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Decision Notice [As Published] · 132009.363

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                                              Officer:          Jack Lewis
                                              Direct Telephone: (07) 5449 5183
                                              Response Address: Locked Bag 72
                                                                Sunshine Coast Mail Centre QLD 4560
                                              Email:            [email protected]
                                              Our Reference:    2009/363
                                              Your Reference:   01023 LO1MK
30 April 2010

Muzztrac Pty Ltd
CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567




Dear Sir/Madam

                                      Decision Notice
                                   Integrated Planning Act 1997

I refer to your application and advise that on 29 April 2010 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:

1        APPLICATION DETAILS

    Application No:                  2009/363
    Street address:                  21 Attunga Heights, Noosa Heads
    Real property description:       Lot 11 RP 89506
    Planning Scheme:                 The Noosa Plan
2        DECISION DETAILS

The following type of approval has been issued:
        Development Permit for Material Change of Use - Multiple Housing Type 2 - Duplex
3        RELEVANT PERIOD OF APPROVAL

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

4        ASSESSMENT MANAGER CONDITIONS
General
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
          amended by these conditions.

            Plan / Document No.      Issue.       Plan / Document Name                      Date

            0832/1                   A            Basement – Agenti Architects              05/08/2009
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Full text of the other 12 pages

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        0832/2                     A            Level One – Agenti Architects         05/08/2009

        0832/3                     A            Level Two – Agenti Architects         05/08/2009

        0832/6                     A            Roof Layout – Agenti Architects       05/08/2009

        0832/7                     B            Landscaping – Agenti Architects       10/03/2010

        0832/7A                    B            Elevation A, B & Section 1.1–         10/03/2010
                                                Agenti Architects

        0832/8                     B            Elevations (North & West) – Agenti    10/03/2010
                                                Architects

        0832/9                     B            Sections – Agenti Architects          10/03/2010

        0832/10                    B            Elevations (East & South) – Agenti    10/03/2010
                                                Architects

        0832/12                    A            Site Layout Showing Boundary          05/08/2009
                                                Openings – Agenti Architects

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 developer must obtain all of the other Development Permits referred to in the Decision
       Notice, prior to obtaining a Development Permit for Building Works.
Building Height
4.     The development shall not exceed 8 metres above Natural Ground Level. A verification
       survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged
       with Council at completion of work confirming compliance.
Building Design
5.     Any mechanical plant and equipment including air conditioning units are to be visually
       integrated into the line of the building and roof design.
6.     Any deck or balcony areas shall not to be enclosed with shutters, glass panelling or the like,
       thus remaining as open structures.
7.     No shade sails are to be installed on the top of the roof top terrace.
Landscaping
8.     The open space and setback areas are to be landscaped in accordance with Council’s
       Policy on Landscaping Guidelines (PSP 3) and a properly prepared landscape plan prepared
       by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be
       completed prior to the premises being occupied and maintained at all times thereafter and
       shall include:-
       8.1.      The existing seven (7) trees indicated on plan number 0832/1 - Basement Plan and
                 dated 5/8/09 shall be retained;



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     8.2.    Native screening vegetation shall be provided within garden beds with a minimum of
             500mm width along the side and rear boundaries to protect the amenity of
             neighbouring residents;
     8.3.    The wire trellis indicated on plan number 0832/7B – Elevation A & B and dated
             10/03/10 shall incorporate an appropriate climbing/creeping species along its length;
     8.4.    A planter box is to be located around the eastern and western edge of the roof top
             terrace with a minimum of 300mm width and to a height above the terrace eave line.
             Plantings within this area is to provide a physical barrier around the terrace, limiting
             the potential for overlooking into adjoining premises;
     8.5.    A well-defined pathway leading to the front entrance of the dwelling is required, and
             is not to form part of any private outdoor living areas;
                                                                                2
     8.6.    Exclusive clothes drying areas with minimum dimensions of 25m ;
     8.7.    A minimum of 2 x 45 Litre native street trees shall be established on the frontage
             within the road reserve and include the following species:
     SMALL STREET TREES IN COASTAL AREAS UNDER POWER LINES
     Acronychia imperforata                        Fraser Island apple
     Alectryon coriaceus                           Beach birds eye
     Acmena hemilampra                             Broad leafed lilly pilly
     Banksia aemula                                Wallum banksia
     Banksia integrifolia
     Casuarina glauca                              Swamp sheaok
     Elaeocarpus reticulatus                       Blue berry ash
     Eucalyptus bancrofftii                        Tumbledown gum
     Grevillea banksii                             Red flowering silky oak
     Petalostigma pubescens                        Quinine berry

