Council archive · source document
Decision Notice - Advice Agency - EPA [As Published] · 132009.152
Officer: Marcus Brennan
Direct Telephone: (07) 5449 5294
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2009/152
Your Reference: Project no. 333754
27 April 2009
Environmental Protection Agency
GPO Box 2771
BRISBANE QLD 4001
Dear Sir
Decision Notice
Integrated Planning Act 1997
Your Department was an advice agency for the above application and provided advice to Council in
a letter dated 26 March 2009. On 24 April 2009, Council decided to approve the application in full
subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2009/152
Street address: 61 Lake Flat Road, Boreen Point
Real property description: Lot 5 SP 109944
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use - Multiple Housing Type 1 - Relative or
Employee
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
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: -
Plan / Document No. Rev. Plan / Document Name Date
Sheet 2 of 12 Site Plan – Phill McGowan Drafting 19 November
2008
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Sheet 5 of 12 Floor Plan – Phill McGowan Drafting 19 November
2008
Sheet 6 of 12 Elevations – Phill McGowan Drafting 19 November
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.
2
3. The relative’s apartment shall have a maximum gross floor area of 65m and be fully
wheelchair accessible in accordance with the Building Code of Australia.
4. On site water storage for a minimum of 60,000 litres shall be provided on site to service the
detached house and second dwelling unit.
5. The Development Permit for a material change of use lapses if the use has not happened by
24 April 2013, unless an application to extend the relevant period is approved by Council.
Land Development
River Flooding
6. All buildings proposed on site (and areas utilised for carparking purposes associated with the
buildings) shall be constructed to comply with Council’s Minimum Floor Height requirements
as defined in Council’s Planning Scheme and on Council’s Scheme Maps at the time of issue
of the Building Permit.
In this regard and as an indication only – the dwelling that is subject of this approval should
have a Minimum Floor Height of RL 3.3m above AHD. These levels however are subject to
change and verification shall be made to Council’s Land Development Section prior to
obtaining a Development Permit for Building Works.
The applicant should note that compliance with these levels does not permit the site to be
filled as an equal result can be achieved by suspending the lower levels of the building.
Minimum floor levels should be strictly adhered to without building higher than is actually
needed to prevent flooding.
Effluent Disposal
7. Effluent shall be treated and disposed of in accordance with all recommendations of The site
and soil evaluation for an on site effluent disposal system by STA Consulting Engineers, dated
15 December 2008 except as modified herein.
7.1 The top of the batter surrounding the effluent disposal area must include suitable
bunding to prevent treated effluent flow over the sides of the effluent irrigation area.
7.2 The design and construction of any on-site effluent disposal system and disposal area
(land application area) shall be in accordance with Council’s Planning Scheme Policy
PSP24 - Effluent Disposal.
7.3 The land application area shall be positioned to achieve the greatest possible setback
to any permanent or intermittent watercourse.
7.4 The land application area shall be positioned at least 15m from any underground
rainwater tanks.
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Roof Water & Stormwater Drainage
8. Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank that
is installed to ensure water from the rainwater storage system or tank is used for external uses
(such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming
pools, outdoor cleaning, etc) and for internal (ground floor) use in washing machine cold taps
and toilet cisterns. All rainwater tanks are to be designed and installed in accordance with the
Queensland Development Code (QDC) current at the time of building approval, and shall be
part of the plumbing application for approval. The location and capacity of the tanks shall be
clearly shown on the plans submitted for Building approval and any overflow shall be
discharged in a manner that will not cause scour and will not cause ponding on neighbouring
properties.
9. All stormwater drainage (including roof water overflow from the rainwater storage system)
shall be collected and discharged so there is no net increase in stormwater runoff from the
site.
10. All site stormwater drainage shall be by means of a gravity system.
Earthworks
11. As parts of the site are proposed to be filled to raise the effluent disposal area above Q100
flood level, the applicant must undertake filling in a manner that will not increase the flood
levels in the vicinity or cause additional ponding/flooding on neighbouring properties.
12. Filling works are only permitted for the purpose of constructing the effluent disposal area
above the Q100 flood level. The total area of fill on site is not permitted to increase as a result
of filling for the expansion of the effluent disposal area.
13. Filling works required on site shall be carried out in accordance with Council’s Planning
Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any natural
watercourses.
14. Filling in order to expand the footprint of the building pad is not permitted.
Erosion and Sediment Control
15. 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 in accordance
with the Healthy Waterways document and fact sheet series titled Controlling Stormwater
Pollution on your Building Site dated 2006 are required to be submitted with the application for
a Building Works Permit.
Contributions Towards Council Infrastructure
16. Monetary contributions shall be paid to Sunshine Coast Regional Council towards the cost of
providing and/or upgrading various infrastructure at the rates applicable at the time of
payment. An estimate only of the contribution amounts under the current Council policies and
requirements is outlined in the table below:
Contribution Required For: Amount:
PSP12 – Public Open Space Contributions (Park) $543.00
TOTAL Contribution Amount = $543.00
Please note that these amounts are all subject to variations in the Consumer Price Index, All
Groups Brisbane from December 2008 until the date of payment.
