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Decision Notice - Change to an Existing Approval - 010.2008.00001616.002 [As Published] · 172008.1616.02
Officer: Glen Conforti
Direct Telephone: (07) 5449 5379
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/1616
Your Reference:
27 April 2009
Mr Noel Bloxsome
11 Arkana Drive
NOOSA HEADS QLD 4567
Dear Sir
Change to an Existing Approval
Integrated Planning Act 1997
I refer to your request to make a change to an existing approval. On 27 April 2009 Council decided
your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 2008/1616
Street address: 11 Arkana Drive, Noosa Heads
Real property description: Lot 71 RP 94023
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 23 December 2008 decided to issue the following type of approval:-
Preliminary Approval for Building Works – Alterations & Additions to Detached House
In relation to the request to make a change to the existing approval, Council on 27 April 2009
decided to:
A. Approve a change to Condition 1
B. Include an additional condition
C. Issue a Change to an Existing Approval
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development: -
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2008/1616
Plan / Document No. Rev. Plan / Document Name Date
Sheet 2 3 Lower Floor Plan – Garlandesign 12 April 2009
Sheet 3 3 Upper Floor Plan – Garlandesign 12 April 2009
Sheet 4 3 Northern Side Elevation – Garlandesign 12 April 2009
Sheet 5 3 Western Rear Elevation & Eastern 12 April 2009
Front Elevation – Garlandesign
Sheet 6 3 Southern Side Elevation – 12 April 2009
Garlandesign
Sheet 7 3 Longitudinal Section A.A & Cross 12 April 2009
Section B.B – Garlandesign
Sheet 8 3 Roof Plan – Garlandesign 12 April 2009
and may be amended by these conditions and annotations on the plans.
2. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
3. Earthworks required on site shall be carried out in accordance with Council’s Planning
Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or concentrate or direct overland flow on to an
adjoining property.
4. The garage shall not exceed 8.0 metres above natural and finished ground level.
5. A verification survey of the garage is to be carried out by a Licensed Surveyor and a certificate
lodged with Council at completion of work confirming compliance with the maximum allowable
building height as required by either the conditions of approval or the Planning Scheme.
6. Existing trees on the site and within road reserves are to be retained, except where required to
be removed due to building operations or the conduct of the approved use.
7. All other vegetation shall be protected from interference resulting from clearing or construction
activities by:
7.1 Clearly marking vegetation to be retained with flagging tape;
7.2 Installing protective fencing around the drip line of the vegetation;
7.3 Low impact construction techniques are used around vegetation to minimise
interference with the vegetation.
8. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
8.1 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.
8.2 Disposal for firewood.
8.3 Disposal for landscaping purposes.
8.4 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.
8.5 The Applicant is advised that other methods may be considered provided full details of
the method are submitted.
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8.6 The applicant is advised that burning off is an unacceptable method of disposal.
9. Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for building works. The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit.
10. Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) shall
not be constructed under overhead electricity transmission lines, or within any easements.
11. A geotechnical report, prepared by a registered professional engineer shall be obtained, and
shall either:-
11.1 Certify that the site is not at risk from landslide emanating from the site or from other
land; or
11.2 Identify methods of stabilising all buildings, accessways and uses areas; and where
the geotechnical report identifies methods of stabilising buildings, accessways and
uses areas. The development shall implement those methods, which are
recommended.
12. Screening vegetation consisting of native, endemic species with a mature height of not less
than the building height shall be planted in the void area between the driveway and walkway in
accordance with Council’s Landscaping Guidelines.
13. Sediment and erosion control measures must be in place prior to building work. If such
measures are not in place or are not satisfactory, ‘on the spot’ fines may be issued. Such fines
can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system or natural waterways.
Currency
14. The Preliminary Approval lapses if work has not been completed by 23 December 2010,
unless an application to extend the currency is approved by Council.