     8.8.    Cleared vegetation is to be suitably processed by one of the following methods and
             removed from the site:-
             8.8.1.   Processing through a woodchipper or shredder. The resulting mulch is to be
                      stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5
                      metres high with a minimum of 10 metres between edges of heaps.
             8.8.2.   Disposal for firewood.
             8.8.3.   Disposal for landscaping purposes.
             8.8.4.   Transport to alternative site for breaking down materials provided that all
                      necessary permits have been obtained to allow the alternate site to be used
                      for this purpose.
            The disposal method for clearing works is to be submitted in conjunction with an
            application for a Development Permit for Operational Work. The Applicant is advised
            that other methods may be considered provided full details of the method are
            submitted. The Applicant is advised that burning off is an unacceptable method of
            disposal.
9.   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


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Fencing
10.    All fencing shall be setback at least 1 metre from the front property boundary, with at least
       half of the fencing setback 2 metres. The area of land between the fence and the front
       property boundary shall be densely landscaped to screen any fencing from the street.
Security Bond
11.    Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 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.
12.    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.
Relevant Period
13.    The Development Permit for a material change of use lapses if the use has not happened by
       29 April 2014, unless an application to extend the currency is approved by Council.
Vehicle Access
14.    A vehicular access driveway to serve the development shall be constructed from the Attunga
       Heights frontage of the site with a maximum width of 3.0m.
15.    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.
16.    To ensure pedestrian safety between vehicles exiting the site and pedestrians on the
       footpath, 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. The
       applicant shall demonstrate compliance by illustrating these sight lines on the plans
       submitted for both Operational Works approval and Building Works approval.
17.    All vehicles shall enter and leave the site in a forward direction.
Car Parking
18.    Carparking shall be provided within the site generally as shown on drawing number 0832/1A
       dated 5 August 2009 by Agenti Architects, except as modified herein.
19.    A minimum of three carparking spaces shall be provided on site.
20.    The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004
       for user class 1A with allowance for vehicles to enter and leave the site in a forward gear
       and with a minimum head clearance (headroom) at any point of 2.3m.
21.    The proposed turning area at the end of the driveway shall be suitably line-marked and sign
       posted to indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.
       The type and extent of line-marking and signage shall be clearly shown on any plans
       submitted for Operational Works.
22.    All carparking shall be kept, maintained and line-marked in a condition fit for use.


