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Compiled Decision Notice 132002.220611.4 14 Serenity Cl Noosa Heads
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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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;
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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.
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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.
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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
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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
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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
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