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Decision Letter - Change to an Existing Approval - 010.2007.00002277.002 [As Published] · 142007.2277.02

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                                             Officer:          Mark Lewis
                                             Direct Telephone: (07) 5449 5176
                                             Response Address: Locked Bag 72
                                                               Sunshine Coast Mail Centre QLD 4560
                                             Email:            [email protected]
                                             Our Reference:    2007/2277
                                             Your Reference:

18 November 2009

Robert James Selkirk
CARE KHA Development Managers
PO Box 6380
MAROOCHYDORE BC QLD 4558


Dear Sir / Madam

                          Change to an Existing Approval
                                   Integrated Planning Act 1997

I refer to your request to make a change to an existing approval. On 17 November 2009 Council
decided your requested changes.
Details of the decision with the consolidated conditions are as follows:
1        APPLICATION DETAILS

    Application No:              2007/2277
    Street address:              33 Hastings Street NOOSA HEADS, 1/33 Hastings Street NOOSA
                                 HEADS, 2/33 Hastings Street NOOSA HEADS, 3/33 Hastings
                                 Street NOOSA HEADS, 4/33 Hastings Street NOOSA HEADS,
                                 5/33 Hastings Street NOOSA HEADS, 6/33 Hastings Street
                                 NOOSA HEADS, 7/33 Hastings Street NOOSA HEADS
    Real property description:   LOT: 0 BUP: 2665, LOT: 1 BUP: 2665, LOT: 2 BUP: 2665, LOT: 3
                                 BUP: 2665, LOT: 4 BUP: 2665, LOT: 5 BUP: 2665, LOT: 6 BUP:
                                 2665, LOT: 7 BUP: 2665
    Planning Scheme:             The Noosa Plan

2        DECISION DETAILS

Council on 19 February 2008 decided to issue the following type of approval:-
     Development Permit for Operational Works - Landscaping
In relation to your request to extend the relevant period for the above development approval, Council
on 17 November 2009 decided to:
A.        Extend the relevant period until to 22 November 2011.
B.        Approve to change condition 11 to read as follows:
          11. This Development Permit lapses if the development has not happened by
              22 November 2011, unless an application to extend the currency is approved by Council.
C.        Issue a Change to an Existing Approval.



                                                                                        Page 1 of 6
Full text of the other 5 pages

Page 2

                                                                                       2007/2277


3     RELEVANT PERIOD OF APPROVAL

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

4     ASSESSMENT MANAGER CONDITIONS
Landscaping
1.    The site is to be developed in accordance with the approved Plans titled and numbered
      Landscape for Operational Works, Overall Layout – LGFD1227 LA01 01 of 02 Issue E,
      Schedules, Spec & Details LGFD 1227 LA02 02 of 02 Issue E, prepared by LandGraphics and
      dated Oct 2007 and as may be amended by these conditions.
2.    The following trees and shrubs shall be replaced with the following species as identified by
      PSP3 Landscaping and Planting Guidelines and as indicated on the approved plans:-
               Carpentaria acuminata replaced with Allocasuarina equestifolia;
               Eugenia reinwardtiana replaced with Banksia robur; and
               Tecomanthe hillii replaced with Hibbertia scandons.
3.    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.
4.    All native plant species located in group plantings shall not be subjected to any hedging
      maintenance regimes.
5.    All street trees and internal trees 45 litre and greater must be securely tied and staked to assist
      their growth during the establishment period.
6.    The density of planting must achieve the set out requirements as detailed on the approved
      landscape plan.
7.    Plants shall be grouped in mulched beds rather than planted individually to provide for optimum
      growing conditions and less maintenance.
8.    Prior to commencement of earthworks and removal of trees, all existing trees nominated for
      retention on the approved Council plans must be cordoned off with protective barricade fencing
      to prevent impact from all future construction works.
9.    All target or hazard pruning required on trees to be retained must be carried out by a qualified
      experienced arborist.
10.   The applicant must ensure that all landscaping treatment does not unduly restrict/prevent
      access to service meters within the site.
11.   This Development Permit lapses if the development has not happened by 22 November 2011
      unless an application to extend the currency is approved by Council.

