SUPERSEDED - COMPILED Decision Notice [As Published] · 132003.220808.3

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NOOSA COUNCIL IDAS Development Application Decision Notice                                                    2


9.        CONDITIONS

The approval is subject to conditions. Noosa Council’s conditions are attached.

10.       FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                     Subject of the required Development Permit

 Development Permit for Building Works                   Dwelling House

 Development Permit for Operational Works                Landscaping, access, stormwater disposal, sediment and
                                                         erosion controls.

11.       RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.       ASSESSMENT MANAGER

 Name:          Noosa Council                Signature:                                    Date:   26/10/07

DECISION NOTICE HISTORY
 Original Decision Notice 16 October 2007.
 Minor Change to the approval with amendment to
   Condition 10on 25 October 2007.
 Minor Change to the approval with an
   amendment to Condition 10 on 3 December 2007.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                          3




                                         Noosa Council Conditions
                                         INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


Land Use

1.        Development undertaken in accordance with this approval must generally comply with the approved plans
          of development. The approved plans are numbered 0302.SK01 to 0302.SK06 prepared by Design 42 Pty
          Ltd and dated Feb 2003 and as may be amended by these conditions.

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.        All building works must be wholly contained within the building envelope applying to the site.

4.        The developer is to undertake construction practices that prevent damage and destruction of vegetation
          outside the building envelope. To this end, the building envelope is to be delineated by tape or other
          means to limit encroachment by builders into the protected area.

5.        Planting undertaken is to consist of species endemic to the Marcus Dunes area. It is intended that all
          landscaping resemble the existing vegetation in the locality, being densely planted and completely
          covering the ground.

6.        The open space and setback areas 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.

7.        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. The landscape plans referred to
          above are to denote areas of existing vegetation or existing trees proposed to be retained.

8.        Security in the form of a cash bond or trading bank guarantee to the sum of $5000 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.

9.        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.

10.       This Development Permit for a material change of use of premises lapses if:-

          10.1. the use or erection of a building or other structure associated with the use, has not been
                commenced by 3 December 2009, unless application is made and approved by Council for an
                extension; or

          10.2. the use of any premises pursuant to the Development Permit ceases.

11.       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
Car Parking

12.       Prior to occupation of the proposed dwelling, 2 off street car parking spaces (proposed within a double
          garage) with a sealed access complying with AS2890.1 - 1993 shall be provided.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                           4


Stormwater Drainage

13.       All on site stormwater including roof water is to be disposed of on site via an infiltration pit and in a
          manner that does not compromise the stability of the site.
Earthworks

14.       If any excavation work are require at or near any of the boundaries for the purpose of footing and
          foundation construction, car must be taken to ensure no earthworks/batters extend over the property
          boundary.

15.       The site is located in a Sand Dune Problem Area and will require appropriate soil testing by a
          Geotechnical Engineer and 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.
Erosion & Sediment Control

16.       To protect the environment against siltation/sediment export or soil erosion as a result of this
          development, an erosion and sediment control plan shall be submitted in conjunction with any
          Development Permit for Building Works. Site control measures such as silt fencing, controlled gravel
          access to the site and controlled disposal of waste, may be necessary. Prior to commencement of
          building works, all physical site control measures shall be installed, and the plan adhered to.
General

17.       The 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

18.       A Development Permit for Operational Works for access shall be obtained prior to commencement of
          construction. Plans shall also indicate any proposed retaining structures associated with access.
Building Services

19.       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 of 8
          metres above natural surface, required by the provisions of the Planning Scheme.

