Council archive · source document
SUPERSEDED Negotiated Decision Notice - 010.2010.00000627.001 [As Published] · 152010.627
Officer: Tracy Jones
Direct Telephone: (07) 5449 5228
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2010/627
Your Reference: M2358-17
1 November 2010
Scanlon Property Group
CARE Jones Flint & Pike Pty Ltd
PO Box 6
MAROOCHYDORE QLD 4558
Dear Sir
Negotiated Decision Notice
Sustainable Planning Act 2009
I refer to your application and the representations you made in respect to the Decision Notice. On
29 October 2010 Council decided your representations.
Details of the negotiated decision are as follows:
1 APPLICATION DETAILS
Application No: 2010/627
Street address: 215, 215A, 217 & 219 David Low Way PEREGIAN BEACH
Real property description: Lots 8, 9 & 10 P9315 and Lot 76 MCH 2969
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 13 September 2010 decided to issue the following type of approval:-
Development Permit for Reconfiguring a Lot - 4 lots into 1 into 3 lots
In relation to representations, Council decided to:
A. Amend the Decision Details to read:
Development Permit for Reconfiguring a Lot - 4 lots into 1 into 3 lots and Volumetric Easement
B. Agree to amend Conditions 1, 5 & 13.
C. Refuse to change Conditions 10 & 20
D. Amend Conditions 20, 24 & 26.
E. Advise the applicant that the incorrect numbering of the Decision Notice has been rectified
commencing from original Condition 27.
F. Issue a Negotiated Decision Notice.
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
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4 ASSESSMENT MANAGER CONDITIONS
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and as
may be amended by these conditions.
Plan / Document No. Issue. Plan / Document Name Date
M2358-00-03 C Reconfiguration Plan prepared by 14 October 2010
Jones Flint & Pike
Plan of Survey
2. In conjunction with the lodgement of the Plan of Survey for Council endorsement, legal
documentation must be presented to Council and must be submitted in the correct form with
the fees prescribed in Council's adopted fee schedule.
3. All outstanding rates and charges due and payable to Sunshine Coast Regional Council in
respect of the lots being reconfigured must be paid prior to endorsement of the Survey Plan.
4. Any changes required by Council’s Solicitor must be attended to prior to endorsing the Plan of
Survey. Any necessary Titles Office forms requiring the consent of Council is to be submitted
prior to the endorsing of the Plan of Survey.
Parkland Restoration and Dedication
5. Upon registration of the Plan of Survey, the relevant land required to be dedicated for park
purposes, as indicated on drawing M2358-00-03/C and as may be amended by findings from
other conditions of this Permit), shall be dedicated to the Crown (with Council as Trustee) for
parkland for environmental protection purposes pursuant to the Land Act 1994 at no cost to
Council.
6. An Ecological Restoration Plan for the Parkland shall be prepared in accordance with the
requirements of Council’s Planning Scheme Policy PSP18 Ecological Assessment Guidelines
and submitted for Council approval prior to sealing the plans of survey. The park areas of the
site shall be revegetated and rehabilitated in accordance with the Council approved Ecological
Restoration Plan.
7. The Ecological Restoration Plan shall be prepared by a qualified and experienced Ecologist, to
the reasonable satisfaction of the Council. The Ecological Restoration Plan (ERP) shall be
applicable to the portion of the site to be dedicated to Council as Parkland and address
environmental weed removal and control, rehabilitation of existing vegetation communities and
revegetation strategies for degraded areas of the area of the site to be dedicated as parkland.
It shall identify all the areas of the park that require ecological restoration, specify actions and
works necessary to result in robust, self-sustaining, viable indigenous plant communities and
habitat. The ERP shall aim to revegetate the park areas with suitable native species to
resemble the local endemic ecosystem by removing all noxious and environmental weeds
from the site and include the planting and maintenance requirements of the Council approved
Bushfire Management Plan for the site. The ERP shall detail continual maintenance
requirements for a 1 year period (the maintenance period) to enable the revegetation and
rehabilitation works to be self-maintaining. To this extent Council’s Coordinator of
Environment and Landscaping must be consulted during the preparation of the plan.
8. The following, inter alia, shall be addressed and included in the Ecological Restoration Plan
and specifications:
8.1 document the current status of the areas requiring ecological restoration in terms of
structure, floristics, missing elements, health, vigour, etc.;
8.2 specify the required works and actions for each area in terms of:
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8.3 site preparation (this may include thinning, grass removal, weed removal and control,
etc.);
8.4 establishment of the missing floristic and structural elements;
8.5 creating opportunities for regeneration from the seed bed, natural recruitment and the
establishment of wildlings;
8.6 habitat creation and reinforcement for native fauna and reinforcement of habitat
linkages and corridors;
8.7 planting and mulching procedures;
8.8 fertilizing procedures;
8.9 watering procedures;
8.10 protection from wildfire, particularly during the establishment phase;
8.11 erosion and sediment control;
8.12 on-going maintenance;
8.13 access for maintenance;
8.14 environmental safeguards; and
8.15 incorporation of the relevant requirements of all the management plans required by this
approval, particularly the Bushfire Management Plan and Koala Management Plan.
