Skip to the record
The gold standard in government transparency.

Council archive · source document

Compiled Decision Notice 132002.220611.4 14 Serenity Cl Noosa Heads

of 16

Text shows just the words. Original shows the document exactly as it was published.

                                          Officer:            Denis Wallace
                                          Direct Telephone:   07 5329 6239
                                          Fax:                07 5329 6501
                                          Our Reference:      DWALLACE:132002.220611.4
                                          Your Reference:     tba
14 April 2014



CBD Settlers Cove Pty Ltd
PO Box 1923
NOOSA HEADS QLD 4567


Dear Sir/Madam

                             Compiled Decision Notice
                               Sustainable Planning Act 2009

I refer to your request to extend the relevant period of an existing approval. On 11 April 2014,
Council decided your request.

Details of the decision are as follows:
1      APPLICATION DETAILS

Application No:                 132002.220611.4
Street Address:                 14 Serenity Cl NOOSA HEADS QLD 4567
Real Property Description:      Lot 8 SP 195871 (formerly part of Lot 4 SP 100064)
Planning Scheme:                The Noosa Plan (23 May 2011) 16 September 2013
2      DECISION DETAILS
Council on 24 August 2005 decided to issue the following type of approval:
       Development Permit for Material Change of Use of Premises - Multiple dwellings 23
        units

Date         Application No     Details
09/06/2005   23120 DA           Original Decision
24/08/2005   23120 DA           Negotiated Decision with amendment to Conditions 26 & 60.7,
                                addition of Condition 60 and deletion of Condition 14
10/06/2010   2002/220611.2      Change type of Development Permit to Multiple dwelling - 21 Units,
                                amendment to Conditions 1, 6, 11 (extending the relevant period to
                                4 November 2011), 17, 18, 21-26, 50 and Advisory Note 1, addition of
                                Condition 70 and Advisory Notes 7 & 8
21/12/2011   132002.220611.3    Change type of Development Permit to Multiple dwelling - 22 Units,
                                amendment to Conditions 1, 11 (extending the relevant period to
                                4 November 2015), 23, 24 & 26 and Advisory Notes 1 & 8, addition of
                                Conditions 71-79 and Advisory Notes 9-11
11/04/204    132002.220611.4    Amendment to Condition 11 extending the relevant period to
                                4 November 2017


                                                                                    Page 1 of 16
Full text of the other 15 pages

Page 2

                                                                              132002.220611.4




In relation to a request to make a change to the existing approval, Council on 10 June 2010
decided to:
A.   Approve a change to Conditions 1, 6, 11, 17, 18, 21, 22, 23, 24, 25, 26 & 50 and
     Advisory Note 1.
B.   Include additional Condition 70 and Advisory Notes 7 & 8.

In relation to a request to make a change to the existing approval, Council on
21 December 2011 decided to:
A.   Approve a change to Conditions 1, 11, 23, 24 & 26 and Advisory Notes 1 & 8.
B.   Delete Conditions 43, 44 & 45
C.   Include additional Conditions 71-79 and Advisory Notes 9-11.


In relation to the request to extend the relevant period of the existing approval, Council on
17 April 2014 decided to:
A.   Approve a change to Condition 11 extending the relevant period for 2 years to
     4 November 2017.


3    RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval finishes on 4 November 2017.


4    CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

LAND USE

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 No.       Rev.   Plan / Document Name         Drawn By                Date
      2937/DA/03     1      Site Plan Level 1            Blackburne Jackson      28/10/11
                                                         Design
      2937/DA/04     1      Site Plan Level 2            Blackburne Jackson      28/10/11
                                                         Design
      2937/DA/20     1      Lot 8 – Basement Floor       Blackburne Jackson      28/10/11
                            Plan                         Design
      2937/DA/21     1      Lot 8 – Level 1 Floor Plan   Blackburne Jackson      28/10/11
                                                         Design
      2937/DA/22     1      Lot 8 – Level 2 Floor Plan   Blackburne Jackson      28/10/11
                                                         Design
      2937/DA/23     1      Lot 8 – Level 3 Floor Plan   Blackburne Jackson      28/10/11
                                                         Design
      2937/DA/24     1      Lot 8 – Level 4 Floor Plan   Blackburne Jackson      28/10/11
                                                         Design


