Council archive · source document
Decision Notice - 010.2008.00000215.001 [As Published] · 142008.215
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/215
Your Reference:
16 May 2008
Building Surveying Professionals Qld Pty Ltd
PO Box 1632
BUDERIM QLD 4556
Dear Sir
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 16 May 2008 Council decided to approve the application
in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/215
Street address: 181 Gympie Terrace, Noosaville
Real property description: Lot 1 RP 69868
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Operational Works - Landscaping, Sediment & Erosion Control,
Frontage Works, Stormwater, Filling, Car Parking & Access
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Permit is 2 years from the date that this development
approval takes effect.
4 ASSESSMENT MANAGER CONDITIONS
Landscaping
1. The site is to be landscaped in accordance with Council’s Policy on Landscaping Guidelines
and the approved Landscaping Plan. The approved plan is titled and numbered:
Plan / Rev. Plan / Document Name Date
Document No.
Landscaping Plan – Redwoods 25 March 2008
Landscaping (W. Redwood)
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and as may be amended by these conditions and annotations made on the plan.
2. The landscaping shall be amended in accordance with the annotations made on the approved
plan, including:
2.1. Additional screening shrubs shall be provided in front of the fencing to The Cockleshell
and Gympie Terrace frontages;
2.2. The extent of the landscaping shall be contained within the property boundaries; &
2.3. The exotic Phylanthrus multiflora along the street frontages shall be deleted or
replaced.
3. The landscape construction is to be implemented in accordance with the amended landscape
plan, planting schedule and horticultural industry best practices.
4. 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.
5. All native plant species located in group plantings shall not be subjected to any hedging
maintenance regimes.
6. Any landscaping in the road reserve shall be setback a minimum of 500mm from the back of
the kerb to allow adequate access as vehicles park parallel to the kerb on The Cockshell.
7. All street trees and internal trees 45 litre and greater must be securely tied and staked to
assist their growth during the establishment period.
8. The density of planting must achieve the set out requirements as detailed on the approved
landscape plan.
9. 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.
10. All target or hazard pruning required on trees to be retained must be carried out by a qualified
experienced arborist.
11. The applicant must ensure that all landscaping treatment does not unduly restrict/prevent
access to service meters within the site.
12. All trees must be located:
12.1. a minimum of 1.0 metres from all services to prevent root/service conflict and to
provide future ease of maintenance requirements
12.2. a minimum of 2.0 metres from stormwater catchpits
12.3. a minimum of 4.0 metres from all overhead street lighting.
Frontage Works, Access, Car Parking, Stormwater Disposal, Sediment & Erosion Controls and
Filling of the Site.
Approved Plans
13. The approved plans for this development approval are listed in the following table:
Plan / Rev. Plan / Document Name Date
Document No.
1763-0-2 Sediment & Erosion Control Plan 13-9-07
Operational Works – Construction
Hydraulics
18.0707.1.1A A Ground Floor Plan – Andrew McKellar 11 March 08
Design
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1763-0-1 A Stormwater Operational Works – 13-9-07
Construction Hydraulics
14. The development shall carried out in accordance with the approved plans listed below or as
modified herein.
15. Survey levels must be taken on the existing manhole in The Cockleshell, prior to works
commencing, to ensure that the internal drainage can drain via gravity means to the manhole.
16. Roof and surface runoff connection to Council’s drainage system shall be as shown on
drawing No. 1763-0-1A.
17. A Traffic Management Plan for the development addressing all construction phases shall be
prepared by suitably qualified persons and submitted to Council for approval prior to the pre
start meeting. The report shall address, but not be limited to, all items listed below, further the
plan shall be flexible that it addresses all stages of the development:-
17.1 A single nominated access location to from the site.
17.2 Provision of onsite parking for personnel working on this development, as
there is limited parking available in adjacent streets.
17.3 Provision of safe cycle and pedestrian movements around the development
on Gympie Terrace and The Cockleshell.
17.4 No queuing of trucks is permitted on residential streets, especially prior to
7.00am. Further parked trucks must have engines turned off.
17.5 Provision of signage and traffic controllers in accordance with Manual of
Uniform Traffic Control Devices and Traffic Infrastructure (Roads) Act.
18. A footpath 1.5 metres wide shall be constructed across the full frontage of the development.
The footpath shall have a slip resistant surface. The alignment, of which, shall be determined
on site with Council’s Construction Technical Officer. The expansion joints in any
bikeway/footpath shall be “sawcut” not trowel jointed.
19. Suitable sediment control devices ("in pit” pollution control devices) shall be temporarily
installed into the first existing external downstream stormwater structure.
These devices are to be checked and cleaned on a regular basis and specifically after each
rain event.
These devices are to remain in place during the civil works and construction phases of the
development.