9. All Class 1, Class 2 and Class 3 pest plants declared under the Land Protection (Pest and
Stock Route Management) Act 2002 must be controlled on the entire site prior to Council
endorsement of the plan of survey. In this context “controlled” shall mean, for class 1 and 2
pests, completely eradicated. For class 3 pests it shall mean removal of the plants where they
threaten environmentally significant areas of the site such as riparian zones and areas of
natural vegetation.
10. A wire fauna fence shall be erected around the perimeter of the park areas to be protected
and restored, prior to construction activities commencing on site. The fauna fence will have
signs attached restricting entry to authorised persons only.
11. The contract for the Ecological Restoration work shall specify a 1 year maintenance period
from the date restoration works are completed by the contractor to the reasonable satisfaction
of the Council’s Coordinator of Environment and Landscaping, by which time the ecologically
restored areas should be self-sustaining. It shall also be weed-free to the satisfaction of the
Manager, Council’s Coordinator of Environment and Landscaping. The applicant must provide
Council’s Coordinator of Environment and Landscaping with a certification from a suitably
qualified person confirming that management of weeds within the park area complies with the
requirements of the Land Protection and Stock Route Management Act.
12. All the relevant ecological restoration works and actions shall be undertaken by the Developer
and completed prior to dedication of the park areas to Council.
Easements
13. The applicant shall create a volumetric easement for access and car parking purposes over
the basement of Lot 1, excluding the area nominated as exclusive use of Lot 1, in favour of Lot
2 for vehicular access and car parking purposes.
Power Supply
14. An electricity service shall be provided to Lots 1 and 2.
15. In this regard, an approved ENERGEX Electrical Design Consultant shall be engaged to
prepare detailed designs of the electrical proposal.
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16. The detailed designs shall then be submitted to ENERGEX for approval and a copy of their
approval submitted to SCRC in conjunction with a “Certificate of Electricity Supply for
Proposed Subdivisions” (prepared by an approved ENERGEX Electrical Design Consultant)
prior to SCRC endorsing the Plan of Survey.
17. 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.
Telecommunications
18. The requirements for TELECOMMUNICATION services shall be satisfied in relation to the
provision of new telephone services to Lots 1 and 2. In this regard written confirmation from
an approved telecommunication agency shall be submitted to the Council prior to Council
endorsing the Plan of Survey.
Landscaping
19. Existing trees on the site and within the road reserve are to be retained, except where required
to be removed due to building operations or conduct the approved use.
General
20. The relevant period is two (2) years from the day this permit takes effect and ends on
29 October 2012, during which time all conditions must have been compiled with, and the
Plan of Survey lodged with Council for endorsement
21. Any damage caused to any public utility during the course of construction shall be repaired to
Council’s standards and at no cost to Council.
22. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
23. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to or
from the site shall be covered to prevent materials including dust being windblown from the
vehicle.
Water and Sewerage
24. Reticulated water must be provided to the community title development. This must include:
24.1 The Community title Statement to state that the internal water service to lots 1 and 2 be
privately owned and managed by the Body Corporate.
24.2 A new 150mm diameter DICL watermain must be constructed from the existing 100mm
diameter AC watermain in David Low Way to the development, and for the full frontage
of the development site. The works must be completed prior to placing construction
materials or site offices adjacent to the water main alignment.
24.3 An approved water meter for each lot in accordance with Unitywater Standard Drawings
SCW 350,355 and 360.
24.4 Proposed lot 3 is to be dedicated council open space and is not subject to development
and therefore water services will not be required.
25. Proposed lot 3 is to be dedicated council open space and is not subject to development and
therefore water services will not be required.
26. Reticulated sewerage must be provided to the community title development. This must
include:
26.1 The Community Title Statement to state that the internal sewer service to lots 1 and 2
be privately owned and managed by the Body Corporate.
26.2 The existing 150mm sewer and manholes located within the development site is to be
disused and a new sewer is to be constructed following a standard alignment to the
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property boundary and in accordance with the council planning scheme. These works
are to be submitted with the associated operational works application.
26.3 Proposed lot 3 is to be dedicated council open space and is not subject to development
and therefore sewer services will not be required.
27. Retaining walls running horizontally to sewer mains are to be 1.5m clear of the sewer.
Retaining walls crossing the sewer are to be free standing and self supporting for a minimum
of 1m both sides of the sewer main.
28. The level of the existing sewer access chamber must be adjusted to suit the proposed finished
surface levels. Work must be undertaken by Unitywater at the applicants cost.