                                                                               Page 2 of 16

Page 3

                                                                                132002.220611.4


     2937/DA/25      1       Lot 8 – Roof Plan           Blackburne Jackson        28/10/11
                                                         Design
     2937/DA/26      1       Lot 8 – Southwest &         Blackburne Jackson        28/10/11
                             Northwest Elevation         Design
     2937/DA/27      1       Lot 8 – Northeast &         Blackburne Jackson        28/10/11
                             Southeast Elevation         Design
     2937/DA/28      1       Lot 8 – Section C           Blackburne Jackson        28/10/11
                                                         Design
     2937/DA/29      1       Lot 8 – Recreation Area     Blackburne Jackson        28/10/11
                                                         Design

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.   The open space and setback areas within the area of the site able to be developed
     excluding the area of the site included in the Retained & Enhanced Vegetation, are to be
     landscaped in accordance with Council’s Policy on Landscaping Guidelines and a
     properly prepared landscape plan. Such landscaping is to be completed prior to the
     premises being occupied and maintained at all times thereafter and shall include:
     3.1   retention of existing trees within the side and front setback areas, except where
           their removal would be necessary as a result of approved building or operational
           works;
     3.2   retention of existing trees between the building and the area of the site identified
           as Open Space Conservation & Waterway on Drawing No. 881228/E, titled ‘Metes
           & Bounds Plan for Private Open Space for Conservation and Waterways
           Protection on Residential High Density (RHD) and dated 30 June 2004, except
           where their removal would be necessary as a result of approved building or
           operational works or the requirements of the Bushfire Management Plan; and
     3.3   incorporation of koala and glossy black cockatoo food trees.
4.   Any fencing provided in conjunction with the development is to be setback at least 1
     metre from the road frontage with at least half of any fence setback 2 metres. Dense
     landscaping is to be provided between the road frontage and any fencing.
5.   The rooftop terraces shall not be covered, with any fixed structure or the like.
6.   The building height shall not exceed the Reduced Levels indicated on the approved
     plans. Prior to the release of the performance bond a verification certificate shall be
     submitted by a Licensed Surveyor confirming that the building does not exceed these
     levels.
7.   Existing trees on the site and within road reserves are to be retained except where
     required to be removed due to building operations, requirements of the Bushfire
     Management Plan & the Ecological Restoration Plan or the conduct of the approved
     use.
8.   Any advertising sign or device is to comply with the provisions of Council's policies on
     advertising.
9.   Security in the form of a cash bond or trading bank guarantee to the sum of $30,000
     must be submitted, to secure performance of all conditions of this approval, prior to the
     issue of a Development Permit for operational works. The cash bond or trading bank
     guarantee will be returned on performance of the conditions of approval less any costs
     incurred by Council in respect of enforcing performance of this permit.



                                                                                  Page 3 of 16

Page 4

                                                                              132002.220611.4

10.   The requirements of this development approval are to be effected, prior to the use of the
      premises. Council reserves the right to call upon the bond or guaranteed sum referred to
      in this approval to effect compliance with conditions.
11.   This Development Permit for a material change of use lapses if the use has not
      happened by 4 November 2015, unless an application to extend the relevant period is
      approved by Council.
12.   The use shall not commence until the Survey Plan for the lot reconfiguration (23118 DA)
      has been sealed by Council.
13.   The developer must obtain all of the other Development Permits referred to in the
      Decision Notice, prior to obtaining a Development Permit for building works.
14.   Deleted.
15.   The proposed development shall have all kitchen, laundry and bathroom fittings that
      comply with the AAA Water Conservation Rating System as defined by the AS/NZS
      6400 (Water Efficient Products – Rating and Labelling 2003) and AS/NZS 3500
      (National Plumbing and Drainage Standard Part 1.2), with toilets to comply with AAAA
      Water Conservation Rating System. All tap ware and shower roses shall not exceed a
      maximum flow of 9 litres per min. Dishwashers, baths, spa baths and washing
      machines are excluded from this requirement.


