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Attachment A Orginal approval and master plans
Plans and drawings
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a'
dI
If telephoning or calling please ask for:
Neil Blamey, 07 54495379
T iI'
2004t5633
Your Ref:
t' Email: po [email protected]. gov.au
Jor,r,nes Sur-vfy GrouP aPO:
18 August 2005 a.."p,v4)d- .*"j"'&uafq-/
Alan D Lewens & Gilliane Lewens
H'#
Fiie tr NO
'-'
YES U
CARE Noosa Town Plannine Consultants
PO Box 334
TEWANTTN QLD 456s
Dear SirAvladam,
Re: Application for a Development Approval for Material Change of Use of
Premises for Extension to Educational Establishment situated at 35 Rules
Road, Pomona described as Lot 6 RP 848414
I refer to your application and the representations you have made in respect to the
Conditions of Approval. On 11 August 2005 Council decided to:
A. Approve a change to condition/s 3, 10, 1 1, 12, 13.2, 14, 75, 76, 17 , 18, 20, 22,24.
B. Delete Conditions 79,25,27,3I &32.
C. Issue a Negotiated Decision Notice.
D. Refuse the applicants request for a fulI refund of application fees ($2500); but
agree to provide a refund to the applicant of 50% of the application fee ($1250) in
accordance with Council Policy.
Details of the decision, with the amended conditions, are contained in the attached
Negotiated Decision Notice.
You have continuing appeal rights in respect of Council's decision on your application.
Refer Section 4.1.27. of the Integrated Planning Act.
Should you wish to obtain more information about Council's decision, the reports and
staff recommendations and Council Minutes regarding this application are available for
viewing or purchase at the Level 2 counter of Council offrces. It would assist Council
staff if you could bring this letter with you.
Yours faithfully,
MANAGER - LAND USE
Aword Winner - Austrolion Cleon Beach
NOOSA COUNCIL O'^"N""N"'
9 Pelican Street Tewantin PO Box 141 Tewantin Q 4565
Challenge ?004 Litter Prevention Phone: 07 5449 5200 Fax:07 5447 1,062
Email: [email protected]
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Page 2
Form 6 - Negotiated Decision Notice
INTEGRATED PLANN/NG ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2004/5633 Date of Decision: 1 1 AuEust 2005
Original Decision: 19 May 2005
FsffiK*
--*I
F 1. APPLICANT DETAILS it
_***,*._J
Name: Alan D Lewens & Gilliane Lewens
6/6-10 Roberts Street
Postaladdress: NoosAVILLE
eLD 4566
Phone no: 07 s449 9929 Fax no: 07 5449 0305 Mobile: 0429 316 376
Street address: 35 Rules Road
Suburb/locality Pomona
Real property Lot 6 RP 848414, County of March, Parish of Tuchekoi
descriotion:
$ s. owNER DETATLS
lw@4(s*wl.@!'lls!W|1t@nN**slw
Name: Vipassana Centre Qld Inc
Postal address: 35 Rules Road
POMONA QLD 4568
4. REFERRAL AGENCIES
E
Referral Agency Address Basis
Nil
ffi#triu]@
$ 5. APPLICATION TYPE +
t!s,*e*:*glre F
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Educational Establishment No Yes
tr 6. DECTS|ON DETATLS
@rt.&M@kwe*ffi,eleha I
Council on 19 May 2005 decided to approve the application and grant a Development Permit, subject to
conditions.
ln relation to representations made by the Applicant, Council on 11 August 2005 resolved to:
A. Approve a change to condition/s 3, 10, '1 1 , 12, 13.2, 14, 15, 16, 17,18,20,22,24.
B. Def ete Conditions 19,25,27 ,31 & 32.
C. lssue a Negotiated Decision Notice.
D. Refuse the applicants request for a full refund of application fees ($2500); but agree to provide a refund to
the applicant of 50% of the application fee ($ 1 ZSO; in accordance with Council Policy,
t 7. APPLICABLE CODES
,r6:r/srft'e*rwe.awwe ,'"*"."'.J
The developer must comply with the following codes for self-assessable development related to ihe development
approved under this Development Permit:-
Not applicable.