29. A minimum clearance of 1.5 metres must be maintained between Unitywater sewers and
proposed building envelopes, buildings and other structures.
30. A 3.0 metre wide easement must be provided over all Unitywater sewers located in private
property. A 4.0 metre wide easement must be provided over Unitywater sewers greater than
3.0 metres deep (where approved by Unitywater). Easements must be located centrally over
the main.
31. Written approval to enter and construct must be obtained from the owners of properties
through which external sewers will traverse, and be submitted with lodgement of the
associated development application for Operational Works
32. Stormwater retention systems and gross pollutant traps must maintain a minimum clearance
of 1.5 metres from Unitywater water supply and sewerage infrastructure.
33. Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater
water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within
these clearances must be low growing when mature and suitable Unitywater approved
varieties.
34. Construction works undertaken in the vicinity of Unitywater water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs associated
with repair, replacement or alteration of infrastructure must be met by the applicant.
35. Connection to the Unitywater existing water supply and live sewerage system must be
undertaken by Unitywater at the applicants cost. Please contact Unitywater for quotation.
Infrastructure Policy
36. 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;
(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.
37. 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.
38. 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.
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5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Reconfiguring a lot – Land Advice DERM
in or near a wetland Department of Environment
Reconfiguring a lot – Land Advice DERM and Resource Management
in or near a conservation Ecoaccess Customer
estate Service Unit
PO Box 15155
Reconfiguration of a Lot - Concurrence DERM
CITY EAST QLD 4002
Contaminated land
(unexploded ordnance)
Development in Interim Concurrence DIP Department of Infrastructure
Koala Habitat Protection and Planning
Area PO Box 15009
CITY EAST QLD 4002
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 No. Issue. Plan / Document Name Date
M2358-00-03 C Reconfiguration Plan prepared by Jones Flint 14 October 2010
& Pike
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 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.
2. 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.
3. 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.
Payment of infrastructure contributions and/or infrastructure charge notices will not be accepted by
credit card transaction.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.
Your attention is also directed to the fact that in addition to the requirements of the Building Code of
Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact
on the proposed building work:
(a) The Disability Discrimination Act 1992 (Commonwealth)
(b) Anti-Discrimination Act 1991 (Queensland)
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Sunshine Coast Regional Council recommends that the following matters be considered to address
equitable access and facilities in the building:
(a) The building and environs should be designed to meet the requirements of the Human Rights
and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2
(b) Applicants should be aware that a “Disability Standard on Access to premises” is currently
being developed and most likely will impose changes on the Building Code of Australia
(c) Any services and facilities in the building complex should allow independent, dignified and
equitable use of the services and facilities for all people.
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 (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 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
Not applicable.
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11 SELF ASSESSABLE CODES
Not applicable.
12 SUBMISSIONS
Not applicable.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.
14 RIGHTS OF APPEAL
You have continuing appeal rights in respect of Council’s decision on your application. A copy of the
relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
15 OTHER DETAILS
Should you wish to obtain more information about Council’s decision, electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
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Decision Notice History
13 September 2010 Original Decision Notice.
29 October 2010 - Negotiated Decision Notice with amendments to the Decision