LAND DEVELOPMENT

16.   All relevant conditions of Development Permit 23118 DA shall be complied with prior to
      the use approved under this permit (23120 DA) commencing.
      Vehicle Access
17.   A 5.5 metre wide concrete crossover driveway shall be constructed from Serenity Close
      generally in accordance with Council’s Standard Drawing R-0051.
18.   The driveway shall be designed and constructed to Council’s design standards and to
      grades that prevent vehicles from scraping and/or bottoming whilst also allowing
      pedestrians movements along the footpath without any level difference. Should any
      driveways be constructed to grades that do not comply with Council’s Standards or
      AS/NZS 2890.1-2004, Council will require that the driveway be removed and
      reconstructed to levels that do comply.
      Please note, a step between the driveway and the footpath shall be avoided, as it is
      preferred to have the footpath continue at a constant grade to minimise the potential for
      pedestrians to trip or fall.
19.   All vehicles shall enter and leave the site in a forward direction.
20.   Full engineering details of the proposed driveway and carparking area shall be
      submitted for approval prior to obtaining a Development Permit for Operational Works.
      Internal Driveways
21.   The development shall have an internal driveway that complies with the width
      requirements as set out in AS/NZS 2890.1-2004.
      Service Bay
22.   One of the carparking spaces towards the frontage of the development shall be used as
      a shared service bay for small delivery/maintenance vehicles. This space shall be
      clearly line-marked and sign posted for use by Service Vehicles between the hours of
      6am to 6pm. Outside of the specified hours the space could be used as a standard
      visitor space.


                                                                                Page 4 of 16

Page 5

                                                                                   132002.220611.4

      Carparking
23.   Carparking shall be provided within the site as generally shown on drawing number
      2937/DA/20 dated 28 October 2011 by Blackburne Jackson Design, except as modified
      herein.
24.   A minimum of 53 carpark spaces shall be provided on site, comprising:
      24.1 Fifty one (51) covered carpark spaces (within the basement), consisting of 27
           resident spaces and 24 visitor spaces (including 1 disabled space).
      24.2 Two (2) uncovered carpark spaces (towards the frontage of the development).
25.   All carparking areas shall be designed to comply with the provisions of AS/NZS 2890.1-
      2004 and AS/NZS 2890.6:2009 with a minimum head clearance (headroom) at any point
      of 2.2m on the vehicle paths and 2.5m within disabled spaces and adjacent shared
      areas.
26.   All carpark spaces shall be clearly defined by line marking each space and by providing
      appropriate signage defining the space usage purpose as indicated on plan number
      2937/DA/20 dated 28 October 2011 by Blackburne Jackson Design. To this extent:
      26.1 One (1) of the single carpark spaces within the basement must be line-marked and
           signed specifically as a disabled carparking space,
      26.2 The tandem carpark spaces within the basement must be line-marked and signed
           so that visitors can only park behind the car parking space assigned to the
           resident that they are visiting,
      26.3 One (1) of the uncovered carpark spaces (towards the frontage of the
           development) must be line-marked and signed specifically as a disabled
           carparking space,
      26.4 One (1) of the uncovered carpark spaces (towards the frontage of the
           development) must be line-marked and signed specifically for “Service Vehicles”
           between the hours of 6am to 6pm,
      26.5 The uncovered carpark spaces (towards the frontage of the development) must be
           line-marked and signed specifically for “Visitor Parking Only”,
      26.6 All carparking spaces as defined shall remain as parking spaces and are not to be
           converted to storage or enclosed.
      The requirements of this condition are to be included in the Community Management
      Statement for the development.
27.   Access to the visitor car parking in the basement shall be controlled via an intercom
      system, which ensures that these spaces are available to visitors.
28.   A small sign shall be installed within the site (in a clearly visible location for all vehicles
      to see near the entry gates) to advise visitors that visitor car parking spaces are
      provided within the basement carpark and to use the intercom system to contact the
      manager or the unit they are visiting to enable entry to the basement and to these
      spaces.
      Vegetation Protection
29.   All trees to be retained shall be clearly defined on all drawings and clearly marked on
      site to prevent any damage occurring to these trees.
30.   Any works required within the drip zone of any trees to be retained shall be carried out
      by hand, not by machinery.