The location and type of device to be installed shall be established at the “pre start” meeting
with Council’s Construction Technical Officer and shall be installed prior to the
commencement of any works.
20. Council’s Construction Technical Officer (ph 0410 512 505), shall be given seven (7) days’
notice of intention to commence works to arrange a “pre start” meeting prior to the
commencement of works.
21. The principal contractor must have all the appropriate insurance and public liability
documentation to carry out the works. The principal contractor is also responsible to ensure
that any sub contractors also have the appropriate insurance and public liability
documentation.
22. Prior to the “pre start” meeting, the principal contractor must be provided with a copy
of Council’s signed approved drawings and conditions by the applicant.
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23. Please provide one copy (A3 size) of the approved plans and a copy of the job specifications
for Council’s Construction Technical Officer.
24. The Consulting Engineers for the project shall be currently Registered Professional Engineers
of Queensland (RPEQ). The consulting engineers are responsible for arranging all
inspections, with Council’s Construction Technical Officer or nominated staff.
25. Prior to works commencing, Council is to be advised of the Engineer (RPEQ) supervising the
project. (This person will be the contact for the project).
26. Council standards shall apply to these works unless otherwise modified herein.
27. The person acting on this permit shall ensure that its consultants and contractors take all
reasonable care during the construction of the engineering works to ensure that Council
property, road pavements or facilities (such as underground drainage, water supply,
sewerage, footpaths, kerbing, landscaping, street furniture etc.) are protected against any
damage or interference whatsoever.
If any Council property or facilities should be damaged by the Applicant or any of its
Consultants or Contractors through any cause whatsoever in the course of, directly or
indirectly, carrying out the engineering works, the Applicant and/or its Contractors shall
forthwith notify the Manager Land Development and shall forthwith rectify the damage to that
property or facility at its cost and to the satisfaction of the Manager Land Development.
All rectification works are to be completed prior to the commencement of the use or,
alternatively, the Applicant may request the Council to carry out the rectification work at the
Applicant’s cost, such cost being paid by the Applicant to the Council prior to the
commencement of the use.
In the case of any emergency the Council shall be entitled to rectify such damage at the cost
of the Applicant, such cost being paid prior to the commencement of the use.
28. The development of the site shall be carried out in such a manner as to prevent dust and/or
sand nuisance to residents and/or tenants in the vicinity of the development.
29. Construction work and other associated activities are permitted only during the hours of 7.00
am and 6.00 pm Monday to Saturday. No work is permitted on Sundays or public holidays,
except where extended hours are approved by the Manager-Land Development or his
nominee.
30. All signage, including that for safety during construction shall be in accordance with the
Manual of Uniform Traffic Control Devices and Transport Infrastructure (Roads) Act.
31. Safe pedestrian access on Gympie Terrace and The Cockleshell shall be maintained at all
times. Should footpath / road closures be necessary to carry out construction works, Council’s
Construction Technical Officer (ph 0410 512 505) must be notified prior to the proposed
closure.
32. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot “fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system or natural waterways. Although the sediment and erosion control
measures have been approved on drawing No. 1763-0-2, Council’s Manager – Land
Development may request further controls to be installed should approved measures be
inefficient.
33. The owners of the subject property shall maintain the grease/oil arrestor pits/gross pollutant
traps in accordance with the manufacturers specifications.
34. The owners of the subject property shall inspect the grease/oil arrestor pits/gross pollutant
traps on a weekly basis and after each storm event.
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The owners of the subject property shall enter into an ongoing maintenance contract with a
Registered Contractor to clean and maintain the grease/oil arrestor pits/gross pollutant traps
on a regular three monthly cycle and on a “On Call” basis in the case of an emergency.
The management and maintenance of the grease/oil arrestor pits/gross pollutant traps shall be
included in the Community Management Scheme for the completed development.
35. Prior to acceptance of civil works to become Council assets "On Maintenance", the lodgement
of satisfactory “As Constructed” records shall be submitted to Council.
As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer
(RPEQ) 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) and Council’s Planning Scheme Policy 5 – Engineering
Design Standards – Roads, Drainage and Earthworks.
Approval of works shall not be granted until all As Constructed information has been supplied
and accepted by Council.
36. A 5% cost of works to become Council assets or $1,500 bond (whichever is the greater) will
be imposed on construction works during the maintenance period, which is a minimum period
of 12 months duration. Such bond must be lodged by, and shall only be accepted from the
Developer for the works.
37. The works to become Council assets will not be accepted "On Maintenance" until the
landscaping is completed.
38. These works are also to be in compliance with the relevant conditions of the Court Order in
relation to Development Application No. 23731DA.