Details and Conditions 1, 5, 13, 20, 24 & 26, refusal to change
Conditions 10 & 20 and rectification of condition numbering from
original Condition 30
Yours faithfully
Kerri Coyle
Coordinator Planning Applications - North
Enc: Appeal Rights
Referral Agency Response
Approved Plans/Documents
Infrastructure Contributions Advice Notice (Previously sent)
c.c DERM -Ecoaccess Customer Service Unit
PO Box 15155
CITY EAST QLD 4002
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Referral Agency Conditions
SUNSTAINABLE PLANNING ACT 2009 & SUSTAINABLE
PLANNING REGULATION 2009
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2010/627
Department of Levironment
and Resource Management
Sustainaile Planning Act 2009
DERM Permit’ number: PR 315387; AN 433415; SPAR 00567510
Aoseonment manager rofevonne | BoTeaT Ain Trey Jones
Date apotication recetred: 7 June 200
Prearenn it ty pears Aenwelkagaeneent, Apspecireant
Relowant twas and potiches: Emote! Pretechon dot (9M and any nolated atutuioey
imatuemenie ard cubortnate lgedivtion, Operabonnl Polley
Acisaaaig apghnatiorca Noe achoacae [willis cetnenadeie aiahoti
‘ond bentage places}
durteciictionisy:
Femonenfigane a Let «if ney pant of ther fot in extuanind in a wetted
Management anes amd the recontiguration rosuts mn more than & kits,
ce ony kt cewid as kee than Bho
Suatanabls Alani Regailaher O09 ~ Baredube 7, tale 2, dar 43
Feencertigaie: a Lot ~ if meg: gouert cd thee leet ro aetudied ot, G8 wether TOO
of, @ Cutan eile and the recoedignmetion neeulin in mnee thot
1) leptin, ot amen Re rene es tonne ht
Suntanadie Misining Mepudnhon S008» Gahecule T, table 2, mem 46
Devalopenant Descrigeion
Property tlocation Drentogen ant
20h, DIBA, 247 B19 {cite BR TO ce PRGTS ered | Raneettlgarasens af a Led — fot rete} Lote
‘Dharwad! Liew Wing, Hit 76 MCHOIS
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Ath oiceeiaticcd omy intents DA abel DS at Cee Bisatnartantion Waenmaray Pat AIG, he cman Abe ie artnaaan ae
* ape anuhatee boeawirn, SEHR, PHIRI, Bee aioe, di RECN, Aaeheltant ar deep arom hn Mtiter a Rvinarled Ly iepetitadicitt
salvrimiiened bey he Ceepatraent of Covered and Aegan Maragerend,
Page 1] CHIR
Cepeertrend of Dverarenent and Reerorce Managers, € Queensland Government
weer ae en was AM a Ma Sin a
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2010/627
DERM Permit ‘number: PR 315387; AN 433415; SPAR 00567510
condnons stated m de pannt saqured by Me adwoe agancy respovise for he apptoabon are aa fokows
The Assessment Manager mest consaier the potental mpects of the proposed development on the ecologeal
values of the wetland, the wetland eater quabty and, the wefand water eegene Development should ensure the
folowing outcomes
+ There ts no loss of wetland habéat and adverse umpacts from development are avosied If loss to the
wetland of achverse uneects are utavodable, loss and wneects are menerrnaed and clibets are
vestigated m order to acters no net oes of the unpected wetland vals,
© = The water quabty of any waters in and bnked tp the wettend & manntemed and managed to protect the
envronmertal values of the wetland and the water quabty ctyectwes sted under Schedule 1 of the
Enwroomestal Protectao (Water) Poly 2009 are acteeved
+ The esasting water regine (imciluding surface and groundwater) win and inked to a wetaed «
Managed to protect easing natural hydrologeal processes welten the weteed eccapstemn Thee includes
teafegueeding nature! fucteibons on sone and locaton of the wetiend, and retuning and sllowng for
regeneration of vegetsbon
To ensure that the proposed development is able to meet the above outcomes. the Assessment Manager Is
encouraged to consider the requirement for a Bufler area between any proposed works and Pe wetland A
wetland buffer has two components
* @SUPO area adacent to Ihe wetland that mantans and supports he enwwoemental values of he
wettend,
* «8 Seperebo ares around Ihe support sees Tal protects he wethend fromm exterral threats such as
sediment and nutent dectarge from surcundieg wnduse
‘The Assessment Manager should ensure that here is a suticernt buffer Gestance betesen any proposed works
and the referable wetland in order to mamntzen the ecologecal functoning and integnty of he wefand Suter
@stances should be mauumesed in order to mamtan essing beodwversity values, habitat connectraty and to
eraremesea edge affects
The apphcant ts to provde a report prepared and certified by a biologst or equivalent that demonstrates to the
sabefacton of fe axsesament masager thal there are no adverse mmpects on the ecological values and
funchoning of he area of ngndicance
Revegetabon of the Suffer o: recommended utteeng locally nate speces that reflect the pre-cisanng regors!