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Frontage Works
23.   Footpath improvements such as topsoiling, grassing, and tree planting are required to the
      Attunga Heights frontage of the site in accordance with Planning Scheme Policy PSP03
      Landscaping Plants & Guidelines. Grass shall be couch, free of weeds.
24.   A new 1.5m wide concrete path shall be constructed along the Attunga Heights frontage of
      the site in accordance with Council’s design standards and to an alignment, which protects
      any significant vegetation or any underground services.
      Alternatively, in lieu of providing the above path, the applicant shall pay a monetary
      contribution of $2,308 (equivalent to the full cost of providing this infrastructure, including
      design costs). This amount will be subject to variations in the Consumer Price Index, All
      Groups Brisbane from September 2009 until the date of payment. The contribution shall be
      paid to Council prior to the commencement of the use.
25.   All paths, driveways and parking areas shall be designed and constructed to ensure
      pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and
      to be in accordance with the Disability Discrimination Act 1992 and Australian Standard
      1428.1 Design for Access & Mobility.
26.   All redundant vehicular crossings to the site shall be removed and replaced by kerb &
      channel, footpath paving and landscaping such as trees and grasses in accordance with
      Council’s Standard specifications prior to commencement of the use permitted by this
      permit.
Roof Water & Stormwater Drainage
27.   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) 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
      and Operational Works approval and any overflow shall be directed to the road frontage or to
      the internal stormwater drainage system.
28.   All stormwater drainage (including roof water overflow from the rainwater storage system)
      shall be collected and discharged so there is no net increase in stormwater runoff from the
      site. Stormwater drainage permitted to drain from the site shall be discharged to Council’s
      kerb & channel street drainage system in Attunga Heights. Plans of the drainage design
      shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior
      to obtaining a Development Permit for Operational Works.
      The maximum discharge of stormwater drainage allowable to Council’s kerb & channel
      street drainage system at any one location is 25 litres/second.
29.   All site stormwater drainage shall be by means of a gravity system.
Water and Sewer
30.   Reticulated water supply and sewerage must be provided to the development.
31.   An individual water meter shall be located immediately within the property boundary to each
      unit of the duplex. Meters must comply with Sunshine Coast Water standards.
32.   A pipeline conduit under Attunga Heights shall be provided in accordance with Sunshine
      Coast Water Standard Drawing SCW 355.

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33.     Buildings, basements, and other structures must maintain a minimum clearance of 1.0 metre
        from the sewer manhole chamber and 1.0 metre from the sewer house connection point.
        The existing sewer branch and house connection point must comply with this requirement.
34.     All storm water retention systems and gross pollutant traps must maintain a minimum
        clearance of 1.5 metres from Council sewerage infrastructure.
35.     Any landscape planting within 1.5 metres of Council sewerage infrastructure must be
        approved varieties and low growing when mature.
36.     Construction works undertaken in the vicinity of Council 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.
Earthworks
37.     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.
38.     Earthworks carried out on site shall not affect the structural integrity of any of the existing
        fences and/or structures and/or lands that border the development site. Fences that are
        affected shall be replaced prior to the Building Certifier issuing the Certificate of
        Classification. In this regard any fences to be replaced shall be clearly shown on the plans
        submitted for Operational Works approval.
Site Stability
39.     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.
Erosion and Sediment Control
40.     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.
General
41.     A suitably qualified Registered Professional Engineer shall prepare engineering drawings
        and specifications for all engineering works that will become Council infrastructure, which
        shall be submitted in conjunction with an application for a Development Permit for
        Operational Works. In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed
        cadastre layout is to be submitted in conjunction with any application for Operational Works.
42.     Digital detailed designs including drawings, calculations, specifications etc, shall be
        submitted with any application for a Development Permit for Operational Works in respect of
        roadworks and stormwater drainage works. The design shall be in accordance with Council’s
        Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and
        Earthworks. To avoid conflict with underground pipes or services, all existing and proposed
        services required by the development shall be shown on the plans.



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43.    To facilitate production of As Constructed drawings it is suggested that all design drawings
       are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on
       the use of ADAC are available at www.adac.com.au).
44.    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.
45.    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.
46.    As Constructed drawings and data shall be certified by a qualified experienced Civil
       Engineer for design intent, and a Licensed Surveyor shall certify the cadastre and the
       location, level and type of all services and structures. All of which shall be submitted to
       Council for checking and for Council’s records.
       The data must fully detail levels for all engineering works including but not limited to
       drainage structures, finished ground levels and pavement surface levels. The data shall be
       submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the
       use of ADAC are available at www.adac.com.au).
       Approval of works shall not be granted until all As Constructed information has been
       supplied and accepted by Council.
Contributions Towards Council Infrastructure
47.    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;
       (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.
Waste Management
48.    The developer must provide waste storage and disposal facilities in accordance with
       Planning Scheme Policy “Waste Management Multi-Dwellings and Commercial and
       Industrial Premises”, including an external imperviously paved area correctly sized for all
       refuse and recycling containers and suitably screened from public places and neighbouring
       properties.
Noise Nuisance
49.    Noise emission from mechanical equipment shall comply with the following requirements:
       49.1.   Air-conditioning and Refrigeration