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All contributions must be paid prior to the issue of a Development Permit for Building Works.
General
17. 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.
18. 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.
19. 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.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Vegetation Clearing Concurrence Department of GPO Box 2454
Natural Resources BRISBANE QLD 4000
& Water
Wetlands Advice Environmental GPO Box 2771
Protection Agency BRISBANE QLD 4001
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
Sheet 2 of 12 Site Plan – Phill McGowan Drafting 19 November 2008
Sheet 5 of 12 Floor Plan – Phill McGowan Drafting 19 November 2008
Sheet 6 of 12 Elevations – Phill McGowan Drafting 19 November 2008
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. The applicant is advised that development contributions and infrastructure charges applicable
to this development approval have been based on the following Uses Class/ Uses and
applicable quantities:-
Existing Development Approved Development
Existing Use Class Approved Use Class
Existing Quantity Approved Quantity
/ Use / Use
Detached House
+ 1 Dwelling
Detached House 1 Dwelling Multiple Housing +
Type 1 Relative or 1 x 1 bedroom unit
Employee
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2. The applicant is informed that payment via credit card transaction will not be an acceptable
method of payment for development contributions conditioned in this permit or for
infrastructure charge notices issued separately.
3. The applicant is advised that a Compliance Permit for all plumbing and drainage works within
the boundaries of the development site shall be obtained from Council’s Plumbing Services
Section prior to obtaining a Development Permit for Building Works.
4. The applicant is advised that the proposed dwelling is located within areas likely to contain
Acid Sulfate Soils. It is recommended that the applicant seek certification with the application
for Building Works Permit that the building materials proposed to be used within structures to
be located within sulphurous or acid soil are resistant against the corrosive effects of
sulphurous or acid soils.
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
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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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 are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,
Kerri Coyle
MANAGER – LAND USE
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2009/152
Referral Agency Conditions –
Department of Natural Resources &
Water
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2009/152 Page 8 of 12 [OCR of page images] 2009/152 NRW — Referral Agency Response 2002/001501 4. Reasons for the concurrence agency response NRW has assessed the application against the Concurrence Agency Policy for Material Change of Use (MCU) 23 August 2007 (MCU Policy). The property supports areas of remnant vegetation, These areas are shown on the certified Regional Ecosystem Map. The removal of vegetation within these areas is regulated under the authority of Vegetation Management Act 1999. NRW has determined that ihe application satisfies the requirements of Criteria Table A within the MCU Policy because the proposed dwelling’s location will not result in clearing of remnant vegetation to either construct the proposed dwelling or protect it from vegetation-related hazards such as wildfire. NRW has directed the assessment manager to include conditions in any development approval given for the application to ensure that remnant vegetation will be conserved and the current setback of infrastructure to remnant vegetation will be maintained in order to: * ensure that future clearing of remnant vegetation is not necessitated by the proximity of infrastructure to it; and « any development approval remains consistent with the MCU Policy. 5. Definitions Underlined terms have been defined—Schedule A — Glossary. 6. Delegated officer signature Andrew Collins Senior Vegetation Management Officer South East Region, NRW 18 March 2009 Attachment | Schedule A - Glossary Schedule B — Natural Resources & Water Advice Page 2 of 4 Page 8 of 12
Page 9
2009/152 Page 9 of 12 [OCR of page images] 2009/152 NRW-~ Referral Agency Response 2009/001501 Schedule A — Glossary Clearing, for vegetation: * means remove, cut down, ringbark, push over, poison or destroy in any way including by burning, flooding or draining; but « does not include destroying standing vegetation by stock, or lopping a tree. Regional Ecosystem means a vegetation community in a bioregion that is consistently associated with a particular combination of geology, landform and soil. Regional ecosystem map— regional ecosystem map means a map— (a) certified by the chief executive as the regional ecosystem map for a particular area; and (b) maintained by the department for the purpose of showing, for the area— (i) remnant endangered regional ecosystems; and ii) remnant of concern regional ecosystems; and (iii) remnant not of concern regional ecosystems; and (iv) numbers that reference regional ecosystems. A regional ecosystem map includes any amendment to the map included in a schedule to the map and certified by the chief executive as an amendment to the map at the day the amendment is certified. Regional ecosystem maps can be viewed at NRW offices or by accessing the following internet address: htip://www.epa.qld.gov.au/nature_conservation/biodiversity/regional_ecosystems/in troduction_and_status/Regional_ Ecosystem Maps/#lot Remnant vegetation means the vegetation mapped as being within a regional ecosystem shown on the regional ecosystem map. Vegetation is any native plant other than grasses and non-woody herbage. Schedule B — Natural Resources & Water Advice Aboriginal cultural heritage advice Under Section 23 of the Aboriginal Cultural Heritage Act 2003 (Qld), a person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). Maximum penalties for breaching the duty of care are $750,000 for a corporation and $75,000 for an individual. You will comply with the cultural heritage duty of care if you are acting in accordance with gazetted cultural heritage duty of care guidelines. An assessment of your proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by your activity. It will also Page 3 of 4 Page 9 of 12
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2009/152 Page 10 of 12 [OCR of page images] 2009/152 NRW ~ Referral Agoncy Response 2009/001501 help determine whether you need to undertake a search of the cultural heritage database and register. If following an assessment of the duty of care guidelines you believe cultural heritage may be harmed by your proposed activity, you should contact the Cultural Heritage Coordination Unit for further advice on (07) 323 83838 or e-mail cultural, [email protected], Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may also be obtained from www.nrw.qld.gov.au. Page 4 of 4 Page 10 of 12
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2009/152
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
Division 8 - Appeals to court relating to for the application are not available against the part of
development applications the approval that represents the concurrence agency’s
response for the code.