Page 3
6 !@!r€a:s3.enell!*9ijr!*+.**
sas
i 8. SUBMISS|ONS
*!!!e::Iw@!rffirilffi@i)r'*:N@#!l|rj@?w
'$rrs]w!sii!€&"q1lffi
$
Nit.
ry***1T*
s. coNDlloNS
$
"qws!ffiw!l!%ffi${!11!rll1ls
The approval is subject to conditions. Noosa council's conditions are attached.
r*::*
$ 10. FURTHER DEVELoPMENT pERMtrs REeutRED
@Fw{31w!@r
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, car parking, stormwater drainage
$ 11. RTGHTS OF APPEAL
,-@*,e,"""se."*'@""'"""*1*!"""@s"*ffi*"l.3t.*
-* ***t
@::ffi*wqeffin."|FwjPw..*".''''***w@
Rights of appeal in relation to this application are attached.
rTY***TryF@i;:!w@i@f*+elli,re
$ 12. ASSESSMENTMANAGER
r' oate: 1sl0s/05
il/
DEC'S'ONNOTICE HISTORY
. .OriginalDecision Notice 19 May 2005.
:
. Negotiated Decision Notice with amendment to
Conditions 3, 10, 11, 12, 13.2, 14, 15, 16,17,18,20,
22, 24 and deletion of conditions 19, 20, 27, 31 & 32
on 11 August 2005. '
S E P c :\d ataw rks\te mp\1 222333\5633 n d n. d oc
Page 4
NOOSA COUNCIL IDAS Development Application Decision Notice
Noosa Gouncil Gonditions
INTEGRATED PLANN/NG ACT 1 997, 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 numbered Dhamma Rasmi - Master Plan prepared by Bal Salrai
LFRAIA Architect as included with the application; Reception/ Administration Office Drawing prepared by
Bal Salrai Architect and dated 10 September 2004; VSQ-002C1 to VSQ-002C3; VSQ-002B1 to VSQ-
00282; VSQ-002A1 to VSQ-002A3 prepared by Bal SalraiArchitect and dated 16 November 2004 and as
may be amended by these conditions.
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 disturbed areas in the vicinity of the new building extension and the new 5 bay car park adjoining the
reception office 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 new building extension being occupied
and maintained at all times thereafter.
4. 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 any existing trees proposed or required to be
retained.
5. No part of the building extension shall exceed a height of 9m to the peak or ridge of any pitched roof, and
8m elsewhere above the natural ground level and the finished ground level.
6. Any advertising sign or device is to comply with Council's policies on advertising.
7. Security in the form of a cash bond or trading bank guarantee to the sum of $5000 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
Dermit.
8. The requirements of this development approval are to be effected, prior to the use of the premises.
Council reseryes the right to call upon the bond or guaranteed sum referred to in this approval to effect
compliance with conditions.
9. 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.
10. The maximum number of people to be accommodated on site is 52, which includes all teaching,
caretaking and other staff.
11. The proposed development shall have all bathroom fittings 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 Part1.2), 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.
12. All additional hot water systems shall be either solar systems; electric heat pump systems; or gas systems
(LPG or natural).
13. This Development Permit for a material change of use of premises lapses if:-
S E P c :\d atawrk s\te m p\1 2 223 33\5 633n d n. do c
Page 5
NOOSA COUNCIL IDAS Development Application Decision Notice
13.1 . the use or erection of a building or other structure associated with the use, has not happened by
19 May 2009, unless application is made and approved by Council for an extension; or
13.2. the use of the premises (extension to educational establishment) pursuant to the Development
Permit ceases.
Land Development
Carparking Off Street
14. The new carparking shall be provided within the site as shown on Dhamma Rasmi - Master Plan
prepared by Bal Salrai LFRAIA Architect and referenced as Number 15 - Staff Carparking, except as
modified herein.
15. A minimum of 25 uncovered carpark spaces shall be provided on site, which shall include the existing 20
spaces and the proposed new 5 spaces. The proposed new 5 spaces shall include 1 clearly defined
disabled carpark space.
16. The proposed new car parking area outside Reception Office shall be designed to comply with the
provision of AS2890.1-2004 for user class 1 with allowance for vehicles to enter and leave the site in a
forward gear.
17. The proposed new car parking area outside the Reception Office shall be kept, maintained in a condition
fit for use.
18. The new carparking area shall be free draining and the pavement constructed to a gravel access road
standard. Plans and specifications for these works shall be submitted in conjunction with an application
for a Development Permit for Operational Works.