                                                                                     Page 5 of 16

Page 6

                                                                                 132002.220611.4

31.   The internal driveway (or any other form of hard pavement for that matter) within the drip
      zone of any trees on site to be retained shall be designed to allow the flow of water
      through the pavement or be designed to direct stormwater runoff to the trees root
      system. To this extent the uncovered visitor spaces towards the frontage of the
      development may be able to incorporate Grass Rings or a similar device that allows
      water penetration.
32.   All pavements shall be constructed so as not to damage the root system of any trees to
      be retained and in this regard temporary fencing shall be provided around the trees
      during construction to help protect them.
33.   Plans shall be submitted to the Council for approval that clearly show the type and
      extent of pavements proposed, how they comply with the above conditions and also
      illustrating any temporary fencing to protect the trees prior to obtaining a Development
      Permit for Operational Works.
      Frontage Works
34.   Footpath improvements such as topsoiling, grassing, and tree planting are required to
      the Serenity Close frontage of the site (if not already provided) in accordance with
      Planning Scheme Policy PSP1 Landscaping Guidelines. Grass shall be couch, free of
      weeds.
35.   A new 1.5 metre wide concrete path shall be constructed along the Serenity Close
      frontage of the site (if not already provided) in accordance with Council’s design
      standards and to an alignment that protects any significant vegetation or any
      underground services.
36.   All paths shall be designed and constructed to ensure pedestrian safety using non-slip
      materials and to produce an evenly graded surface finish.
      Stormwater Drainage
37.   A stormwater management plan shall be prepared by a RPEQ, specialising in
      stormwater and water quality management incorporating the principles of the
      Environmental Management Plan for the Settlers Cove Development 23118 DA, that
      demonstrates water reuse strategies, infrastructure capacity and effective treatment
      methodology. The use of rainwater harvesting tanks for irrigation purposes shall be
      incorporated in the overall design plans. These plans shall be submitted to Council for
      approval prior to obtaining a Development Permit for Operational Works.
38.   All stormwater drainage shall be collected on site and discharged so there is no net
      increase in stormwater runoff from the site.
39.   On site swale drains will be required to capture and direct any overland stormwater
      runoff to the Infiltration Pits proposed on site. These swales shall be sized to carry a 3-
      month storm event and plans detailing their capacity, location, length, width and grades
      shall be submitted to Council for approval.
40.   To ensure polluted run-off does not enter any of the proposed Infiltration Pits, and
      ultimately the water table, stormwater run-off from the carparking areas and the
      driveways shall have the first flush (the first 12 mm of rainfall or hose-down) collected in
      a grease/oil arrestor (or similar device) provided on site prior to discharging into the
      infiltration pits.
      To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
      arrestors, which shall be submitted to the Council for approval prior to obtaining a
      Development Permit for Operational Works.
      The approved maintenance plan shall be incorporated in the Community Management
      Scheme for the development and a copy of this shall be provided for Council’s records
      prior to commencement of the approved Use.