Appeals by applicants
Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following- 4.1.29.(1) An advice agency may, within the limits of
its 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
application; if-
(b) a matter stated in a development approval, (a) the development application involves impact
including any condition applying to the assessment; and
development, and the identification of a code
under section 3.1.6;1 (b) the advice agency told the applicant and the
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
(e) a deemed refusal. decision notice is given to the advice agency as a
(2) An appeal under subsection (1)(a) to (d) must submitter.
be started within 20 business days (the “applicant’s Appeals for matters arising after approval given
appeal period”) after the day the decision notice or (co-respondents)
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be development application, a person to whom any of the
started at any time after the last day a decision on the following notices have been given may appeal to the
matter should have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application extension of the relevant period for an approval;
may appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including minor change to an approval.
any conditions (or lack of conditions) or other (2) The appeal must be started within 20 business
provisions of the approval; or days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day approval resulted from a development application
the decision notice or negotiated decision notice is (superseded planning scheme) that was assessed as
given to the submitter. if it were an application under a superseded planning
scheme.
(3) If a person withdraws a submission before the
application is decided, the person may not appeal the (4) Also, a person who has made a request
decision. mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.
(4) If an application involves both impact
assessment and code assessment, appeal rights for (5) An appeal under subsection (4) may be started
submitters are available only for the part of the at any time after the last day the decision on the
application involving impact assessment. matter should have been made.
(5) If an application is processed under section Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the Appeals for matters arising after approval given
application are available only for the aspects of the (no co-respondents)
development that would have required public
notification under the repealed Act. 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.
1
Section 3.1.6 (Preliminary approval may override
local planning instrument)
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2009/152
(b) a notice under section 6.1.442 giving a decision to (d) the length of a period mentioned in section 3.5.21
change or cancel a condition of a development relevant period;
approval. (e) a deemed refusal.
(2) The appeal must be started within 20 (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision be started within 20 business days (the “applicant’s
is given to the person. appeal period”) after the day the decision notice or
(3) Also, a person who has made a request negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request. started at any time after the last day a decision on the
(4) An appeal under subsection (3) may be matter should have been made.
started at any time after the last day the decision on The Registrar for the Building and Development
the matter should have been made. Tribunal may be contacted at the website
Appeals against decisions to change approval http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
For Infrastructure Charges Only
decision made on an application to change the 4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under charges
section 2.19(3)or section 4.4 of the repealed Act may (1) This section applies to a person who has been
appeal to the court against- given, and is dissatisfied with, an infrastructure
(a) the decision; or charges notice or a regulated State infrastructure
(b) a deemed refusal of the application. charges notice.
(2) An appeal under subsection (1)(a) must be (2) The person may appeal to the court against the
started within 20 business days after the day notice of notice.
the decision is to be given to the person. (3) The appeal must be started within 20 business
(3) An appeal under subsection (1)(b) may be days after-
started at any time after the last day a decision on the (a) if the notice is given because of a development
matter should have been made. approval or master plan approval-the day the
Appeals against local laws applicant is given notice of the decision about the
approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions (b) otherwise-the day the notice is given to the
applied under a local law about the use of premises or person.
the erection of a building or other structure permitted (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court (a) whether a charge in the notice is so
against the decision or the conditions applied. unreasonable that no reasonable relevant local
(2) The appeal must be started within 20 business government, State infrastructure provider or
days after the day notice of the decision is given to the coordinating agency could 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
Rights of appeal conferred by Section 4.2.9 of the appeal under this section can not be about the
Integrated Planning Act 1997 as follows: methodology used to establish the charge in the
relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
State infrastructure charges schedule.
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;3
(c) the decision to give a preliminary approval when a
development permit was applied for;
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)
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