coosystem, wth preference green fo endermes speces Plants should be of local provenance where possile A
Rehatetabon’ Revegetabon Management Plan should stipulate a weed managemert strategy moluding weed
cortrel and plant masntenance over a mmwmum one year penod Conditioning of any approwal wath budding oF
development envelope(s) may also be a useful way to give formal effect to any required butler area
The Assessment Manager should consider requeing applicants to provde a Stormwater Managemert Plas to
demonatraie how stormwater, sediment and other run-off from the a¢e (axsoceted weth the constructon and
opersboral! phases of dewelopment) well be etlectrenty managed to priwect adverse empacts on wetland vals
Potertal enpacts ave to be addressed through mater sensitive urban design inching compliance wth South
East Queensiand Regroral! Pie 2009-2091 implementation Gudatne No 7 Water senstve urban cesT
desegn atyectves for whan stormwater management
Development should ensure tat
Page 2 of > Oft207 Coqatiereet of Grewereveet aad Ramenerce Mareen et
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2010/627 Page 13 of 19 [OCR of page images] 2010/627 DERM Permit number: PR 315387; AN 433415; SPAR 00567510 * adverse impacts on fhe funchoning and integnty of habetat and envwonmental walues contaned witun the conservaton estate are avoded, reremesed and mebgated, and * «the current extent and conmectaty ecthin and Between conservation estate areas 6 mantaned The Assecemen| Manager shoud eraure that there « a sulicent butler datance between any proposed works and the conservaton estate bouncary im order to mauntteen the ecologe-l functoreng and wttegrty of the conservation estaie Buffer astances should be maemeed in order to mamntan esting teodrversty values, hatetat consectvity and to manenese edge effects The buffer may also asset m eneunng that stormwater and waslewaler fom the development ste can be appropnately masaged to avod adverse unpects on the conservation estate Revegetaton of the butter is recommended wttrsing locally natve speoes that refect the pre-clearng regonal ecosystem, with preference given to enderes species Plants should be of local provenance where possible A Rehabétaton’ Revegetabon Management Plan should sapulate a weed management stategy including weed comrol and plant mantenance over a Metrum one year pened Newghbours to comservahon eviate need to lake seaponsdéty for keeping Gwelbngs and oer nirasbuctere near Queenstans Parks aed Wiidide Sense (QPWS) managed lands in a Condibcr Pett meremenen Gre mek, ard to Sppropnately ameboraie bght and nome mewes Consutsbon wth QPWS officers = recommended to ensure management otyectves of the conservation estate including fre management, emesgency service access and pest conbols are met A OP WS ‘Good Newhbour Policy’ may be of assistance and 1s available on the web at tp were Germ Git ooy AUMennCeS leecurces Oar details one ier =201 165 A new frarnwork for the management of umpacts on koalas anaeng from planewng and dewelapment nn SEO wil commence on 31 May 2010 Thee tenework inckiches State Pinning Poicy 2/10 Kowts Conservator « South Ese Quemstiend South East Queensiand Koes Consevystor State Panny Meguiwory Proves Potcy for Net Gam for Koote Hatvtet we SEQ Pokey for Stato Goverment Supported Communty intrastructure m SEQ Bodversty Doveropment Otset Areas Statutory Gudeiwe -—-—_— Celegate Simon Sorat Delegate for the Chef Executve adrrenmstenng he Coasta’ Protector and Management Act 1995, Envvormentet FProtecton Act 1994, Mature Canservenon Act 1992 Departmect of Enwronment ad Resource Maragement 1 duly 2070 Page Saf 3‘ Q91217 Cepartrert of Crvivsreect and Reszsrce Managerert Page 13 of 19
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2010/627 Page 14 of 19 [OCR of page images] 2010/627 Departerest of Environment and Resoutce Management Sustainatle Plenning Act 2008 | Astesamert manager reference: POH, anne ‘Dute apglicution ricuived: Gf Depry ate: Pernt type: Components Aapenainy Plecaaarcne Date of decision: BS dunes B00 Deowienc Fur 4 comouirence agency reaporme - Cortana us! ated tp ety dewatered appre Relevant laws and podicies: Eriviranneuii’ Mriateaen Act ae l Suantinntle Anting Act 2000 deutletetionny a: Aiecortigucation of a ket ~ Qontsenination of tenet by uneatinded ontuenon (UKE) - Sustains Panning Rinne die. Sahedve 7, tabi 2, tem 22rbp Devwtepenent Descristion(a} S18 RAAF, Sid Boaneld 8 IG oe T Hiei ed w let — VTge Rake 3 les Kipew Wihey, Phermegeers Bigatti PRI anne! Lat 70 on Plan MCHIOSS Reasanie] for inaueien of conditions lite mecchowidanices weet semctlonh 20 af the daustsamatee Jann Act A mend section Fi) of the Acts Inioreiaion Ais 1304, thee necmaentn) tine inclundion of ceometiones intend on ther permit roquined by the concumance apenty fiepenee forthe application ate os folie: La ee AR, NN Ca Sy tn sdeertecener! toy thet Decpares arr ¢y! fipeerceey ast Seemieetie tamer Page of ds SIT ” Ehaeairt nine aro ane nied Mieminutin Memegiernaent @ cucensiand Government Page 14 of 19
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DERM Peemit murber: (COB1GNAMO011
EXO is ueekiored 9 comteeeet ures Secton 11 of he Doorn Pretection Act 1954 (EP Act).
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seeaeieds naar pe teen Le emunemen amen Veet the Duferes weteen
pineal for detaits.
Delence advises thal dewelopsort ce bed use cetomng sropesals foe Ned sett @ “Sebematel sone sees onty
procmed Fobowsg te conduct of 00 wvestgeties and deerasce aclvives Delenos martars e lst of
caeemerctd LOCO iewentigadion ssc cerrecad seach connectors frat 4 accredits 29 cacry oral hea work.
