142009.1227.01 Operation Works Chane Application

Page 2

  

4. Location-of the ous :
Unit No. - ‘StreetNo tb {
Suburb Nez 4

      
 

 
   

 

 

 

 

5. Concurrence.Agencies
Was there one or more concurrence agencies involved in the original approval? ENo
: 1 Yes-provide details below

 

_ Note ~ Under s372 of the Sustainable Planning Act 2009 the person making the. fequest is‘ required to give a copy of this eaves! to all |
_concurrence agencies. : :

  

 

 

6./Pre-réequest response notice. :

Has a pre-request response been given by a relevant entity (e.g. a concurrence agency) for this request? :
BANo 'O Yes :
If yes, please attach a copy of the ni :

 

 

 

 

Tee oe Rene ; a

| Is the owner's consent required for this request? ‘& No
i a Yes- complete « either Table A or Table B below
“Note - - If more than one owner of the land all owners’ details ‘are tequired | Bese :

 

 

 

 

 

  
       

PAR SHoee PESaet

“Owner's name/s Fave Soe — ‘owners names Bopy C0 Petre

“we, the above-mentioned owner/s of the land, consent o The owner's written consent is attached.
to the making of this request.

     

i

 

  
  

   

: Signature/s

Seorr PTY UAT

 

 

Page 2 of 4

Page 3

 

 

 

 

- NOTES: “Fort que

_ Under section 371 of the Sustainable Planning Act 2008, if the person making the request is not the owner of the land to which the
approval relates, the request must be accompanied by the owner's consent, sos ’ : :

| However, owner's consent is not required if the-approval:

~ relates to land the was acquisition land to which section ISK) of the ‘Sustainable: Pmning Act 2009 applied when the |
i application for the approval was made; or

 

- is for building work or operational work for the supply of community infrastructure on land designated for the” communtiy
: infrastructure; or

i ~ the consent of the owner would not be required under section 263(1) of the Sustainable Planning Act 2009 if a development
! application were made for the requested change. 5

- Also, owner's consent is not required if the Assessment Manager is satisfi ied that.

» > the number of owners of the land make it impractical to obtain owners’, ‘consent, cand the requested change does not materially
affect the owners’ land; or

: ~ having regard to the nature of the proposed change, the owner has unreasonably withheld consent and the requested change |
does not materially affect the owner's land.

 

 

8: Does the request involve a State octet es prescribed under the eee nit Regulation 2009,
fei rlare lV (Wad

‘Yes - complete below details
Nature of. State owned resource - —
“Nature of Evidence required: :
oO Evidence of allocation of / entitlement to , the resource (1 Evidence the chief executive has agreed to the request
uired above

 

Section 3703) and 4) of the Sustainable Planning Act 2009 requires that if.an application: for the develonmmant approval were “made at

the time of making this request and evidence under section 264(1) of the Sustainable: Planning Act 2009 would be required to support,
the application, this request must be accompanies by the written agreement of the. chief executive from whom evidence would be.
required under section .264(1). . : | :

Section 264 of the Sustainable Planning Act 2009 provides that if a development involves a State resource, a regulation may. requil
‘the application to be supported by certain evidence prescribed under regulation. Schedule 14 of the Sustainable Planning Regulatio
/ 2009 prescribes the State resources for which evidence is required to be given, and the evidence required, to support the application.

 

 

9. Declaration of-applicant & :

We, the applicant, declare that the above information is correct in all respects, at the time of lodgement of this:
_application with Council. Should any of the details given in relation to this application be changed in the future, the}
applicant shall advise Council i in writing prior to an ichen gnange being implemented. |

   

 

 

 

 

Page 3of4

Page 4

  

Amount paid

plication no.

   
  

 

 

Receiving Officer

 

 

Payment options ee : :

person 9 Pelican Street, Tewantin: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays).

y mail Cheque or money order to be made payable to Noosa Council. — ~

& Cheque o Money or :

~~ All payments made by credit card will incur a 0.50% surcharg pt of GST) to reflect the cost of fees _
charged for credit card transactions.

   
 
 

 

 

  
 

 

    

 

Page 4 of 4

Page 5

Galbraith Scott ey.

Consulting Chartered Builders
Construction Specialists and Project Managers

Fairshore Resort
49 Hastings St, Noosa Heads 10 February 2017

Proposed removal of the driveway planter box
Change to a Development Approval

Description

The planter box located within the driveway area is
prone to vehicle impact damage due to reversing out
from the dedicated parking bays. The location of the
planter forces most drivers to reverse towards the
street, which limits vision when crossing the footpath
area and merging into traffic on Hastings Street. The
removal of the planter will allow better reversing,
which will allow drivers to exit the site in the forward
position, which provides greater visual awareness of
pedestrians and vehicles when merging into traffic.
The proposal is to remove the planter box and make
good the wall and paving finishes to match existing.

