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Decision Notice - Change to an Existing Approval - 010.2007.00001728.002 [As Published] · 132007.1728.02
Officer: Duncan Thompson
Direct Telephone: (07) 5449 5175
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2007/1728
Your Reference:
1 July 2008
D. Snowden
CARE GMA Certification Group Pty Ltd
PO Box 1452
NOOSAVILLE QLD 4566
Dear Sir
Change to an Existing Approval
Integrated Planning Act 1997
I refer to your request to make a change to an existing approval. On 1 July 2008 Council decided
your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 2007/1728
Street address: 7 The Promontory, Noosaville
Real property description: Lot 817 SP 102579
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 23 October 2007 decided to issue the following type of approval: -
Development Permit for Material Change of Use - Detached House
In relation to the request to make a change to the existing approval, Council on 1 July 2008 decided
to:
A. Approve a change to Condition 1
B. Include an additional condition
C. Issue a Change to an Existing Approval
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
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2007/1728
4 ASSESSMENT MANAGER CONDITIONS
General
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are titled:
Plan / Rev. Plan / Document Name Date
Document No.
Ground Floor Plan – Proposed Snowden August 2007
Residence – Gary George Design Group
Level 1 Plan – Proposed Snowden Residence October 2007
– Gary George Design Group
Elevations (East/West, South/North) – October 2007
Proposed Snowden Residence – Gary
George Design Group
Proposed Terrace – Pergola April 2008
Proposed Stairs and Patio Area (North April 2008
Elevation)
Proposed Terrace – Pergola (East Elevation) April 2008
Proposed Terrace – Pergola (West Elevation) April 2008
and as may be amended by these conditions and annotations on the plans.
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. The frontage of the western most garage shall be set back 1m from the adjoining garages.
4. The building height shall not exceed 8.0 metres above natural ground level.
5. All hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural).
6. Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) are
not constructed under overhead electricity transmission lines, or within any easements.
7. A rainwater storage tank with a minimum capacity of 5000 litres shall be provided on site to
service the detached house. The tank is to be installed to ensure water from the tank can be
used both:
7.1. for external use such as watering gardens, irrigation, ornamental ponds or water
features, topping up swimming pools, outdoor cleaning; and
7.2. for use in flushing of toilets internal to the building.
Landscaping
8. A minimum of 25% of the area within 4.5m of the revetment wall is planted with shrubs.
9. A maximum of 25% of the area within 4.5m of the revetment wall is under hard pavement and
the balance is to be turf or ground covers.
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2007/1728
10. No tree species with a mature height of over 3m are planted within 4.5m of the revetment wall.
11. No shrubs are planted within 1m of the revetment wall.
12. The ground surface within the first metre from the revetment wall is turf, groundcover or hard
pavement.
Currency
The Development Permit for a material change of use lapses if the use has not happened by 23
October 2011, unless an application to extend the currency is approved by Council.
Additional Condition
1. The development will not result in a reduction in the available flood storage volume within the
site in the 4.5 metre setback from the revetment wall.
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 Rev. Plan / Document Name Date
No.
Ground Floor Plan – Proposed Snowden August 2007
Residence – Gary George Design Group
Level 1 Plan – Proposed Snowden Residence October 2007
– Gary George Design Group
Elevations (East/West, South/North) – October 2007
Proposed Snowden Residence – Gary
George Design Group
Proposed Terrace – Pergola April 2008
Proposed Stairs and Patio Area (North April 2008
Elevation)
Proposed Terrace – Pergola (East Elevation) April 2008
Proposed Terrace – Pergola (West Elevation) April 2008
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
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1. 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:-
1.1. On a Sunday or public holiday, at any time; or
1.2. 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.
2. Prior to the commencement of the development, a plumbing assessment must be obtained
from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage
Act 2002 (as applicable).
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
Development Permit for Building Works All Building Works
11 SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Detached House Driveways Code
12 SUBMISSIONS
Not applicable
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
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2007/1728
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.
DECISION NOTICE HISTORY
Original Decision Notice issued 23 October
2007.
Changes to an Existing Approval issued 1
July 2008 with amendment to Condition 1 and
inclusion of an additional condition.