20.       The Geotechnical report submitted as part of your application has been appraised and approved subject
          to the following conditions:-

          20.1. There is to be no uncontrolled discharge of water onto the slope;

          20.2. Stripping of vegetation for construction purposes should be minimised. If vegetation is destroyed it
                should be reinstated immediately after construction is completed;

          20.3. Additional load due to fill, construction equipment or stockpiled materials should not be located on
                the dune slope;

          20.4. The use of vibratory equipment of any kind is not permitted to be used, including vibrating rollers,
                the use of vibrating installation techniques for sheet piling and other construction vibrations caused
                by excavating, earthmoving or demolition machinery or other similar construction techniques;

          20.5. A RPEQ is to be engaged by the client to oversee the sheet piling works and copies of all
                inspection reports are to be submitted to Council within 5 business days of the inspection taking
                place.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                               5



                                         Local Laws, Policies & State Regulation
                                         Requirements
                                         INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


                                                         ADVICE

1.        Although Lot 69 on MCH 5480 has been cleared of Unexploded Ordnance, it is recommended that care
          be taken when excavating on site.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                                          6




                                                      Appeal Rights
                                                      INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

     The following is an extract from the Integrated                            (5) If an application is processed under section
     Planning Act (Chapter 4).                                              6.1.28(2), appeal rights for submitters for the
                                                                            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
     4.1.27.(1) An applicant for a development application                  a concurrence agency code, appeal rights for
     may appeal to the court against any of the following-                  submitters for the application are not available
                                                                            against the part of the approval that represents the
     (a) the refusal, or the refusal                 in   part,   of   a    concurrence agency’s response for the code.
         development application;
                                                                            Appeals by advice agency submitters
     (b) a matter stated in a development approval,
         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
         under section 3.1.6;1                                              a development approval for a development
                                                                            application if-
     (c) the decision to give a preliminary approval when a
         development permit was applied for;                                (a) the development application involves impact
                                                                                assessment; and
     (d) the length of a currency period;
                                                                            (b) the advice agency told the applicant and the
     (e) a deemed refusal.                                                      assessment manager to treat its response to the
                                                                                application as a submission for an appeal.
        (2) An appeal under subsection (1)(a) to (d) must
     be started within 20 business days (the “applicant’s                      (2) The appeal must be started within 20 business
     appeal period”) after the day the decision notice or                   days after the day the decision notice or negotiated
     negotiated decision notice is given to the applicant.                  decision notice is given to the advice agency as a
                                                                            submitter.
         (3) An appeal under subsection (1)(e) may be
     started at any time after the last day a decision on the               Appeals for matters arising after approval given
     matter should have been made.                                          (co-respondents)
     Appeals by submitters                                                  4.1.30.(1) For a development approval given for a
                                                                            development application, a person to whom any of
     4.1.28.(1) A submitter for a development application
                                                                            the following notices have been given may appeal to
     may appeal to the court about-
                                                                            the court against the decision in the notice-
     (a) the giving of a development approval, including
                                                                            (a) a notice giving a decision on a request for
         any conditions (or lack of conditions) or other
                                                                                extension of the currency period for an approval;
         provisions of the approval; or
                                                                            (b) a notice giving a decision on a request to make a
     (b) the length of a currency period for the approval.
                                                                                minor change to an approval.
         (2) The appeal must be started within 20 business
                                                                                (2) The appeal must be started within 20 business
     days (the “submitters appeal period”) after the day                    days after the day the notice of the decision is given
     the decision notice or negotiated decision notice is                   to the person.
     given to the submitter.
                                                                                  (3) Subsection (1)(a) does not apply if the
        (3) If a person withdraws a submission before the                   approval resulted from a development application
     application is decided, the person may not appeal the                  (superseded planning scheme) that was assessed as
     decision.                                                              if it were an application under a superseded planning
        (4) If an application involves both impact                          scheme.
     assessment and code assessment, appeal rights for                         (4) Also, a person who has made a request
     submitters are available only for the part of the                      mentioned in subsection (1) may appeal to the court
     application involving impact assessment.                               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.


     1
          Section 3.1.6 (Preliminary approval may override local planning
         instrument)



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Division 9 - Appeals to court about other matters
Appeals for matters arising after approval given
(no co-respondents)
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 notice giving a decision on a request to change
    or cancel a condition of a development approval.
(b) a notice under section 6.1.442 giving a decision to
    change or cancel a condition of a development
    approval.
    (2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
   (3) Also, a person who has made a request
mentioned in subsection (1)(a) 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.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
    (2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.




2
     Section 6.1.44 (Conditions may be changed or cancelled by
    assessment manager or concurrence agency in certain
    circumstances)




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