 

Photo 1 — Existing planter within driveway

CAIMSEURE RESORT

Bees

 

“Sac?

 

  

EAST Dok. PCAN, “Bao, |

  

 

 

 

 

GALDRAITA TTS

Photo 2 — Planter at layout at shop wall
Sta Dee evlot lie.

PO Box 50 Spring Hill Qid 4004
PO Box 50 Noosa Heads Qid 4567
T: 07 §455 3770 F: 07 5455 3775

Tb Be Q QBCC Licence 1229775 ~ Builder Open and Project Management Services

Sos RIS ABN: 83 144 628 937 ACN: 144 628 937

  

Page 6

 

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Page 7

Noosa Council documents

Officer: Cherie Moira O'Sullivan
Direct Telephone: (07)
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560

Email: [email protected]
Our Reference: 2009/1227
Your Reference:

18 January 2010

Kidd & Co Designers
PO Box 262
NOOSA HEADS QLD 4567

Dear Sir/Madam

Decision Notice
Integrated Planning Act 1997

| refer to your application and advise that on 15 January 2010 Council decided to approve the
application in full subject to conditions.

Details of the decision are as follows:

    

Application No: 2009/1227
Street address: 41 Hastings Street NOOSA HEADS
Real property description: LOT: 0 BUP: 2777

Planning Scheme: The Noosa Plan

(2 DECISIONDETALS

   
 

The following type of approval has been issued:
° Development Permit for Operational Works - 09/1227 - Landscaping

   

          

 

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

4 ASSESSMENT MANAGER CONDITIONS

     

Approved Plan

1. The site is to be landscaped in accordance the approved Landscaping Plans - Drawing
WD.103 T4 titled Landscape Plan prepared by Kidd +Co designers dated 8 October 2007,
and accompanying Fairshore Apartments Refurbishment Notes for Landscape Master Plan by
Winter & Co Pty Ltd (as included with the Information Request Response dated 16 November
2009) except as amended by these conditions.

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Noosa Council documents

2009/1227

 

Amended Plan and Specification

2. The site is to be landscaped in accordance with The Noosa Plan Landscaping Code and
Planning Scheme Policy PSP3 on Landscaping Plants and Guidelines.

3. Any new planting of Pandandus tectorius var. pedunculatus species shall be sited a minimum
of 2 metres from the edge of the Main Beach promenade boardwalk to ensure pedestrian
safety.

4, The applicant must replace ail turf damaged during construction activities along the Main

Beach Promenade frontage of the site with a suitable species as agreed with by Councils
Operational Works Assessment Branch Co-Ordinator for Environment and Landscape.

Planting Methodology

5. The landscape construction is to be implemented in accordance with the amended landscape
plan, amended planting schedule and horticultural industry best practices.

6. Construction works within the drip zone of the 5 Palm and 12 Pandanus trees identified for
retention must be undertaken in accordance with the instructions of a certified Arborist.
Evidence of the arborist instruction must be provided to Councils Operational Works
Assessment Branch Co-Ordinator for Environment and Landscape prior to commencement of
construction works.

7. All trees 45 litre and greater must be securely staked and tied to assist their growth during the
12 month establishment period.

Access to services

8. All landscaping treatment shail not unduly restrict or prevent access to service meters within
the site.

9. All trees must be located a minimum of 1 metre from all services to prevent root/service
conflict and to provide future ease of maintenance requirements.

10. All manholes, inspection pits and grates are to be raised to finish surface level and kept free of
cover and be visible at all times to ensure prompt access in case of emergency.

11. This Development Permit lapses if the development has not happened by 30 December 2011,
unless application to extend the currency is approved by Council.

'5__REFERRAL AGENCY CONDITIONS

  
 
 

Not Applicable

     

The approved plans for this development approval are listed in the following table:

“Plan No. Rev. Plan Name / ' Date
“Landscaping Plans - —— Landscape Plan prepared by Kidd +Co 8 October2007.
Drawing WD.103 T4 designers and accompanying Fairshore _

Apartments Refurbishment Notes for |
Landscape Master Plan by Winter & Co |
Pty Lid (as included with the»
Information Request Response dated —
16 November 2009 '

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Noosa Council documents

2009/1227

 

    

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

4. With constant use in a marine environment the proposed 25mm thick shower deck boards are
likely to become fatigued and flexible. Fatigued and flexible decking boards can allow fixing
screws to become proud of the deck surface and can present a hazard to users. Council
recommends that decking boards be a minimum of 35mm x 110mm fixed with 75mm, 304
Stainless Steel decking screws.