                                                                                   Page 6 of 16

Page 7

                                                                              132002.220611.4

      All other clean stormwater, such as roof water, can be collected on site and discharged
      directly into the infiltration pits, bypassing the grease/oil arrestor.
      A Development Permit for Building Works shall not be granted until a Development
      Permit for Operational Works has been issued in regard to the drainage scheme.
41.   All site stormwater drainage shall be by means of a gravity system.
42.   Plans of the entire on site drainage design shall be prepared by a Registered
      Professional Civil Engineer and submitted to Council prior to obtaining a Development
      Permit for Operational Works.
      Sewer Mains
43.   Deleted.
      Town Water Supply
44.   Deleted.
45.   Deleted.
      Service Easements
46.   All existing and proposed easements within the site shall be shown on the plans
      submitted for Operational Works / Building Works approval.
47.   Registered easements shall be created over any Council service within the subject site
      in accordance with Council’s requirements (if not already created) and at no cost to
      Council.
      The Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in
      writing that the Title Deed and the easement documents will be lodged at the Land Titles
      Office and any additional Titles Office forms or requisitions requiring the consent of
      Council will be attended to promptly.
      A duly executed copy of the easement shall be submitted to Council for perusal prior to
      the use commencing.
      Any changes required by Council’s Solicitor must be corrected immediately.
      Earthworks
48.   Plans and details outlining the extent of earthworks required on site and any trees to be
      retained shall be submitted to Council for approval prior to obtaining a Development
      Permit for Operational Works.
49.   All major excavations (including the basement and driveways) shall be shored to prevent
      batters extending into areas and vegetation that are to be retained. All trees to be
      retained should be adequately tagged to Council’s satisfaction and enclosed with a
      barrier fence to the drip line to prevent damage.
50.   A Geotechnical Engineer or similar qualified expert shall assess the soil condition on
      site, determine the soil classification, establish whether any measures are required to
      protect the stability of adjoining buildings and/or structures and/or land, and make
      recommendations on the type of foundation system(s) best suited for the proposed
      development. The recommendations of this report shall be incorporated into the design
      and construction of the proposed development.
51.   Earthworks shall not cause the ponding of water on any adjoining lands or the blockage
      of, or interference with, any natural watercourses or overland flow path.




                                                                                Page 7 of 16

Page 8

                                                                                132002.220611.4

      Erosion and Sediment Control
52.   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,
      controlled disposal of waste, catch drains, and temporary infiltration or sump pump-outs
      will be necessary.
      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. The applicant is advised that a simple silt fence by itself is unlikely
      to meet the objectives of best practice for Erosion & Sediment Control.




                                                                                  Page 8 of 16

Page 9

                                                                                 132002.220611.4

      Construction Issues
53.   A Construction Management Plan addressing all construction phases, including traffic
      management, shall be prepared and submitted to Council for approval prior to obtaining
      a Development Permit for Operational Works.
      The report should aim to address every foreseeable problem that could occur during the
      construction process and include recommendations on how these can be overcome or
      minimised. The report shall be to the reasonable satisfaction of the Manager Land
      Development.
      Community Management Statement Requirements
54.   The Applicant and all future owners of the site shall comply with the Environmental
      Management Plan (EMP) for Settlers Cove Development 23118 DA and compliance with
      the EMP shall be referenced in any community management statement over the site.
55.   The Fire Management Plan is to be implemented by the Developer and future owners of
      the site and is to be referenced in any community management statement.
      General
56.   A Registered Professional Engineer of Queensland shall certify engineering drawings
      and specifications for all engineering works, which shall be submitted in conjunction with
      an application for a Development Permit for Operational Works.
57.   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.
58.   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.
59.   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.


BUILDING SERVICES

60.   The following shall be complied with the development of the site:
      60.1. There is to be no uncontrolled discharge of water onto the slope;
      60.2. Stripping of vegetation for construction purposes should be minimised. If
            vegetation is destroyed it should be reinstated immediately after construction is
            completed;
      60.3. Additional load due to fill, construction equipment or stockpiled materials should not
            be located on the dune slope;
      60.4. Vibration monitoring shall be carried out by the geotechnical engineer and
            appropriate action taken should vibration effects be a concern;
      60.5. A condition survey is to be carried out of adjoining buildings, structures and
            services prior to any demolition works or construction works taking place on site. If
            distress already exists, a photographic survey shall be undertaken, the distress
            measured and a plan to monitor changes to distress shall be implemented. A copy
            of this report is to be submitted to Council within 5 business days of survey and
            prior to construction work proceeding;
      60.6. A RPEQ is to be engaged by the client to oversee the piling works;



                                                                                   Page 9 of 16

Page 10

                                                                                 132002.220611.4

      60.7. The construction of the whole of the foundations is to be carried out in accordance
            with the recommendations of the applicant’s consulting Geotechnical engineer,
            including any on-site supervision required by these recommendations. Such works
            shall only be carried out during dry weather conditions and if there is a risk of sand
            movement occurring, all work shall be suspended until such steps, approved by the
            applicant’s consulting Geotechnical engineer have been undertaken to ensure that
            no further slippage will result.
      60.8. Construction Management Plans are required to be forwarded to Council at the
            time of Operational Works Applications.
61.   A verification survey of the building is to be carried out by a Licensed Surveyor and a
      certificate lodged with Council at completion of the work confirming compliance with the
      maximum building height above natural surface, required by the provisions of the
      Planning Scheme.