Additional Condition
1. Screening vegetation consisting of native, endemic species with a mature height of not less
than the garage height shall be planted to the southern boundary adjacent the garage in
accordance with Council’s Landscaping Guidelines.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
Sheet 2 3 Lower Floor Plan – Garlandesign 12 April 2009
Sheet 3 3 Upper Floor Plan – Garlandesign 12 April 2009
Sheet 4 3 Northern Side Elevation – Garlandesign 12 April 2009
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Sheet 5 3 Western Rear Elevation & Eastern 12 April 2009
Front Elevation – Garlandesign
Sheet 6 3 Southern Side Elevation – 12 April 2009
Garlandesign
Sheet 7 3 Longitudinal Section A.A & Cross 12 April 2009
Section B.B – Garlandesign
Sheet 8 3 Roof Plan – Garlandesign 12 April 2009
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:-
1.1. On a Sunday or public holiday, at any time; or
1.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
2. Prior to the commencement of the development, a plumbing assessment must be obtained
from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage
Act 2002 (as applicable).
3. The site is identified as a Koala Living Area under the Nature Conservation (Koala)
Conservation Plan 2006 and Management Program 2006-2016 and may contain koalas. The
use of a Koala Spotter is encouraged in areas where koalas are likely to occur, prior to the
removal of Angophora, Corymbia, Eucalyptus, Lophostemon and Melaleuca species. Further
information can be obtained from the Environmental Protection Agency at
<http://www.epa.qld.gov.au> or Ph. (07) 32278185.
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
A preliminary approval under section 3.1.6 of Integrated Planning Act 1997 has been granted and as
such the level of assessment and applicable codes for any development approval resulting from this
approval are identified in the conditions.
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10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All Building Works
11 SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Detached House Driveways Code
12 SUBMISSIONS
Not applicable
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
15 OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Decision Notice History
23 December 2008 - Original Decision Notice.
27 April 2009 - Approved Change with
amendment to Condition 1
and inclusion of an
additional condition.
Yours faithfully,
Denis Wallace
SENIOR PLANNING OFFICER
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
for the application are not available against the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of its
may appeal to the court against any of the following- jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application if-
application; (a) the development application involves impact
(b) a matter stated in a development approval, including assessment; and
any condition applying to the development, and the (b) the advice agency told the applicant and the
identification of a code under section 3.1.6;1 assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a relevant period; days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must be Appeals for matters arising after approval given
started within 20 business days (the “applicant’s appeal
(co-respondents)
period”) after the day the decision notice or negotiated
decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of the
(3) An appeal under subsection (1)(e) may be started
following notices have been given may appeal to the
at any time after the last day a decision on the matter
court against the decision in the notice-
should have been made.
(a) a notice giving a decision on a request for extension
Appeals by submitters
of the relevanrt period for an approval;
4.1.28.(1) A submitter for a development application may
(b) a notice giving a decision on a request to make a
appeal to the court about-
minor change to an approval.
(a) the giving of a development approval, including any
(2) The appeal must be started within 20 business
conditions (or lack of conditions) or other provisions
days after the day the notice of the decision is given to
of the approval; or
the person.
(b) the length of a relevant period for the approval.
(3) Subsection (1)(a) does not apply if the approval
(2) The appeal must be started within 20 business resulted from a development application (superseded
days (the “submitters appeal period”) after the day the planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to application under a superseded planning scheme.
the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be started at
(4) If an application involves both impact assessment any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are should have been made.
available only for the part of the application involving
impact assessment. Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application (no co-respondents)
are available only for the aspects of the development that 4.1.31.(1) A person to whom any of the following notices
would have required public notification under the have been given may appeal to the court against the
repealed Act. decision in the notice-
(a) a notice giving a decision on a request to change or
cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override local
planning instrument)
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2008/1616
(b) a notice under section 6.1.442 giving a decision to (c) the decision to give a preliminary approval when a
change or cancel a condition of a development development permit was applied for;
approval. (d) the length of a period mentioned in section 3.5.21
(2) The appeal must be started within 20 business relevant period;
days after the day the notice of the decision is (e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
(3) Also, a person who has made a request started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the period”) after the day the decision notice or negotiated
court against a deemed refusal of the request. decision notice is given to the applicant.
(4) An appeal under subsection (3) may be started at (3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the at any time after the last day a decision on the matter
matter should have been made. should have been made.
Appeals against decisions to change approval conditions The Registrar for the Building and Development
under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(a) the decision; or (1) This section applies to a person who has been
(b) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the
(a) whether a charge in the notice is so unreasonable
decision or the conditions applied. that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the have imposed it; or
applicant.
(b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to charges schedule or regulated State infrastructure
development applications charges schedule.
Appeals by applicants
4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval, including
any condition applying to the development, and the
identification of a code under section 3.1.6;3
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override local
planning instrument)
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