                      7am to 10pm: Maximum background + 5dB(A)

                      10pm to 7am: Maximum background + 3dB(A)


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          49.2.   Pumps

                         7am to 7pm: Maximum background + 5dB(A)

                         7pm to 10pm: Maximum background + 3dB(A)

                         10pm to 7am: No audible noise.
50.       Submission of written certification from a suitably qualified person confirming that the noise
          levels from all mechanical equipment comply when measured at either the residential
          boundary or outside the most exposed part of an affected building, whichever is the closest
          to the equipment.
          The assessment and certification is required immediately after installation of the equipment
          and prior to any occupation of the building, and in a format approved by Council. All
          equipment should be operating at the same time to test the overall noise level created.
          Advice: It is highly recommended that the person you engage to certify the installation is
          involved at the plan development stage so they can recommend where this equipment is
          best located. They can also advise about noise enclosures and can make other suggestions
          to avoid noise problems. It is a lot more costly to try and deal with noise problems after
          everything is built.
51.       Noise from residential building works shall comply with the following –
          51.1.   Limited to between 7:00am to 6:30pm Monday to Saturday.
          51.2.   All reasonable measures are taken to minimise noise emissions.
          51.3.   Not permitted on Sunday or public holidays.
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

 0832/1                     A        Basement – Agenti Architects              05/08/2009

 0832/2                     A        Level One – Agenti Architects             05/08/2009

 0832/3                     A        Level Two – Agenti Architects             05/08/2009

 0832/6                     A        Roof Layout – Agenti Architects           05/08/2009

 0832/7                     B        Landscaping – Agenti Architects           10/03/2010



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 0832/7A                    B       Elevation A, B & Section 1.1– Agenti        10/03/2010
                                    Architects

 0832/8                     B       Elevations (North & West) – Agenti          10/03/2010
                                    Architects

 0832/9                     B       Sections – Agenti Architects                10/03/2010

 0832/10                    B       Elevations (East & South) – Agenti          10/03/2010
                                    Architects

 0832/12                    A       Site  Layout    Showing      Boundary       05/08/2009
                                    Openings – Agenti Architects

7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.        Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act
          if the cost of operational works exceeds $80,000, then a portable long service leave levy is
          required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
          the approved form issued by the Building and Construction Industry (Portable Long Service
          Leave) Authority that confirms that the requirements of the Act have been satisfied. A
          statutory declaration outlining the cost of the operational works must be submitted to Council
          with the lodgement of any application for operational works over the site.
2.        The development should be undertaken in a manner that causes no detrimental effect upon
          the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-
          borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other
          emissions in accordance with the nuisance provisions of the Environmental Protection
          Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
Infrastructure Contributions
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.        The applicant is informed that this development permit will trigger an Infrastructure Charge in
          accordance with the Coastal Major Road Network Infrastructure Charges Plan for the
          estimated amount of $3,036.00 and is subject to variations in the Consumer Price Index, All
          Groups Brisbane from March 2009 until the date of payment. An Infrastructure Charge
          Notice will be issued in accordance with 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).


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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

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
 Development      Permit   for   Operational         Access and/or Carparking;
 Works
                                                     Site Civil Works;
                                                     Stormwater Drainage;
                                                     Frontage Works;
                                                     Excavation of materials to fill another site;
                                                     Landscaping; and
                                                     Erosion & Sediment Control

 Development Permit for Building Works         All Building Works

11    SELF ASSESSABLE CODES

The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
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
Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice is attached in compliance with Chapter 5 of the Integrated Planning Act
1997.
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

Enc:    Infrastructure Contributions Advice Notice
        Infrastructure Charge Notice
        Approved Plans
        Appeal Rights




