Change Existing Approval - 132003.220660.4 - 23182 DA 1/1-7 Bayview Rd Noosa Heads - Extension to Currency · 132003.220660.3

Officer:	Jack Lewis
Direct Telephone:	07) 5449 5183
Fax:	(07) 5475 7277
Response Address:	Locked Bag 72, SCMC 4560
Our Reference:	JL013:ae:132003.220660.1
Your Reference:
14 February 2011

Mr R Wilson
26 Marlock Close
BUDERIM  QLD  4556

Dear Sir

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request dated 22 December 2010 to make a permissible change to an existing approval granted on 2 May 2003.  On 14 February 2011, Council decided your requested changes.

Details of the decision are as follows:

APPLICATION DETAILS

Application No:	132003.220660.4 (23182 DA)
Street Address:	Bayview Woods 1/1-7 Bayview Rd NOOSA HEADS
Real Property Description:	Lot 1 SP 116707
Planning Scheme:	1990–1998 Noosa Planning Scheme (15 December 1990)

DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use of Premises (Dwelling in Special Residential Zone)

In relation to the request to make a change to the existing approval, Council decided to:

A.	Approve a change to Condition 6 extending the relevant period to 31 December 2012

RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Approval is identified in the Assessment Manager conditions.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered A-1A, A-2A, A-3A, A4, A5, A6, prepared by Domain Ramsey Group Pty Ltd and titled Site Survey prepared by Noosa Mapping & Surveys Pty Ltd and dated 22 Feb 2002 and as may be amended by these conditions.  To this end, the Pavillion at the Ground Floor Level and the deck at the upper floor level are to be setback a minimum of 6m from the property boundary to the north west.
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.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use.
Security in the form of a cash bond or trading bank guarantee to the sum of $10000 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.
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.
The Development Permit for a Material Change of Use of Premises lapses if the use has not happened by 31 December 2012, unless an application to extend the relevant period is approved by Council.
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.

Land Development
Vehicle Access
The location of the existing 6.5 metre common vehicular access driveway connected to Bayview Road and shared with Lot 2 SP 116707 and the existing 3.5 metre vehicle access driveway to serve Lot 1 SP 116707 as detailed on Drawing Number 02037-Site Revision A are suitable for the proposed development.
The Applicant shall confirm that the driveway grades comply with Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming.  Should any driveways be constructed to grades that do not comply with AS2890.1-1993 and AS2890.2-1989, Council will require that the driveway be removed and reconstructed to levels that do comply.
The Applicant shall demonstrate that the existing driveway complies by submitting a longitudinal section of the existing driveway and proposed garage floor level at a scale of 1:20 or 1:50 in conjunction with the Operation Works Permit (Access).
All vehicles shall enter and leave the site in a forward direction.
Construction Vehicle Access
Park Road has to be used to enter this area, and it is subject to a 9 tonne load limit. The Shire Engineer has approved the use of Upper Bayview road for the delivery of specialised items of equipment that are essential to the work to proceed and which exceed 9 tonnes load limit.  This envisages an excavator and concrete pump truck but does not include the routine delivery of construction materials including concrete, nor does it include spoil removal.  The Applicant will need to apply for approval for each specialised item.
Carparking
A minimum of three (3) covered carpark spaces shall be provided on site.
The carparking area shall be designed to comply with the provisions of AS 2890.1-1993 for user class 1 with a minimum head clearance (headroom) at any point of 2.2m.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
Roadworks Contributions
A roadworks contribution of $2,672 towards the Coastal Major Road Network shall be paid to the Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to variations in the Price Index, All Groups Brisbane from March 2003 until the date of payment.
Stormwater Drainage
Roof and surface water is to be collected on site and is to be discharged into the existing inter allotment discharge pipe located adjacent to southern property boundary.
All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
The site shall be connected to Council’s existing town water supply and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Service Easements
A minimum setback of 2.1 metres shall be maintained from the private sewer in accordance with the requirements of the Building Units and Group Titles Act, 1980.
Earthworks
A Registered Professional Engineer Queensland shall certify all retaining wall and deep footing designs and certify that he or she has supervised all engineering works an that all works have been completed in accordance with the relevant Australian Standards and the Morrison Geotechnic report dated 7th April 2003 and best engineering practice.
The site will require the design of a soil retaining system by a Structural Engineer.  Clearance shall be obtained from Council’s Manager of Building as part of the process of obtaining a Development Permit for Building works.
A Geotechnical engineer must be on site to supervise and direct all excavations works and foundation constructions (i.e. Level 1 supervision in accordance with AS 3798-1996).  Such work shall only be carried out during dry weather conditions.  Should any risk of sand movement occur - all work shall be suspended until steps (approved by the Geotechnical Engineer in conjunction with Council’s Manager Building Services) have been taken to ensure that no further slippage will result.
Filling works required on site shall be carried out in accordance with Section 3.8 of Council’s Engineering Design Standards Manual and so as not to cause the ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
This will require the design and construction of drainage pipes within the development site that cater for drainage within the adjoining sites and in this regard a Development Permit for Operational Works shall be obtained.
Erosion and Sediment Control
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 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.
Please note that prior to the commencement of any work on site all site control measures shall be installed and the approved plan adhered to.
General
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.
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.
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.

REFERRAL AGENCY CONDITIONS

Not Applicable

APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the assessment manager conditions.

ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of approval:

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.

Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to address equitable access and facilities in the building:
The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2
Applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia
Any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.

PROPERTY NOTES

Not Applicable

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

FURTHER DEVELOPMENT PERMITS REQUIRED

Type of Development Permit required	Subject of the required Development Permit
Building	Dwelling
Operational Works	Car Parking & Access, Stormwater Drainage, Earthworks, Sediment & Erosion Control

SELF ASSESSABLE CODES

Not Applicable

SUBMISSIONS

Not Applicable

REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable

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.

OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.sunshinecoast.qld.gov.au, or at Council offices.

Decision Notice History
2 May 2003 -	Original Decision Notice.
27 February 2007 -	Compiled Decision Notice with amendment to Condition 6.
16 June 2009 - 	Approved Change with amendment to Condition 6.
14 February 2011	Approved Change with amendment to Condition 6.

Yours faithfully

Denis Wallace
Senior Development Planner

Encl. 	Appeal Rights

	 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.

PD-DA-FM383/5-09/08/2010	Page 2 of 7

PD-DA-FM383/5-09/08/2010	Page 1 of 7

132003.220660.4