Decision Notice [As Published] · 132009.1682

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          DA2                       B       Plan, Elevations     and Sections –        Feb 2010
                                            Studio Noosa

General
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.     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.
4.     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.
Building Design
5.     The dwelling unit shall be fully wheelchair accessible, as defined by the Building Code of
       Australia.
6.     To ensure the building blends with the natural surrounds, appropriate earth/environmental
       tones shall be used.
7.     Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like,
       thus remaining as open structures.
Vegetation
8.     Interference with vegetation on the subject site only occurs to accommodate the proposed
       relative’s apartment and domestic-wastewater treatment and disposal system.
Vehicle Access
9.     Vehicular access to the development shall be generally as shown on drawing DA1B dated
       Jan 2010 prepared by Studio Noosa. The access driveways shall be upgraded to be in
       accordance with Council’s Standard Drawing SEQ R-056.
10.    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 step or level difference. Should any driveways
       be constructed to grades that do not comply with 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.
11.    To ensure safety between vehicles exiting the site, the driveway and any associated fencing
       or vegetation near the driveway shall comply with the minimum sight line requirements as
       defined in AS 2890.1, section 3.2.4.
12.    A Road/Footpath Permit (copy enclosed) shall be completed and submitted for the
       construction of the access driveway in accordance with Council’s Local Law No.8.




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Roof Water & Stormwater Drainage
13.     Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank
        that is installed to ensure water from the rainwater storage system or tank is used for
        external uses (such as watering gardens, irrigation, ornamental ponds, water features,
        topping-up swimming pools, outdoor cleaning, etc) and for internal (ground floor) use in
        washing machine cold taps and toilet cisterns. All rainwater tanks are to be designed and
        installed in accordance with the Queensland Development Code (QDC) and The Noosa Plan
        current at the time of building approval, and shall be part of the plumbing application for
        approval. The location and capacity of the tanks shall be clearly shown on the plans
        submitted for Building Works approval and any overflow shall be directed to the stormwater
        drainage system.
14.     All stormwater drainage (including roof water overflow from the rainwater storage system)
        shall be collected and discharged on site in such a manner to ensure no scour or damage to
        the subject site or any adjoining property.
15.     All site stormwater drainage shall be by means of a gravity system.
Effluent Disposal
16.     The design and construction of any on-site effluent disposal system and disposal area (land
        application area) shall be in accordance with Council’s Planning Scheme Policy PSP24 -
        Effluent Disposal.
        Specifically, the land application area shall be positioned to achieve the greatest possible
        setback to the dam and to any permanent or intermittent watercourse.

        The land application area shall also be positioned at least 15m from any underground
        rainwater tanks.
Earthworks
17.     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 the blockage of, or interference with, any natural
        watercourses.
Erosion and Sediment Control
18.     Any person acting on this permit shall prevent erosion and sediment export from leaving the
        site. Site control measures such as silt fencing, controlled gravel access to the site and
        controlled disposal of waste, will be necessary.
        In this regard, plan detailing the methods of controlling erosion and sediment in accordance
        with the Healthy Waterways document and fact sheet series titled “Controlling Stormwater
        Pollution on your Building Site dated 2006” are required to be submitted with the application
        for a Building Works Permit.

Infrastructure Contributions
19.     The applicant must pay contributions towards trunk infrastructure in accordance with the
        following Planning Scheme Policies and Council Policies:
      (a)   Planning Scheme Policy 12 – Public Open Space Contributions;
      (b)   Planning Scheme Policy 13 – Contributions in Lieu of Off Street Parking;
      (c)   Planning Scheme Policy 16 – Sewerage Headworks Contributions;
      (d)   Planning Scheme Policy 17 – Water Supply Headworks Contributions;
      (e)   Planning Scheme Policy 20 – Pathway Trunk Network Contributions;
      (f)   Council Policy – Rural Roadworks Contributions;
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       (g)      Council Policy – Master Drainage Contributions.
       For material change of use of premises approvals the contributions must be paid prior to the
       commencement of use, for reconfiguring a lot approval contributions must be paid prior to
       Council approval of the plan of subdivision.
       The actual amount of the contribution must be calculated and paid in accordance with the
       Planning Scheme Policies and variations due to indexation current at the time of payment.
Relevant Period
20.      The Development Permit for a material change of use of premises lapses if the use has not
         happened by 16 March 2014, unless an application to extend the relevant period is
         approved by Council.

