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Attachment B - Decision Notice 2005

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Ny
ml GAS Form 6 - Decision Notice

INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION

   
 

 

 

File No: 2005/901 Date of Decision: 29 November 2005
1. APPLICANT DETAILS

Name: Marion Kay Powell & Alan Leslie Powell

Postal address: CARE Dillon Folker Stephen Town Planners
PO Box 605
MAROOCHYDORE QLD 4558

Phone no: 5443 5566 Fax no: 5443 9977

2. __ PROPERTY DESCRIPTION

Street address: 56 Seaview Terrace, Sunshine Beach

Real property Lot 64 RP 81810, County of March, Parish of Weyba
description:

3. OWNER DETAILS

Name: Alan Leslie Powell & Marion Kay Powell

Postal address: PO Box 739
NOOSA HEADS QLD 4567

4. REFERRAL AGENCIES

Referral Agency Address Basis

Environmental PO Box 15155, CITY EAST QLD 4002 Concurrence
Protection Agency

(5. APPLICATIONTYPE| = ——“i‘“COé*™*~*~*™

Development Development Details Preliminary Development

Approval Permit
Material Change of Use of Dwelling House in Sand Dune No Yes
Premises Problem Area

6. _ DECISION DETAILS

Council decided to approve the application and grant a Development Permit, subject to conditions.

(7. APPLICABLE CODES

 

   

The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-

Not applicable.
8. SUBMISSIONS

Not applicable.
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Page 2

NOOSA COUNCIL IDAS Development Application Decision Notice 2

|.9, CONDITIONS

= ——

The approval is subject to conditions. Noosa Council's conditions are attached. Conditions from the
Environmental Protection Agency, as a concurrence agency are also attached.

 

 

 

 

 

(10, FURTHER DEVELOPMENT PERMITS REQUIRED — _ |
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All building works
Development Permit for Operational Works Landscaping, access, site civil works, stormwater drainage and

erosion and sediment control

 

sen pctcuennacwrestt a panini tesa taner Acage ea mcnineea sau Ess ana eran snmacgennee|

[11. RIGHTS OF APPEAL

 

Rights of appeal in relation to this application are attached.

 

|12, ASSESSMENT MANAGER — es |

Name: Noosa Council Signature: KCoy lu Date: 02/12/05

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Page 3

NOOSA COUNCIL IDAS Development Application Decision Notice 3

 

 

MOTOS §=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 titled and numbered:-

1.1. Setback Precedents, DA.02, Revision A;
1.2. Site Plan, DA.03, Revision E;

1.3. Ground Floor Plan, DA.04, Revision E;
1.4. First Floor Plan, DA.05, Revision E;
1.5. | Second Floor Plan, DA.06, Revision E;
1.6. Roof Plan, DA.07, Revision E;

1.7. North Elevation, DA.08, Revision D;
1.8. East Elevation, DA.09, Revision D;
1.9. South Elevation, DA.10, Revision D;
1.10. West Elevation, DA.11, Revision E;
1.11. Section A, DA.12, Revision C;

1.12. Section B, DA.13, Revision C;

1.13. Section C, DA.14, Revision C;

Project P.02 prepared by Bark Design Architects and dated May 2005 and as may be amended by these
conditions.

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.

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 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. The landscape plan shall include:

3.1. Retention of the existing pandanus tree located in the northeastern corner of the site;

3.2. Additional planting of dunal vegetation endemic to the Eastern Beaches Locality is to be
implemented along the rear boundary, to assist with the stability of the site, given its topography.
This landscaping is to incorporate a diversity of native tree species including at least 2 x 45 L trees
and understorey plantings. No turfing is permitted within this area.

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. These landscape plans required to be
submitted are to denote areas of existing vegetation or existing trees proposed or required to be retained.

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Page 4

NOOSA COUNCIL IDAS Development Application Decision Notice 4

10.

11.

12.

13.