ENVIRONMENTAL HEALTH

62.   The developer shall comply with the Refuse Management Plan Reference Ryter
      Planning RCU 1005.
63.   The developer must provide a suitably screened imperviously paved area large enough
      for all refuse and recycling containers. A wash down area is required with a cold-water
      tap, hose and drain outlet connected to sewer. The drain outlet is to be designed to
      prevent stormwater entry to the sewerage system.
64.   Street litter bins to a design approved by Council, shall be supplied and installed at the
      developers expense at agreed locations.
65.   Refuse chutes must be provided, in accordance with Council’s Policy for Refuse Chutes
      and Accessories in Multi Storey Buildings.
66    Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or
      located in a manner which prevents a noise nuisance beyond the subject land in
      accordance with the nuisance provisions of the Environmental Protection Regulation
      1998. On the spot fines apply for such offences.
67.   Air conditioning units shall be located in a manner which prevents noise nuisance
      beyond the subject land in accordance with the nuisance provisions of the
      Environmental Protection Regulation 1998 and Council’s Local Law No. 12 - Control of
      Nuisances. On the spot fines apply for such offences.
      An occupier of premises where there is air-conditioning equipment must not use or allow
      the use of the equipment -
      67.1 before 7am or after 10pm on any day if it makes noise or causes noise to be made
           of more than the higher of the following -
           67.1.1      40 dB(A)
           67.1.2      3 dB(A) above the background noise level
      67.2 from 7am to 7pm on any day if it makes noise or causes noise to be made of more
           than the lower of either of the following -
           67.2.1 50 dB(A)
           67.2.2 5 dB(A) above the background noise level
      67.3 from 7pm to 10pm on any day if it makes noise or causes noise to be made of
           more than 3 dB(A) above the background noise level.



                                                                                  Page 10 of 16

Page 11

                                                                              132002.220611.4

68.   The area is in close proximity to vector breeding areas and the following conditions are
      required.
      68.1 All windows and doors shall be screened with mosquito-proof gauze not coarser
           then 1mm aperture to prevent the ingress of mosquitoes. It should be noted that
           these screens will not necessarily restrict the ingress of Biting Midge due to their
           reduced size.
      68.2 The developer is to undertake a public education/awareness program for all
           persons visiting the premises on the potential health risk of and ways to prevent
           being bitten by Mosquitoes and Biting Midge.
      68.3 A notation shall be added to Council’s records whereby any applicant undertaking
           a health/property search is advised that this premises is located near major
           breeding areas of Mosquitoes and Biting Midge and may be subject to associated
           problems.

Additional Condition (24/08/2005)
69.   To meet the needs of people across a range of abilities and ages and be adaptable for
      the changing needs of people over time, at least 3 dwelling units shall include the
      following:
      69.1 All doors to habitable rooms, kitchen, laundry and bathrooms are a minimum of
            870mm wide; and
      69.2 Hallways are a minimum of 1.2m wide; and
      69.3 All entries into the dwelling unit and internal doorways, have no more than a 10mm
            change in level, other than access to balconies where building code sill
            weatherseal is to be maintained. A ramp can be retrofitted to provide access in
            accordance with Australian Standards 1428.1 – 1993 Design for Access and
            Mobility Chapter 7 Doorways, Doors and Circulation Space at Doorways –
            Ramped Threshold; and
      69.4 Has an accessible toilet and bathroom, complete with reinforced walls, that can be
            reached along an accessible path; and
      69.5 A sliding door or window, no higher than 600mm from the floor is provided in at
            least 1 bedroom to allow for a seated person to look out of and open and close the
            sliding door or window; and
      69.6 A minimum of one power point to each habitable room is placed up from the floor
            (minimum 600mm) and out from the corner (minimum 500mm) to facilitate
            disabled access.