Yours faithfully,
Duncan Thompson
ASSISTANT PLANNING OFFICER
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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 a
4.1.27.(1) An applicant for a development application concurrence agency code, appeal rights for
may appeal to the court against any of the following- submitters for the application are not available against
(a) the refusal, or the refusal in part, of a development the part of the approval that represents the
application; concurrence agency’s response for the code.
(b) a matter stated in a development approval, Appeals by advice agency submitters
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
1
under section 3.1.6; a development approval for a development
(c) the decision to give a preliminary approval when a application if-
development permit was applied for; (a) the development application involves impact
(d) the length of a currency period; assessment; and
(e) a deemed refusal. (b) the advice agency told the applicant and the
assessment manager to treat its response to the
(2) An appeal under subsection (1)(a) to (d) must application as a submission for an appeal.
be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or (2) The appeal must be started within 20 business
negotiated decision notice is given to the applicant. days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(3) An appeal under subsection (1)(e) may be submitter.
started at any time after the last day a decision on the
matter should have been made. Appeals for matters arising after approval given
(co-respondents)
Appeals by submitters
4.1.30.(1) For a development approval given for a
4.1.28.(1) A submitter for a development application development application, a person to whom any of the
may appeal to the court about- following notices have been given may appeal to the
(a) the giving of a development approval, including court against the decision in the notice-
any conditions (or lack of conditions) or other (a) a notice giving a decision on a request for
provisions of the approval; or extension of the currency period for an approval;
(b) the length of a currency period for the approval. (b) a notice giving a decision on a request to make a
(2) The appeal must be started within 20 business minor change to an approval.
days (the “submitters appeal period”) after the day (2) The appeal must be started within 20 business
the decision notice or negotiated decision notice is days after the day the notice of the decision is given
given to the submitter. to the person.
(3) If a person withdraws a submission before the (3) Subsection (1)(a) does not apply if the
application is decided, the person may not appeal the approval resulted from a development application
decision. (superseded planning scheme) that was assessed as
(4) If an application involves both impact if it were an application under a superseded planning
assessment and code assessment, appeal rights for scheme.
submitters are available only for the part of the (4) Also, a person who has made a request
application involving impact assessment. 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
1
at any time after the last day the decision on the
Section 3.1.6 (Preliminary approval may override local matter should have been made.
planning instrument)
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2007/1728
Division 9 - Appeals to court about other matters Appeals by applicants
Appeals for matters arising after approval given 4.2.9(1) An applicant for a development application
(no co-respondents) may appeal to the Building and Development Tribunal
4.1.31.(1) A person to whom any of the following against any of the following-
notices have been given may appeal to the court (a) the refusal, or the refusal in part, of a development
against the decision in the notice- application;
(a) a notice giving a decision on a request to change (b) a matter stated in a development approval,
or cancel a condition of a development approval. including any condition applying to the
2
(b) a notice under section 6.1.44 giving a decision to development, and the identification of a code
3
change or cancel a condition of a development under section 3.1.6;
approval. (c) the decision to give a preliminary approval when a
(2) The appeal must be started within 20 business development permit was applied for;
days after the day the notice of the decision is (d) the length of a period mentioned in section 3.5.21
given to the person. currency period;
(3) Also, a person who has made a request (e) a deemed refusal.
mentioned in subsection (1)(a) may appeal to (2) An appeal under subsection (1)(a) to (d) must
the court against a deemed refusal of the be started within 20 business days (the “applicant’s
request. appeal period”) after the day the decision notice or
(4) An appeal under subsection (3) may be started negotiated decision notice is given to the applicant.
at any time after the last day the decision on (3) An appeal under subsection (1)(e) may be
the matter should have been made. started at any time after the last day a decision on the
Appeals against decisions to change approval matter should have been made.
conditions under the repealed Act The Registrar for the Building and Development
4.1.33A.(1) A person who is dissatisfied with a Tribunal may be contacted at the website
decision made on an application to change the http://www.localgovernment.qld.gov.au/
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.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to
development applications
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 local
agency in certain circumstances) planning instrument)
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