Dckince ako recommencs fat oamers or ocoureent of sotennally affocied land and workers and contactors:
emniployed on the tind Gen to De aware of the procedure d & apes object & Hust
DERM © mlormed on the exieet of deeelopent that hen beer corned cul on ftw ele oo Gain. Bos uredersined
hat here © ne Enger seoced of UXO beeng found on seme cunng or ence fat ieeriapent
Jeng, CEPI hues nmonetly sexsaaned » (C0 contractor's neperl on ieeatigedive sasnciergy of venus parts of the
ate other than in the western porbsn of Lot 76 MOHEES. Fret report Goto 25 May 2040 by bsearch Fry Led,
‘was hited Fost Acthity Riopart (Certfosbor), Unaspieded Ordnance Search, Possgar Caravas Park.
‘ftuie che mevience io cate moiceine ee stn & untiesy to D6 aMincted ty LOCO, fe inevetgertres work cared cart
with detector equipenent by Ihe LIKO contractor was necessarty freted aad Perelors ioonchmee, Theeefore,
baad on Defence's mint evdtusion of 0D+utated risks im the s6e's locale, f & consifored ital eee may
ferent & pomebiity of LIXG Seng foured at kexat an part of
Aqoorhngly. an “Aasosameoct of a Protanmary Repeet Conoarning the Poteral Conan nation of Laret by
Uruploded Onduaeten: (LOCO) ted by DERM on 11 Aane 2010 in regard to fs ote acesed that coodmces
rraped apply tony denendopeeest of thee sche
Susiaihetve Planing Act 2009
Dupectnent of Errerosmert end Mescuecs Meregecvert
3 dane 2080
ar
Page 2 of 4* eet Geperionent of tordeerent aed Mawource Management
Page 15 of 19
Page 16
2010/627 Page 16 of 19 [OCR of page images] 2010/627 DERM Pernit number: ICOBIONAMO014 CONDITIONS The tohowing concurrence agmncy Conciions: ant In be wiiacteed to ay soprocee t Pray 35 de comenescestect of any dermorert- rected aurgration oartwetete or aod ceartecinn of he megiorn sorbed A Lot 70 MOHID40 teal hea raced Grdbeurteed by deeming wots or errtar activity to date and cescrived ether “Asaeaseent of w Poabrrinary faepon Concerning fe Poajal ‘Conteriranon cf Land by Litwepioded Oninasce (NCOs seued By DERM on 11 Jone 2010 fe mgard bo qu nie (the sotjoct dots}, hel Set 6 0 D6 Gaectad > apprepean gretehgates acl wtues ceeemery sterol acon. 2 Jany paraorcerepinyed to work on fe weeterm parton of Let 76 MCHD360 whore Condien T has: not been satisied or oe any cehor part of te site that DERM Irae net aaemmsaae! set being cheer of UX, ip tp: be dorawmeses et wring by he aap. Thee wercing 6 30 eopiain thet niseviatos avadsbie lo DERM naicalad a aight Sotertial foe neuchaad COND thoy Soll qo081 O6 Tho Sb and Work a hicb! Srocwad wath deal causert, 1 ot isortite the peaoedore te be Sciead by aily ceitses feicisg) ah atiect eapecind of being LID de canipecmet thereet: De ek distur tar ofpant, Tehe acten, where appropiate, + grevert a being datubed by aneiur peeeon. Note 2 appmedtans Gmina ond gens apOsorance. Hobe the sure bode eatin. Adeso Po Poise an sect as comtie 3 Tae: apobcart « to nietty OC ML of ser LIXO of can patect of expiceres otitaste und on te ale aa soot OS SommniS Sint Mich on chiect © Gaocewed * Polineng he cenpletas of Mt Gereelocenact-rolsted axcrvation. cuthweets oc sot cdistirhanse-ce the Getenes of the te. fe of pete nthe than che weetern cocien of Lat 7 MCHI0S0 described ai 1 whan a webes sulertent cigned by “to penmga: GOntiadtiin. Gio be orowddod by tha Gawweper OEM That Geno h lo adese Ie extant of 1) wi carnal works coeducied, 2) ary LOOT eotionce detected. dueng mach wicks ce beck themet DORM ty tn achenquenty adeno the Surnahere Coast Fragional Ceusele sexi ve anoficart of te aesscameni inregeed io ihe taacse sudaisdty of tad Selieses: 6 Fodoveg ocion inhen lo aately Casdinan 1 abou, he apbset bi oie a report, preoared scoordanne wih current guaran, to DEI ter asamisrract DERM bs to aieoquenty adesa te Seaeees Geant Pagans Soandl ant teagy tent Gncmmmmentenenren-cunean9 00g * Prior so Condition 4 net 5 tung aatiead sc mocevienc grave mck, mand of god is 1b be reaioned Boeri the ete thot wetion OER aporors, r The ap piSort & ib Geese thi Gwiher ad ay Gerakan Of tha eta of Pon bere peepee General comments of adelioe Bout anplicaties concernitg land potentialy affected ty UXO: Agpicont say vied DERM 'S weeeeke fpr jfaraw deer gil gor peg or Defeesen a wate: te wwe citooat.au au pry fer the detec of cater! UXO sreceiqaner: and mevedal search contacts SEF aecayes mers based on ineeengaiee o*d remodad mock cirhed Out by these onedemsors Eitiet pio ail Mmecal wien tn mete, Concticn | treaty restos serobeg seers regress wets deacon agupete! utker the ute of suck aqpapteet = Sort thers inwartartied try a LOC) contractor due tp te-estent of any peer monavaton or gartaecrka Of, Cotreermaly_ of gey fing grocosed 26: part of the deverocmen progran.o ee ee Page tota* — Deparreet of Racmeaeet ate Hee eeie Meagiernert Page 16 of 19
