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Letter to Noosa re Plumbing Work · EXE19/0003
AARON O'CONNOR 38 Clarendon Road, Peregian Beach, Qld 4573 Mobile: 0434 551 266 Email: [email protected] The Chief Executive Officer 12 August 2019 Noosa Shire Council PO Box 141 Tewantin Qld 4565 Attention: Mr. Glen Conforti Dear Sir, REQUEST FOR CONFIRMATION RE CONDUCT OF PLUMBING WORK IN RIPERIAN BUFFER AREA 38 CLARENDON ROAD - PEREGIAN BEACH LOT 11 ON RP202277 I own the above property and intend to replace and upgrade my existing on-site septic effluent disposal system via an application to the Council for plumbing work. The purpose of this correspondence is to request the Council's written confirmation of my understanding about the status of the plumbing work. The existing septic system was lawfully installed and operated in accordance with a Plumbing Permit issued by the Council. The installation of the septic disposal system occurred within the Biodiversity Overlay - Riparian Buffer Area and complied with all relevant plumbing regulations in effect at the time of installation. The proposed on-site effluent disposal system will be an advanced secondary effluent quality sewage treatment plant with drip or spray irrigation dispersal. Council previously issued: a) Exemption Certificate EXE18/0002 on 25 May 2018 to change the roof form of the existing dwelling that is located in the Biodiversity Overlay - Riparian Buffer Area; b) Amended Exemption Certificate EXE18/0002 on 21 June 2018 to change the roof form of the existing dwelling that is located in the Biodiversity Overlay - Riparian Buffer Area; and c) Exemption Certificate EXE19/0001 on 15 May 2019 for a shed within the Biodiversity Overlay - Riparian Buffer Area. The installation of the proposed advanced secondary effluent disposal system is the next phase of our renovation program, which: a) will replace the existing septic system; b) will be located within the located within the Biodiversity Overlay - Riparians Buffer Area but in a more suitable location where the soil is more permeable and exposed to sunlight; c) will comprise a drip or sprinkler irrigation dispersal area of at least 385 m2 and located further than the required 10 m setback from the existing dam (A copy of a plan showing the preferred dispersal area is appended in Attachment 1);
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d) will be installed to comply with all relevant requirements of AS/NZS 3500, the Plumbing and Drainage
Act, AS/NZS 1547 and the Queensland Plumbing and Wastewater Code, including appropriate buffer
separation distances and environmental management considerations to accord with regulatory
requirements; and
e) will provide a substantially improved on-site effluent disposal solution that is consistent with
contemporary environmental standards and practice.
The points about which I seek the Council's clarification involve the following propositions:
a) if use rights are actually relevant to the plumbing installation, it is submitted that the existing on-site
effluent disposal system possesses lawful existing use rights within the Biodiversity Overlay - Riparian
Buffer Area and its replacement with the proposed advanced secondary effluent quality system will not
offend those use rights;
In the alternative, it is submitted that:
b) plumbing work is not a component of development as prescribed in the Planning Act. ie: plumbing
work does not constitute a material change of use, reconfiguration of a lot, building work or operational
work. The proposed plumbing work is not regulated by the Planning Act or the planning scheme and
plumbing work does not constitute assessable development for the purpose of the planning scheme.
Accordingly the planning scheme requirements of the Biodiversity Overlay do not apply to the proposed
plumbing work.
In view of the above, it is respectfully submitted that:
1. the proposed plumbing work is regulated by the relevant provisions of AS/NZS 3500, the Plumbing and
Drainage Act, AS/NZS 1547 and the Queensland Plumbing and Wastewater Code;
2. the planning scheme requirements of the Biodiversity Overlay - Riparian Buffer Area are not relevant to
the Council's assessment of the proposed plumbing work; and
3. a prerequisite planning approval is not required in respect of the proposed installation of the plumbing
work within the Biodiversity Overlay - Riparian Buffer Area.
The Council's written confirmation of Items 1, 2 & 3 above would be sincerely appreciated before I proceed to
submit the required application for a Plumbing Permit. Thank you.
Please contact me at any time should you wish to discuss or clarify any matter.
Yours faithfully
Aaron O'Connor
[email protected]
0434 551266
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ATTACHMENT 1 PREFERRED IRRIGATION AREA [OCR of page images] ATTACHMENT 1 PREFERRED IRRIGATION AREA
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