The building shall not extend seaward of the neighbouring properties as indicated by the red lines on the
approved plan titled and numbered Setback Precedents, Project No. P.02, Drawing No. DA.02, Revision A
prepared by Bark Design Architects dated May 2005. Amended plans demonstrating compliance with the
setback shall be lodged with Council prior to issue of a Development Permit for operational works.

The buildings and structures shall be finished in colours and hues of the surrounding natural landscape.

All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
(LPG or natural).

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 with the maximum allowable building height of 8
metres above natural and finished ground level. The proposed development shall not exceed 8 metres or 2
storeys from both finished and natural ground level.

The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA
Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and
Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to
comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not exceed
a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this
requirement.

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.

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
29 November 2009, unless an application to extend the currency 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.

Building Services

14,

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

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

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

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

14.4. 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;

14.5. A condition survey is to be carried out of adjoining buildings, structures and services prior to any
demolition works or construction works taking place on site. If distress already exists, a
photographic survey shall be undertaken, the distress measured and a plan to monitor changes to
distress shall be implemented;

14.6. Boundary wall movement shall be monitored throughout construction by a RPEQ and if movement
occurs construction is to be stopped immediately and appropriate action is to be taken to arrest the
movement. Further work shall only take place after a re-assessment of the conditions on site;

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Page 5

NOOSA COUNCIL IDAS Development Application Decision Notice 5

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

14.8. The applicant's Geotechnical engineer will be required to oversee construction, to assess materials
encountered, and inspect foundations to confirm design assumptions. If there is a risk of sand
movement occurring, all work shall be suspended until such steps, approved by the applicant's
Geotechnical engineer, have been taken to ensure that no further slippage will result;

14.9. Piles are to be designed to resist lateral forces resulting from instability.

Land Development
Vehicle Access

15. A vehicular access driveway to serve the development shall be constructed from the Seaview Terrace
frontage of the site with a maximum width of 5.0m.

16. 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 level difference. Should any driveways be constructed to grades that do not comply with
AS/NZS 2890.1-2004 and Council’s Standard Drawing No. 9020, 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.

17. The fencing and landscaping adjacent to the driveway shall be designed and constructed in order to
maintain sight lines in accordance with AS/NZS 2890.1:2004.

Carparking
Off Street

18. | Carparking shall be provided within the site as shown on the Second Floor Plan, Drawing Number DA.06,
Revision E, dated May 2005 prepared by Bark Design Architects, except as modified herein.

19. The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user class
1A with a minimum head clearance (headroom) at any point of 2.2m.

20. All carparking shall be kept and maintained in a condition fit for use.

Frontage Works

21. All redundant vehicular crossings to the site shall be removed and replaced by kerb and channel and
landscaping such as grasses in accordance with Council's Standard specifications prior to commencement
of the use permitted by this permit.

Stormwater Drainage

22. All stormwater drainage shall be collected on site and discharged so there is no net increase in stormwater
runoff from the site.

23. All surface stormwater runoff shall be directed underground into an on-site disposal system. All surface
stormwater runoff shall not be connected to the roof runoff rainwater storage system.

24. — Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank (minimum
storage 3000 litres per dwelling unit) that is plumbed to service the toilets in the new dwelling and
landscaping areas. The design of the rainwater storage system shall be to the satisfaction of the Manager
Plumbing Services.

25. All site stormwater drainage shall be by means of a gravity system.

Sewer Mains

26. The site shall be connected to Council's existing sewerage system in Seaview Terrace via a pump up
system. All effluent waste flows from the developed site shall be directed to an internal pump well.

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Page 6

NOOSA COUNCIL IDAS Development Application Decision Notice 6

27. The sewer pumping system shall have a minimum 12 hour storage capacity between alarm and overflow
levels .The system is to be connected to a 24 hour monitoring service which is notified in the event of a
high level alarm. The system shall be designed to ensure that the pressure main has less than a one hour
detention time to prevent odor production including during occupant absences. A flushing system may be
required to ensure detention times do not exceed one hour. Engineering plans for the sewer layout and the
sewer pumping system shall be submitted to Council for approval prior to the Plumbing and Drainage
Application. Any enquires in relation to this matter can be directed to Mike Froude (Tel 54495288) of
Council’s Sewer Section.