Pathways
19. Deleted.
Vegetation Protection
20. Additional pavements within the drip zone of any of the existing trees on site to be retained shall be
designed as a pervious pavement (such as grass paving cells or similar), as this will allow water that falls
on this surface to penetrate to the trees root system. The pavement shall be constructed so as not to
damage the tree or their root system and in this regard temporary fencing shall be provided around the
trees during construction to help protect them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of the pervious
pavement and the temporary fencing prior to obtaining a Development Permit for Operational Works.
Stormwater Drainage
21 . All stormwater drainage shall be collected on site and discharged so there is no net increase in
stormwater runoff from the site,
22. All site stormwater drainage from the additional structures shall be by means of a gravity system.
23. Roof runoff shall be directed to a rainwater storage system or tank (minimum storage '1 000 litres) that is
plumbed to service the toilets and bathroom of each new cabin. The design of the rainwater storage
system shall be to the satisfaction of the Manager Plumbing Services.
24. To ensure that polluted run-off does not enter the tributary of Cooroora Creek, stormwater run-off from the
new carparking area and any new driveways shall have the first flush (the first 12 mm of rainfall or hose-
down) treated via a grassed swale or similar treatment system using Water Sensitive Urban Design
principles,
Effluent Disposal
25. Deleted.
Earthworks
26. Filling works required on site shall be carried out in accordance with Section 3.8 of Council's Engineering
Design Standards Manual and so as not to cause the ponding of water on any adjoining lands or the
blockage of, or interference with, any natural watercourses.
SE P c :\dataw rks\te mp\1 222333\5633ndn. doc
Page 6
NOOSA COUNCIL IDAS Development Application Decision Notice 5
27. Deleted.
Erosion and Sediment Gontrol
28. 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 submifted
to the Council for approval prior to obtaining a Development Permit for Operational Works.
General
29. 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.
30. 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.
Environmental Health
31. Deleted.
32. Deleted.
SEP c:\datawrks\temp\1 222333\5633ndn. doc
Page 7
NOOSA COUNCIL IDAS Development Application Decision Notice
Local Laws, Policies & State
Reg ulation Requ irements
IN T EG RATED PLANN/NG ACT 1 997, I DAS D EVE LOPMENT APPLI CATI ON
Advice
1. The construction and operation of the development is to be in accordance with Noosa Shire Council
Policy - Development of Hostels.
2. We advise 'interested parties' i,e. 'developer', 'owner', 'tenant' to consider their responsibilities under the
Disability Discrimination Act (DDA) in regard to the installation of disabled access and the provision of
disabled facilities, and that access to this building and the provision of sanitary facilities may need to
comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of
Australia.
Pursuantto the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the costof
operational works exceeds $80,000, then a portable long service levy is required to be paid. In
accordance with Section 77(1) oI 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 with the lodgement of any application for operational works over the
site.
4. 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:-
4,1 . On a Sunday or public holiday, at any time; or
4.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
5. A maximum penalty of $1,500 applies to an offence under this legislation.
An "Application for Approval of Plans for Fit Out of Food Premises" is required if there is to be any
changes to the existing food preparation kitchen prior to works commencing. A poiable drinking water
supply in accordance with the Food Safety Standards is to be provided to kitchen and water for drinking.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement,
concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably
be expected to move into a roadside gutter, stormwater drain or a water course. On the spot fines apply
for such offences.
S EP c:\datawrks\temp\1 222333\5633nd n. doc
Page 8
NOOSA COUNCIL IDAS Development Application Decision Notice
Appeal Rights
INTEGRATED PLANN/NG ACT 1 997, IDAS DEVELOPMENT APPLICATION
i (6) lf an application involves assessment against
i2
etanning Acf (Chapter 4). i a concurrence agency code, appeal rights for
;';r.^rd"r"
d eve I o p m e nt a p p I i c ati o n s
submitters for the application are not available
against the parl of 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
4.1.29.(1) An advice agency may, within the limits of
may appeal to the court against any of the following- its jurisdiction, appeal to the court about the giving of
(a) the refusal, or the refusal in paft, of a a development approval for a development
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 (b) the advice agency told the applicant and the
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 currency 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 (1Xa) to (d) must Appeals for matters arising after approval given
be started within 20 business days (the "applicant's (co-respondents)
appeal period") afier 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
(3) An appeal under subsection (1)(e) may be the following notices have been given may appeal to
started at any time after the last day a decision on the the court against the decision in the notice-
matter should have been made.