Page 17
2010/627 Page 17 of 19 [OCR of page images] 2010/627 DERM Permit number: (OO¢10NAMOG11 * prerted or made angractosite by the presence of 8 sructire, stockpie. natural bamer or metal wit. in fe lotier come, atieenetien ache: muy be appengessie to reinier thes tick In ho fest ngience For expla, whore che nos of cxposuee tp ary LO tux say exet © reduced by the oresence of a sirwcture of none tener, issuatoe of the stardand UXO warnng (sce Cancion 2) may suffice whike the sinahre, Mockpie or ‘tercer rere: ot piaoe. Vier w structure a to oe nectewerd of neciucnd oe genrl of the deowiagerecd gragra ee, prolachys ornceAeet, oorrmnensenss sath ary grenier risk Io-wtuch workers rregit! thee be oxpomnd, runy neat 350 considered. Progrece’se assessment wil be necessary whom such croumsacce: cet Urioss, a he cornpiebar of pratirrary works, here o éviGence then avadidiie to tre LOCO contractor that aery rasdenal emit oe coghgbls, te aus of dubection equipewed wil tyoicaly be requared to cunfien dee mwa ween ‘Where awestgation, slong wth any aateoquert ronedat action and assessreect, 16 t0 be Enpiemnerted by ‘Tepeet shale tae scteertionl | = hivviicapoid top Dow wees ts DERM siong wth o managemort pion for the propomsd work. Staged ewmetgaborderedksbon it moet Magy to be appacehie where devringe ect of eater, Suton ots (ete con prroant Grrunsirens nacht ot hose dcussed above) of Senadhactare sites 4 proposed. In such cates, DEAM's asscaamert of the report and adves: lo Gouned 9 regard to appeal of the dowuoament wil be dependent an ageanant wih the manajernart pian. Wheer Canton 1 tn be satietied by g whole ict or beoathectn deuinneet chpe Seg matjscied io Freeehgetion and ary necessary sarretial acter. DERM, based on the cuteaquert ee ee Se oa so beng menace oi nena remain. saree oe otto et Covel soooried Srerwen ‘ o ctimned born tha samerigaied Si ee ences fe oe came mae ino sos pu of ba balance. te tater cate, DERI riny reemaeea af of the batence or ihe spphcebte part's ae being crmfiected by UC Rarvesd Seavt, Pespect Marangee (U0) }~ Gegartnert of feeeoesant and Resource Pr OT) 6409612 Fax (07) 64 MET ened contariandacnd erm 4d gov. oe END OF CONDITIONS Page of 4" gyiztr Theperbrent of Retinal ent Keres Mormgerert Page 17 of 19
Page 18
2010/627
Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable (ii) the length of a period mentioned in
Planning Act 2009 (Chapter 6). section 341 for the approval.
(3) However, a submitter may not appeal if the
MATERIAL CHANGE OF USE, RECONFIGURING A submitter—
LOT & OPERATIONAL WORKS
(a) withdraws the submission before the
Division 8 - Appeals to court relating to application is decided; or
development applications
(b) has given the assessment manager a
461 Appeals by applicants notice under section 339(1)(b)(ii).
(1) An applicant for a development application (4) The appeal must be started within 20 business
may appeal to the court against any of the days (the submitter’s appeal period) after
following- the decision notice or negotiated decision
(a) the refusal, or the refusal in part, of a notice is given to the submitter.
development application; 463 Additional and extended appeal rights for
(b) any condition of a development approval, submitters for particular development
another matter stated in a development applications
approval and the identification or inclusion (1) This section applies to a development
of a code under section 242 application to which chapter 9, part 7
(c) the decision to give a preliminary approval applies.
when a development permit was applied (2) A submitter of a properly made submission for
for; the application may appeal to the court about
(d) the length of a period mentioned in section a referral agency’s response made by a
341;; prescribed concurrence agency for the
(e) a deemed refusal of the development application.