39. Notwithstanding that Council has checked the plans with due care, where it is found during
construction that variations from Council's standards exist, then Council standards shall apply
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
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
Landscaping Plan – Redwoods 25 March 2008
Landscaping (W. Redwood)
1763-0-2 Sediment & Erosion Control Plan 13-9-07
Operational Works – Construction
Hydraulics
18.0707.1.1A A Ground Floor Plan – Andrew McKellar 11 March 08
Design
Page 5 of 9
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1763-0-1 A Stormwater Operational Works – 13-9-07
Construction Hydraulics
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.
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.
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 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
Nil
11 SELF ASSESSABLE CODES
Not applicable
12 SUBMISSIONS
Not applicable
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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.
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
Should you wish to obtain more information about Council’s decision electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,
Denis Wallace
PLANNING OFFICER
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
(5) If an application is processed under section
The following is an extract from the Integrated 6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4). 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
4.1.27.(1) An applicant for a development against a concurrence agency code, appeal rights
application may appeal to the court against any of for submitters for the application are not available
the following- 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, 4.1.29.(1) An advice agency may, within the limits
including any condition applying to the of its jurisdiction, appeal to the court about the
development, and the identification of a code giving of a development approval for a
1
under section 3.1.6; development application if-
(c) the decision to give a preliminary approval (a) the development application involves impact
when a development permit was applied for; 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
(2) An appeal under subsection (1)(a) to (d) the application as a submission for an appeal.
must be started within 20 business days (the (2) The appeal must be started within 20
“applicant’s appeal period”) after the day the business days after the day the decision notice or
decision notice or negotiated decision notice is negotiated decision notice is given to the advice
given to the applicant. agency as a submitter.
(3) An appeal under subsection (1)(e) may be Appeals for matters arising after approval given
started at any time after the last day a decision on (co-respondents)
the matter should have been made. 4.1.30.(1) For a development approval given for a
Appeals by submitters development application, a person to whom any of
4.1.28.(1) A submitter for a development the following notices have been given may appeal
application may appeal to the court about- to 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
provisions of the approval; or approval;
(b) the length of a currency period for the 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 (the “submitters appeal period”) (2) The appeal must be started within 20
after the day the decision notice or negotiated business days after the day the notice of the
decision notice is given to the submitter. decision is given to the person.
(3) If a person withdraws a submission before (3) Subsection (1)(a) does not apply if the
the application is decided, the person may not approval resulted from a development
appeal the decision. application (superseded planning scheme)
that was assessed as if it were an
(4) If an application involves both impact application under a superseded planning
assessment and code assessment, appeal rights scheme.
for submitters are available only for the part of the
application involving impact assessment. (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.
1
Section 3.1.6 (Preliminary approval may override
local planning instrument)
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(5) An appeal under subsection (4) may be (2) The appeal must be started within 20
started at any time after the last day the business days after the day notice of the decision
decision on the matter should have been is given to the applicant.
made. For Building Works Only
Division 9 - Appeals to court about other Rights of appeal conferred by Section 4.2.9 of the
matters Integrated Planning Act 1997 as follows:
Appeals for matters arising after approval given Division 3 – Appeals to tribunals relating to
(no co-respondents) development applications
4.1.31.(1) A person to whom any of the following Appeals by applicants
notices have been given may appeal to the court
4.2.9(1) An applicant for a development application
against the decision in the notice-
may appeal to the Building and Development
(a) a notice giving a decision on a request to Tribunal against any of the following-
change or cancel a condition of a development
approval. (a) the refusal, or the refusal in part, of a
2 development application;
(b) a notice under section 6.1.44 giving a decision
to change or cancel a condition of a (b) a matter stated in a development approval,
development approval. including any condition applying to the
development, and the identification of a code
(2) The appeal must be started within 20 under section 3.1.6;
3
business days after the day the notice of the
decision is given to the person. (c) the decision to give a preliminary approval when a
development permit was applied for;
(3) Also, a person who has made a request
(d) the length of a period mentioned in section 3.5.21
mentioned in subsection (1)(a) may appeal
currency period;
to the court against a deemed refusal of the
request. (e) a deemed refusal.
(4) An appeal under subsection (3) may be (2) An appeal under subsection (1)(a) to (d) must
started at any time after the last day the be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or
decision on the matter should have been
negotiated decision notice is given to the applicant.
made.
(3) An appeal under subsection (1)(e) may be
Appeals against decisions to change approval started at any time after the last day a decision on the
conditions under the repealed Act matter should have been made.
4.1.33A.(1) A person who is dissatisfied with a The Registrar for the Building and Development
decision made on an application to change the Tribunal may be contacted at the website
conditions attached to an approval given under http://www.localgovernment.qld.gov.au/
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
Section 6.1.44 (Conditions may be changed or
3
cancelled by assessment manager or concurrence Section 3.1.6 (Preliminary approval may override
agency in certain circumstances) local planning instrument)
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