5      REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:

 Referral Trigger                Referral Status   Referral Agency        Referral Address

 Not applicable.

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

 DA1                         B        Site Plan and Site Calculations – Studio   Jan 2010
                                      Noosa

 DA2                         B        Plan, Elevations and Sections – Studio     Feb 2010
                                      Noosa

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.
         1.3.      A maximum penalty of $1,500 applies to an offence under this legislation.
2.       We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their
         responsibilities under the Disability 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.




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Infrastructure Contributions and Infrastructure Charge
3.      An advice notice outlining the estimated infrastructure contributions payable and the basis
        for their calculation under the current Planning Scheme Policies and Council Policies is
        attached with this Development Permit.
4.      For properties located in the catchment area for the Coastal Major Road Network
        Infrastructure Charges Plan, this development permit may trigger an Infrastructure Charge to
        be issued in accordance with the Infrastructure Charges Plan and Chapter 5 of the
        “Integrated Planning Act 1997.
5.      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.
6.      Payment of infrastructure contributions and/or infrastructure charge notices will not be
        accepted by credit card transaction.
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

The following property notes will be placed against the subject property in Council’s property record
system:
Not applicable.

9     PRELIMINARY APPROVAL OVERRIDING SCHEME

Not applicable.
10    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required           Subject of the required Development Permit
 Building Works                                All Building Works

11    SELF ASSESSABLE CODES

Not applicable.
12    SUBMISSIONS

Not applicable.

13    REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.
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14     RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

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.