5     REFERRAL AGENCY CONDITIONS
Not Applicable.

6     APPROVED PLANS

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

 Plan No.             Rev.    Plan Name                                                        Date
 LGFD1227 LA01        E       Landscape for Operational Works – Overall Layout                 23.12.08
 LGFD1227 LA02        E       Landscape for Operational Works – Schedules, Spec &              23.12.08
                              Details



                                                                                      Page 2 of 6

Page 3

                                                                                          2007/2277


7      ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. Should any changes or modifications to the approved plans be required as a result of construction
   constraints, a Change to an Existing Approval Application under the Integrated Planning Act must
   be made. Amended plans clearly indicating the changes must be lodged with this application
   along with the appropriate fees.
2. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local
   Law No. 12, prevents a builder or building contractor carrying out building work on a building site
   in a way that makes or causes audible noise to be made from the building work:-
     2.1. On a Sunday or public holiday, at any time; or
     2.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
     A maximum penalty of $1,500 applies to an offence under this legislation.
3. 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 prior to the commencement of any
   works over the site.
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 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

Not Applicable.
11     SELF ASSESSABLE CODES

Not Applicable.

12     SUBMISSIONS
Not Applicable.


                                                                                         Page 3 of 6

Page 4

                                                                                     2007/2277


13    REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

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.

15    OTHER DETAILS
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.


Decision Notice History
-19 February 2008        Original Decision Notice.
17 November 2009         Approved a Change to Condition 11 extending the
                         currency period to 22 November 2011.

Yours faithfully




Mark Lewis
Senior Engineering Officer
Operational Works Assessment Branch




                                                                                    Page 4 of 6

Page 5

                                                                                                   2007/2277


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

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                                                                                                2007/2277

(b) a notice under section 6.1.442 giving a decision to      (c) the decision to give a preliminary approval when a
    change or cancel a condition of a development                  development permit was applied for;
    approval.                                                (d) the length of a period mentioned in section 3.5.21
    (2) The appeal must be started within 20 business              relevant period;
       days after the day the notice of the decision is      (e) a deemed refusal.
       given to the person.
                                                                 (2) An appeal under subsection (1)(a) to (d) must be
    (3) Also, a person who has made a request                started within 20 business days (the “applicant’s appeal
       mentioned in subsection (1)(a) may appeal to the      period”) after the day the decision notice or negotiated
       court against a deemed refusal of the request.        decision notice is given to the applicant.
    (4) An appeal under subsection (3) may be started at         (3) An appeal under subsection (1)(e) may be started
       any time after the last day the decision on the       at any time after the last day a decision on the matter
       matter should have been made.                         should have been made.
Appeals against decisions to change approval conditions      The Registrar for the Building and Development
under the repealed Act                                       Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision     http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or        For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court      4.1.36 Appeals about particular infrastructure
against-                                                     charges
(a) the decision; or                                         (1) This section applies to a person who has been
(b) a deemed refusal of the application.                     given, and is dissatisfied with, an infrastructure charges
                                                             notice or a regulated State infrastructure charges notice.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of      (2) The person may appeal to the court against the
the decision is to be given to the person.                   notice.
    (3) An appeal under subsection (1)(b) may be started     (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter      after-
should have been made.                                       (a) if the notice is given because of a development
Appeals against local laws                                        approval or master plan approval-the day the
                                                                  applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
                                                                  approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the           (b)    otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the   (4)    An appeal under this section may only be about-
planning scheme may appeal to the court against the
                                                             (a) whether a charge in the notice is so unreasonable
decision or the conditions applied.                              that no reasonable relevant local government, State
    (2) The appeal must be started within 20 business            infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the        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 appeal
Rights of appeal conferred by Section 4.2.9 of the           under this section can not be about the methodology
Integrated Planning Act 1997 as follows:                     used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to                charges schedule or regulated State infrastructure
development applications                                     charges schedule.
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


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 6 of 6

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