Additional Condition (10/06/2010) - Access & Services Easement
70.   An access and services easement shall be created over the proposed shared driveway
      that gives access to the basement carparking of Lot 7 on SP195871 through Lot 8 on
      SP195871 and over any services that supply Lot 7 on SP 195871 but stand within Lot 8
      on SP195871. The easement shall be of sufficient width to encompass the whole of the
      driveway and any manoeuvring area (with the width being increased where necessary to
      accommodate passing lanes or to provide the specified clearances from cut/fill batters)
      and shall be of sufficient width to permit maintenance and replacement of the services.
      The easement shall be to the benefit Lot 7 on SP195871 and burden Lot 8 on
      SP195871.
      In this regard, plans submitted for Operational Works approval shall accurately show the
      location of the easement.




                                                                               Page 11 of 16

Page 12

                                                                                132002.220611.4

      In addition, the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
      undertaking in writing that the Title Deed and the easement documents will be lodged at
      the Land Titles Office and any additional Titles Office forms or requisitions requiring the
      consent of Council will be attended to promptly.
      A duly executed copy of the easement shall be submitted to Council for perusal prior to
      the use commencing.
      Any changes required by Council’s Solicitor must be corrected immediately.
      Should the subject site (Lot 8 on SP195871) be amalgamated with the adjoining site (Lot
      7 on SP195871) the requirement for the access and services easement shall not apply.

Additional Condition (21/12/2011) (71-79)
71.   Construction activities must not impede the access of Unitywater or Fire Brigade
      personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).
72.   The fire-fighting demand on Unitywaters water supply system from the development
      must not exceed 15 litres per second.
73.   A single Unitywater installed primary water meter must be provided immediately inside
      the property boundary. Additional water meters must be installed for each title of a
      community title or sub-lease scheme. Meters must be approved by Unitywater, installed
      in accordance with Unitywater requirements and remain accessible at all times for
      reading and maintenance purposes.
74.   The existing Unitywater sewerage infrastructure within Lot 8 must be removed and a
      manhole and new sewer connection constructed inside the southern boundary of Lot 8.
75.   A 3.0 metre wide easement must be provided over Unitywater sewerage infrastructure
      located within private property. Easements must be located centrally over the main.
76.   Buildings and other structures must maintain a minimum clearance of 1.0 metre from
      sewer manhole chambers and the sewerage inspection opening.
77.   Storm water retention systems and gross pollutant traps must maintain a minimum
      clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure.
78.   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 be suitable
      Unitywater approved varieties.
79.   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.

5     REFERRAL AGENCY CONDITIONS
Not Applicable
6     APPROVED PLANS
Refer to table listed in Condition 1 above
7     PLANS/DOCUMENTS REQUIRING AMENDMENT
Not Applicable




                                                                                 Page 12 of 16

Page 13

                                                                                 132002.220611.4


8    ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.   The applicant is informed that this Change to Existing Approval will trigger an amended
     Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
     Charges Plan for the estimated amount of $44,415.00 and is subject to variations in the
     Consumer Price Index, All Groups Brisbane from March 2011 until the date of payment.
     An amended Infrastructure Charge Notice will be issued in accordance with Chapter 5 of
     the Integrated Planning Act 1997.
2.   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:-
     2.1   On a Sunday or public holiday, at any time; or
     2.2   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.
3.   We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their
     responsibilities under the Disabled Discrimination Act (DDA) in regard to the installation
     of disabled access and the provision of disabled facilities, and that access to this building
     and the provision of sanitary facilities may need to comply with the requirements of
     Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia
4.   In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
     paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be
     placed where it could reasonably be expected to move into a roadside gutter, stormwater
     drain or a water course. On the spot fines apply for such offences.
5.   Payment via credit card transaction will not be an acceptable method of payment for
     development contributions conditioned in this permit or for infrastructure charge notices
     issued separately.
6.   Building classification is dependant upon usage and as the uses are not for permanent
     residential but as tourist lettings which will equate to Class 3 residential buildings.
     Therefore a mixed classification of Class 2 and Class 3 will be applicable to the
     residential buildings and there will need to be a subsequent range of accessible units to
     those Class 3 parts. The applicant is advised to consider their responsibilities under the
     Disabled Discrimination Act in regard to the installation of disabled access and the
     provision of disabled facilities and that access to this building and the provision of
     sanitary facilities will need to comply with requirements of Section D, Part D3 and
     Section F, Clause F2.4 of the Building Code of Australia for Class 3 units.
Additional Advisory Notes (10 June 2010)
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.   The applicant is advised that development contributions and infrastructure charges
     applicable to this Change to Existing Approval have been based on the following Uses
     Class/ Uses and applicable quantities:-