Yours faithfully,




Denis Wallace
Senior Development Planner



Attachment: Contributions Advice Notice




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                                                        Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated                    (5) If an application is processed under section
                                                               6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4).
                                                               application are available only for the aspects of the
Division 8 - Appeals to court relating to                      development that would have required public
development applications                                       notification under the repealed Act.
Appeals by applicants
                                                                    (6) If an application involves assessment against a
4.1.27.(1) An applicant for a development application          concurrence agency code, appeal rights for submitters
may appeal to the court against any of the following-          for the application are not available against the part of
(a) the refusal, or the refusal in part, of a development      the approval that represents the concurrence agency’s
      application;                                             response for the code.
(b) a matter stated in a development approval,                 Appeals by advice agency submitters
      including any condition applying to the                  4.1.29.(1) An advice agency may, within the limits of
      development, and the identification of a code            its jurisdiction, appeal to the court about the giving of a
      under section 3.1.6;1                                    development approval for a development application
(c) the decision to give a preliminary approval when a         if-
      development permit was applied for;                      (a) the development application involves impact
(d) the length of a relevant period;                               assessment; and
(e) a deemed refusal.                                          (b) the advice agency told the applicant and the
   (2) An appeal under subsection (1)(a) to (d) must              assessment manager to treat its response to the
be started within 20 business days (the “applicant’s              application as a submission for an appeal.
appeal period”) after the day the decision notice or              (2) The appeal must be started within 20 business
negotiated decision notice is given to the applicant.          days after the day the decision notice or negotiated
    (3) An appeal under subsection (1)(e) may be               decision notice is given to the advice agency as a
started at any time after the last day a decision on the       submitter.
matter should have been made.                                  Appeals for matters arising after approval given
Appeals by submitters                                          (co-respondents)
4.1.28.(1) A submitter for a development application           4.1.30.(1) For a development approval given for a
may appeal to the court about-                                 development application, a person to whom any of the
                                                               following notices have been given may appeal to the
(a) the giving of a development approval, including            court against the decision in the notice-
      any conditions (or lack of conditions) or other
      provisions of the approval; or                           (a) a notice giving a decision on a request for
                                                                   extension of the relevant period for an approval;
(b) the length of a relevant period for the approval.
                                                               (b) a notice giving a decision on a request to make a
    (2) The appeal must be started within 20 business              minor change to an approval.
days (the “submitters appeal period”) after the day
the decision notice or negotiated decision notice is               (2) The appeal must be started within 20 business
given to the submitter.                                        days after the day the notice of the decision is given to
                                                               the person.
   (3) If a person withdraws a submission before the
application is decided, the person may not appeal the                (3) Subsection (1)(a) does not apply if the
decision.                                                      approval resulted from a development application
                                                               (superseded planning scheme) that was assessed as
   (4) If an application involves both impact
                                                               if it were an application under a superseded planning
assessment and code assessment, appeal rights for
                                                               scheme.
submitters are available only for the part of the
application involving impact assessment.                          (4) Also, a person who has made a request
                                                               mentioned in subsection (1) may appeal to the court
                                                               against a deemed refusal of the request.
                                                                  (5) An appeal under subsection (4) may be started
                                                               at any time after the last day the decision on the
                                                               matter should have been made.
a.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
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Division 9 - Appeals to court about other matters           (a) the refusal, or the refusal in part, of a development
Appeals for matters arising after approval given                  application;
(no co-respondents)                                         (b) a matter stated in a development approval,
4.1.31.(1) A person to whom any of the following                  including any condition applying to the
notices have been given may appeal to the court                   development, and the identification of a code
against the decision in the notice-                               under section 3.1.6;3
(a) a notice giving a decision on a request to change       (c) the decision to give a preliminary approval when a
     or cancel a condition of a development approval.             development permit was applied for;
                                  2
(b) a notice under section 6.1.44 giving a decision to      (d) the length of a period mentioned in section 3.5.21
     change or cancel a condition of a development                relevant period;
     approval.                                              (e) a deemed refusal.
     (2)   The appeal must be started within 20                (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision      be started within 20 business days (the “applicant’s
is given to the person.                                     appeal period”) after the day the decision notice or
   (3) Also, a person who has made a request                negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the                (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request.              started at any time after the last day a decision on the
    (4) An appeal under subsection (3) may be               matter should have been made.
started at any time after the last day the decision on      The Registrar for the Building and Development
the matter should have been made.                           Tribunal may be contacted at the website
Appeals against decisions to change approval                http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
                                                            For Infrastructure Charges Only
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the               4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under              charges
section 2.19(3)or section 4.4 of the repealed Act may       (1) This section applies to a person who has been
appeal to the court against-                                given, and is dissatisfied with, an infrastructure
(a) the decision; or                                        charges notice or a regulated State infrastructure
                                                            charges notice.
(b) a deemed refusal of the application.
                                                            (2) The person may appeal to the court against the
    (2) An appeal under subsection (1)(a) must be           notice.
started within 20 business days after the day notice of
the decision is to be given to the person.                  (3) The appeal must be started within 20 business
                                                            days after-
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the    (a) if the notice is given because of a development
matter should have been made.                                    approval or master plan approval-the day the
                                                                 applicant is given notice of the decision about the
Appeals against local laws                                       approval; or
4.1.33B.(1) An applicant who is dissatisfied with a         (b) otherwise-the day the notice is given to the
decision of a local government or the conditions                 person.
applied under a local law about the use of premises or
the erection of a building or other structure permitted     (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court              (a) whether a charge in the notice is so
against the decision or the conditions applied.                 unreasonable that no reasonable relevant local
    (2) The appeal must be started within 20 business           government, State infrastructure provider or
days after the day notice of the decision is given to the       coordinating agency could 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 under this section can not be about the
Rights of appeal conferred by Section 4.2.9 of the
                                                            methodology used to establish the charge in the
Integrated Planning Act 1997 as follows:
                                                            relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to               State infrastructure charges schedule.
development applications
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.
2                                                           a.
     Section 6.1.44 (Conditions may be changed or
                                                            3
    cancelled by assessment manager or concurrence               Section 3.1.6 (Preliminary approval may override
    agency in certain circumstances)                            local planning instrument)
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