28. 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

29. 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.

30. Each water connection to the water reticulation system shall extend to the property boundary and be
metered. All fees for the supply of water meters shall be paid to the Council.

Earthworks

31. Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or
structures that border the development site. Fences that are affected shall be replaced prior to plan
endorsement. In this regard any fences to be replaced shall be clearly shown on the plans submitted for
Operational Works approval.

Site Stability

32. — The design of any foundations and footings for the proposed development shall be generally in accordance
with the recommendations of the Geotechnical Investigation Report 05682028 (AA) prepared by Golder
Associates dated May 2005.

33. All foundations and supporting structures, including construction devices, shall be located wholly within the
subject site and shall have no detrimental affect on the adjoining buildings and structures.

Erosion and Sediment Control

34. 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

35. Digital detailed design drawings and calculations shall be submitted with any application for a Development
Permit for Operational Works in respect of access and stormwater drainage works. To avoid conflict with
underground pipes or services, all existing and proposed services required by the development shall be
shown on the plans.

36. | 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.

37. 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.

38. 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.

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Page 7

NOOSA COUNCIL IDAS Development Application Decision Notice is

kas NOOSA Concurrence Agency Conditions —

   

 

Environmental Protection Agency
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

 

 

ecoaccess

envwonmentel oances and permits
Notice

Concurrence Agency Response

Reasons for inclusion of development conditions

In accordance with Section 3 3 18(7) of the integrated Planning Act 1997 and Section 278 of the Acts

Interpretation Act 1954, the reasons for a refusal or for the clusion of development conditions are

° The Environmental Protection Agency ts recognised as a concurrence agency under the Integrated
Planning Regulation 1998 for coastal management, other than amenity and aesthetic significance or
value Development conditions placed on the development approval for the application are in accordance
with section 106 of the Coastal Protection and Management Act 1995

The Activity for which this development approval ts issued 1s simply a restatement of the activity as prescnbed in

the legislation at the time of issuing this development approval Where there 1s any conflict between the above

descnption of the Activity for which this development approval ts issued and the conditions as specified in this

development approval as to the scale, intensity or manner of carrying out of the Activity, then such conditions

prevail to the extent of the inconsistency

This development approval authonses the Actrvity It does not authorise environmental harm unless a
concurrence agency condition within this development approval explicitly authonses that harm Where there is
no condition, or the development approval ts silent on a matter, the lack of a condition or silence shall not be
construed as authorising harm As part of the concurrence agency response the following development
conditions are to be attached to the development approval

Conditions:

Agency Interest. Coastal
The proposed development shall be in accordance with the plan numbers specified in this permit

Please note that the following Plans also apply to this approval:

Plans.
P 02 DA 03 B Powell House — Site Plan Dated May 2005

This concurrence response pursuant to the /ntegrated Planning Act 1997 and assessed against section 104 of
the Coastal Protection and Management Act 1995 does not remove the need to obtain any further approval for
this development which may be required pursuant to this or other legislation, both State and Commonwealth
Applicants are advised to check with all relevant statutory authorities for such approvals as may be required

It1s a requirement of the Environmental Protection Act 1994 that if the owner or occupier of this site becomes
aware a Notifiable Activity (as defined under Schedule 2 of the Environmental Protection Act 1994) 1s being
camed out on this land or that the land has been affected by a hazardous contaminant, they must, within thirty
(30) days after becoming aware the activity is being cared out, give notice to the Environmental Protection
Agency A list of Notifiable Activities 1s provided within Schedule 2 of the Environmental Protection Act 1994

Yours sincerely

 

Page 2 of 3 » 09/03 Version 14 Environmental Protection Agency

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