application. (3) However, the submitter may only appeal
against a referral agency’s response to the
(2) An appeal under subsection (1)(a), (b), (c) or
extent it relates to—
(d) must be started within 20 business days
(the applicant’s appeal period) after— (a) if the prescribed concurrence agency is the
(a) if a decision notice or negotiated decision chief executive (environment)—
notice is given—the day the decision development for an aquacultural ERA; or
notice or negotiated decision notice is (b) if the prescribed concurrence agency is the
given to the applicant; or chief executive (fisheries)—development
(b) otherwise—the day a decision notice was that is—
required to be given to the applicant. (i) a material change of use of premises
(3) An appeal under subsection (1)(e) may be for aquaculture; or
started at any time after the last day a decision (ii) operational work that is the removal,
on the matter should have been made. damage or destruction of a marine
plant
462 Appeals by submitters - general
(4) Despite section 462(1), the submitter may
(1) A submitter for a development application may
appeal against the following matters for the
appeal to the court only against-
application even if the matters relate to code
(a) the part of the approval relating to the assessment—
assessment manager’s decision about any 8 a decision about a matter mentioned in
part of the application requiring impact section 462(2) if it is a decision of the chief
assessment under section 314; or executive (fisheries);
(b) the part of the approval relating to the 9 a referral agency’s response mentioned in
assessment manager’s decision under subsection (2).
section 327.
464 Appeals by advice agency submitters
(2) To the extent an appeal may be made under
subsection (1), the appeal may be against 1 or (1) Subsection (2) applies if an advice agency, in
more of the following— its response for an application, told the
assessment manager to treat the response as
(a) the giving of a development approval; a properly made submission.
(b) any provision of the approval including— (2) The advice agency may, within the limits of its
(i) a condition of, or lack of condition jurisdiction, appeal to the court about—
for, the approval; or
Page 18 of 19
Page 19
2010/627
(a) any part of the approval relating to the 467 Appeals about changing or cancelling
assessment manager’s decision about any conditions imposed by assessment manager
part of the application requiring impact or concurrence agency
assessment under section 314; or (1) A person to whom a notice under section
(b) any part of the approval relating to the 378(9)(b) giving a decision to change or
assessment manager’s decision under cancel a condition of a development approval
section 327 has been given may appeal to the court
(3) The appeal must be started within 20 business against the decision in the notice.
days after the day the decision notice or (2) The appeal must be started within 20 business
negotiated decision notice is given to the days after the day the notice of the decision is
advice agency as a submitter. given to the person.
(4) However, if the advice agency has given the For Building Works Only
assessment manager a notice under section 532 Appeals by applicants
339(1)(b)(ii), the advice agency may not
appeal the decision. (1) If—
465 Appeals about decisions relating to (a) a person has been given, or is entitled to
extensions for approvals be given—
(1) For a development approval given for a a. an information notice under the
development application, a person to whom a Building Act about a decision
notice is given under section 389, other than a other than a decision under that
notice for a decision under section 386(2), Act made by the Queensland
may appeal to the court against the decision in Building Services Authority; or
the notice. b. an information notice under the
(2) The appeal must be started within 20 business Plumbing and Drainage Act
days after the day the notice of the decision is 2002 about a decision under
given to the person. part 4 or 5 of that Act; or
(3) Also, a person who has made a request under (b) a person—
section 383 may appeal to the court against a a. was an applicant for a building
deemed refusal of the request development approval; and r
(4) An appeal under subsection (3) may be b. is dissatisfied with a decision
started at any time after the last day the under the Building Act by a
decision on the matter should have been building certifier or referral
made. agency about inspection of
building work the subject of the
466 Appeals about decisions relating to
approval; the person may
permissible changes)
appeal against the decision to a
(1) For a development approval given for a building and development
development application, the following persons committee.
may appeal to the court against a decision on
(2) An appeal under subsection (1) must be
a request to make a permissible change to the
started within 20 business days after the day
approval—
the person is given notice of the decision.
(a) if the responsible entity for making the (3) If—
change is the assessment manager for the
application— (a) under the Building Act, a person makes
an application other than a building
(i) the person who made the request; or
development application to a local
(ii) an entity that gave a notice under government; and
section 373 or a pre-request (b) the period required under that Act for the
response notice about the request
local government to decide the
(b) if the responsible entity for making the application (the decision period) has
change is a concurrence agency for the passed; and
application—the person who made the (c) the local government has not decided the
request.. application; the person may appeal to a
(2) The appeal must be started within 20 business building and development committee
days after the day the person is given notice of against the lack of the decision and for
the decision on the request under section 376. the committee to decide the application
(3) Also, a person who has made a request under as if it were the local government.
section 369 may appeal to the court against a (4) An appeal under subsection (3) must be
deemed refusal of the request. started within 20 business days after the end of the
(4) An appeal under subsection (3) may be decision period..
started at any time after the last day the
decision on the matter should have been
made.
19 of 19
Used in these records
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