2. To allow for the potential of informal seating it is recommended that capping stones are
provided on the rock wail in the vicinity of the shower. It is recommended that capping stones
are primarily the full width of the wall to limit mortar joints and top mortar joints are flush and
not contain crevices where rubbish can accumulate.

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 cuitural 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”. \t 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.

    

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 __

Not Applicable

 
   

Not Applicable

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Page 10

Noosa Council documents

2009/1227

 

 

 

Not Applicable

  

Not Applicable

 

 

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 eee

  

Should you wish to obtain more information about Council's decision electronic copies are available
on line at www.sunshinecoast.gid.gov.au, or at Council Offices

Yours faithfully

Mark Lewis

Senior Engineering Officer
Operational Works Assessment Branch

cc Kidd & Co Designers
PO Box 262
NOOSA HEADS QLD 4567

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Noosa Council documents

2009/1227

 

 

Sunshine Coast _ List of Submitters

. INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

 

 

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2009/1227

 

 

 

Sunshine Coast Referral Agency Conditions

: » INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

 

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2009/1227

 

 

sunshine Coast Appeal Rights

. INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

 

‘The following is an extract from the Integrated:

Planning Act (Chapter 4). anna nen
Division 8 - Appeals to court relating to
development applications

Appeals by applicants

4.1.27.(1) An applicant for a development application
may appeal to the court 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;'

(c) the decision to give a preliminary approval when a
development permit was applied for;

(d) the length of a relevant period;
(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must
be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant.

{3) An appeal under subsection (1}(e) may be
started at any time after the last day a decision on the
matter should have been made.

Appeals by submitters

4.1.28.(1) A submitter for a development application
may appeal to the court about-

(a) the giving of a development approval, including
any conditions (or lack of conditions) or other
provisions of the approval; or

{b) the length of a relevant period for the approval.

(2) The appeal must be started within 20 business
days (the “submitters appeal period”) after the day
the decision notice or negotiated decision notice is
given to the submitter.

(3) If a person withdraws a submission before the
application is decided, the person may not appeal the
decision.

(4) If an application involves both impact
assessment and code assessment, appeal rights for
submitters are available only for the part of the
application involving impact assessment.

(5) If an application is processed under section
6.1.28(2), appeal rights for submitters for the
application are available only for the aspects of the
development that would have required public
notification under the repealed Act.

a.

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

 

(6) If an application involves assessment against a
concurrence agency code, appeal rights for submitters
for the application are not available against the part of
the approval that represents the concurrence agency's
response for the code.

Appeals by advice agency submitters

4.1.29.(1) An advice agency may, within the limits of

its jurisdiction, appeal to the court about the giving of a

development approvai for a development application

if-

(a) the development application involves impact
assessment; and

{b) the advice agency told the applicant and the
assessment manager to treat its response to the
application as a submission for an appeal.

(2) The appeal must be started within 20 business
days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
submitter.

Appeals for matters arising after approval given
{co-respondents)

4.1.30.(1) For a development approval given for a
development application, 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 for
extension of the relevant period for an approval:

(b) a notice giving a decision on a request to make a
minor change to an 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) Subsection (1){a) does not apply if the
approval resulted from a development application
(superseded planning scheme) that was assessed as
if it were an application under a superseded planning
scheme.

(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.

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.

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Page 14

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Noosa Council documents

2009/1227

 

(b) a notice under section 6.1.44* 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 appeai 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 focal 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.

For Building Works Only

Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:

Division 3 - Appeais to tribunals relating to
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;°

(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 circurnstances)

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

 

(d) the length of a period mentioned in section 3.5.21
relevant period;
(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must
be started within 20 business days (the “applicant's
appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant.

(3) An appeal under subsection (1)(e) may be
started at any time after the last day a decision on the
matter should have been made.

The Registrar for the Building and Development
Tribunal may be contacted at the website

http://www localgovernment.gid. gov.aul

For Infrastructure Charges Only

4.1.36 Appeals about particular infrastructure
charges

(1) This section applies to a person who has been
given, and is dissatisfied with, an infrastructure
charges notice or a regulated State infrastructure
charges notice,

(2) The person may appeal to the court against the

notice.

(3) The appeal must be started within 20 business

days after-

(a) _ if the notice is given because of a development
approvaf or master plan approval-the day the
applicant is given notice of the decision about the
approval; or

(b) otherwise-the day the notice is given to the
person.

(4) An appeal under this section may only be about-

(a) whether a charge in the notice is so
unreasonable that no reasonable relevant local
government, State infrastructure provider or
coordinating agency could have imposed it; or

{b) an error in the calculation of the charge.

{5} To remove any doubt, itis declared that an
appeal under this section can not be about the
methodology used to establish the charge in the
relevant infrastructure charges schedule or regulated
State infrastructure charges schedule.

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Page 15

Naosa Council documents

 

 

 

 

 

 

 

 

 

 

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