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                                                        Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated
                                                                    (6) If an application involves assessment against a
Planning Act (Chapter 4).                                      concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to                      for the application are not available against the part of
development applications                                       the approval that represents the concurrence agency’s
                                                               response for the code.
Appeals by applicants
                                                               Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following-          4.1.29.(1) An advice agency may, within the limits of
                                                               its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development      development approval for a development application
      application;                                             if-
(b) a matter stated in a development approval,                 (a) the development application involves impact
      including any condition applying to the                      assessment; and
      development, and the identification of a code
      under section 3.1.6;1                                    (b) the advice agency told the applicant and the
                                                                   assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a             application as a submission for an appeal.
      development permit was applied for;
                                                                  (2) The appeal must be started within 20 business
(d) the length of a relevant period;                           days after the day the decision notice or negotiated
(e) a deemed refusal.                                          decision notice is given to the advice agency as a
    (2) An appeal under subsection (1)(a) to (d) must          submitter.
be started within 20 business days (the “applicant’s           Appeals for matters arising after approval given
appeal period”) after the day the decision notice or           (co-respondents)
negotiated decision notice is given to the applicant.          4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be               development application, a person to whom any of the
started at any time after the last day a decision on the       following notices have been given may appeal to the
matter should have been made.                                  court against the decision in the notice-
Appeals by submitters                                          (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application               extension of the relevant period for an approval;
may appeal to the court about-                                 (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including                minor change to an approval.
      any conditions (or lack of conditions) or other              (2) The appeal must be started within 20 business
      provisions of the approval; or                           days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval.          the person.
    (2) The appeal must be started within 20 business                (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day            approval resulted from a development application
the decision notice or negotiated decision notice is           (superseded planning scheme) that was assessed as
given to the submitter.                                        if it were an application under a superseded planning
                                                               scheme.
    (3) If a person withdraws a submission before the
application is decided, the person may not appeal the             (4) Also, a person who has made a request
decision.                                                      mentioned in subsection (1) may appeal to the court
                                                               against a deemed refusal of the request.
    (4) If an application involves both impact
assessment and code assessment, appeal rights for                 (5) An appeal under subsection (4) may be started
submitters are available only for the part of the              at any time after the last day the decision on the
application involving impact assessment.                       matter should have been made.
    (5) If an application is processed under section           Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the                Appeals for matters arising after approval given
application are available only for the aspects of the          (no co-respondents)
development that would have required public
notification under the repealed Act.                           4.1.31.(1) A person to whom any of the following
                                                               notices have been given may appeal to the court
                                                               against the decision in the notice-
a.                                                             (a) a notice giving a decision on a request to change
                                                                   or cancel a condition of a development approval.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
                                                                                                  Page 12 of 13

Page 13

                                                                                                    2009/363

(b) a notice under section 6.1.442 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
4.1.33A.(1) A person who is dissatisfied with a
                                                            For Infrastructure Charges Only
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
(b) a deemed refusal of the application.                    charges notice.
    (2) An appeal under subsection (1)(a) must be           (2) The person may appeal to the court against the
started within 20 business days after the day notice of     notice.
the decision is to be given to the person.                  (3) The appeal must be started within 20 business
    (3) An appeal under subsection (1)(b) may be            days after-
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
Appeals against local laws                                       applicant is given notice of the decision about the
                                                                 approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions            (b)    otherwise-the day the notice is given to the
applied under a local law about the use of premises or             person.
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
Rights of appeal conferred by Section 4.2.9 of the          appeal under this section can not be about the
Integrated Planning Act 1997 as follows:                    methodology used to establish the charge in the
                                                            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) the refusal, or the refusal in part, of a development
     application;
(b) a matter stated in a development approval,
     including any condition applying to the
     development, and the identification of a code
     under section 3.1.6;3
(c) the decision to give a preliminary approval when a
     development permit was applied for;

a.
2
   Section 6.1.44 (Conditions may be changed or
  cancelled by assessment manager or concurrence
  agency in certain circumstances)
3
   Section 3.1.6 (Preliminary approval may override
  local planning instrument)
                                                                                               Page 13 of 13

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