                                                                                 Page 13 of 16

Page 14

                                                                                   132002.220611.4

                     Existing Development                             Approved Development
       Existing Use Class /                                   Approved      Use Approved
                               Existing Quantity
       Use                                                    Class / Use         Quantity
                               Vacant Land
                               (per Lot Reconfiguration
                               23118 DA, Water Supply,        Multiple Housing -
                                                                                   22 x 3 Bedroom
       Detached House          Sewerage,       Parks    &     Type      4      –
                                                                                   Units
                               Pathways previously fully      Conventional
                               paid with 1 x Detached
                               House credit for Roads )

Additional Advisory Notes (21 December 2011)
9.    Connection to Unitywater live water mains and the live sewer system must be
      undertaken by Unitywater at the applicants cost.
10.   A 150mm diameter watermain is located within the road boundary fronting the
      development site in Serenity Close. Construction works, heavy traffic crossing the main,
      excessive vibration and excavation close to the main may cause damage to the pipe.
      Extreme care is required when working close to this infrastructure. All costs associated
      with repair, replacement or alteration of infrastructure must be met by the applicant.
11.   A trade waste permit is required prior to any stormwater, groundwater or sump pump
      discharge into Unitywaters sewerage system.

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.
9     PROPERTY NOTES
Not Applicable
10    PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
11    FURTHER DEVELOPMENT PERMITS REQUIRED

 Development Permit for          All Building Works
 Building Works
 Development Permit for          Landscaping, Car parking, Access, Frontage works,
 Operational Works               Stormwater disposal, Sediment & erosion controls, Sewer &
                                 water reticulation if not already installed, Site earthworks,
                                 Excavation of materials to fill another site, Site civil works




                                                                                   Page 14 of 16

Page 15

                                                                                    132002.220611.4




12      SELF ASSESSABLE CODES
Not Applicable

13      SUBMISSIONS

Not Applicable
14      REASONS / GROUNDS FOR APPOVAL

Not Applicable
15      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.
16      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
9 June 2005 -                Original Decision Notice.
24 August 2005 -             Negotiated Decision Notice with amendment to Conditions 26
                             and 60.7, deletion of Condition 14 and addition of Condition 69
10 June 2010                 Change to Existing Approval with amendment to Conditions 1,
                             6, 11, 17, 18, 21, 22, 23, 24, 25, 26 & 50 and Advisory Note 1,
                             addition of Condition 70 and Advisory Notes 7 & 8.
21 December 2011             Change to Existing Approval with amendment to conditions 1,
                             11, 23, 24 & 26 and Advisory Notes 1 & 8, Delete Conditions
                             43, 44 & 45 and include additional conditions 71-79 and
                             Advisory Note 9-11



Yours faithfully




DENIS WALLACE
SENIOR DEVELOPMENT PLANNER



Encl.    Appeal Rights


cc       Unitywater




                                                                                     Page 15 of 16

Page 16

                                                                                         132002.220611.4



                                           Appeal Rights
                                           SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                           REGULATION 2009



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


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.




                                                                                          Page 16 of 16

Used in these records

About this file

File size
70 KB (small file)
File type
PDF

No other editions are linked here.

Original file

Log in to download the original file

Compiled Decision Notice 132002.220611.4 14 Serenity Cl Noosa Heads.pdf · 70 KB (small file)

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.