
7089161
7089186
7089217
7089202
7039174
7089163

497890
497906
497932
497576

7089172
7089152
7089113
7088727,
7089002 498003,

agsco1_| 7088757
497995,

A
A
A
A
A
A
a
A
a
A
A
A
A
A
A
a
a
A
A
A

24
sp108708

| 8
RERBHO

0
‘ 4s
AP2t6H0 Re2t8140

1
Re13«086

 

SCALE 1:5000 A3 paper size . si he The property boundaries shown on this plan are
SCALE @A3 pap Note: Derived erence pins ar Provided PROXIMATE ONLY. They are NOT an accurate
0 50 100 200 300 400 500 m assistin the location of the Referral representation of the legal boundaries.
Agency Response boundaries. Responsibility :
for locating these boundaries lies solely with - ir fe
Projection: UTM (MGA Zone 56) Datum: GDA94. the landholder and delegated contractor(s). Me ith Refertot Agana Posen, oe Sree ere 4

 

 

 

 

 

LEGEND
© Derived Reference Points for GPS Referral Agency Response (Vegetation) Plan
. Plan of all Area A in Lot 26 on SP104706

[| saunjectvots)

. Area A - specific conditions apply - see N Queersand

ZA Referral Agency Response SPD-0414-006764 sm

for details

CENTRE: GYMPIE REGION: SOUTH
LOCALITY OF RINGTAILCREEK LOCAL GOVT: NOOSA SHIRE RARP
Map Reference: 9445 Compiled from: DDB, PYMP & NRO Notes SPD-0414-006764
Fie Reference: VAS 2014/002464 Propared by: LNO Date: 19 May 2014 Sheet 1 of 1

 

 

 

 

 

 

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