(a) a notice giving a decision on a request for
Appeals by submitters extension of the currency period for an approval;
4.1.28.(1) A submitter for a development application (b) a notice giving a decision on a request to make a
may appeal to the court about- minor change to an approval.
(a) the giving of a development approval, including (2) The appeal must be started within 20 business
any conditions (or lack of conditions) or other days after the day the notice of the decision is given
provisions of the approval; or to the person.
(b) the length of a currency period for the approval. (3) Subsection (lXa) does not apply if the
(2) The appeal must be started within 20 business
approval resulted from a development application
(superseded planning scheme) that was assessed as
days (the "submitters appeal period") after the day
if it were an application under a superseded planning
the decision notice or negotiated decision notice is scheme.
given to the submitter.
(4) Also, a person who has made a request
(3) lf a person withdraws a submission before ihe
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
(4) lf an application involves both impact started at any time after the last day the decision on
assessment and code assessment, appeal rights for the matter should have been made.
submitters are available only for the part of the
application involving impact assessment. Division 9 - Appeals to court about other matters
(5) lf an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the (no co-respondents)
application are available only for the aspects of the
development that would have required public 4.1.31.(1) A person to whom any of the following
notification under the repealed Act. notices have been given may appeal to the court
against the decision in the notice-
1 Section 3.1.6 (Preliminary approval may override local ptanning (a) a notice giving a decision on a request to change
instrument) or cancel a condition of a development approval.
S E P c :\d ataw rks\te m p\1 222333\563 3 n d n. do c
Page 9
NOOSA COUNCIL IDAS Development Application Decision Notice
(b) a notice under section 6.1.442 giving a decision to
change or cancel a condition of a development
approval.
(2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
(3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
(4) An appeal under subsection (3) may be
started at any time after the last day the decision on
the matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
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 (1Xb) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.338.(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.
2 Section 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain
circumstances)
S E P c :\d ataw rk s\te m p\1 2 22333\5633n d n. d oc
Page 10
xt If telephoning or calling please ask for:
I^I
Neil Blamey, 07 5449 5379
2004i5633
Your Ref:
Email: [email protected]
26 May 2005
Alan D Lewens & Gilliane Lewens
6/6-10 Roberts Street
NOOSAVILLE QLD 4566
Dear Sir/Madam,
Re: Application for a Development Approval for Material Ghange of Use of
Premises for Extension to Educational Establishment situated at 35 Rules
Road, Pomona described as Lot 6 RP 848414
I refer to your application and advise that on 19 May 2005 Council decided to approve
the application and grant a Development Permit, subject to conditions.
Details of the decision are contained in the attached Decision Notice.
You are entitled to appeal against this decision. A copy of the relevant appeal
provisions from the Integrated Planning Act is also attached.
During the appeal period, you as the applicant may make written representations to
Council about the conditions contained within the development approval. lf Council
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. (Section 3.5.17 and 3.5.18
refer).
Should you wish to obtain more information about Council's decision, the reports and
staff recommendations and Council Minutes regarding this application are available for
viewing or purchase at the Level 2 counter of Council offices. lt would assist Council
staff if you could bring this letter with you.
MANAGER - LAND USE
NOOSA COUNCIL OU,"'U"""'
Aword Winner - Austrolion Cleon Beoch 9 Pelican Street Tewantin PO Box 141 Tewantin Q 4565
Phone: 07 5449 5200 Fax:07 5447 1,062
Challenge 2OO4 LitIer Prevention
Email: [email protected]. govau
Page 11
NOOSA COUNCIL IDAS Development Application Decision Notice
H$t
{"P;,ri:r55!fl
Local Laws, Policies & State
rs."q.F
Regulation Requirements
I NT EG RATED P LAN N I N G ACT 1 997, I DAS DEVELOPMENT APPLICATION
Advice
1. The construction and operation of the development is to be in accordance with Noosa Shire Council
Policy - Development of Hostels.
2. We advise 'interested parties' i.e. 'developer', 'owner', 'tenant' to consider their responsibilities under the
Disability Discrimination Act (DDA) in regard to the installation of disabled access and the provision of
disabled facilities, and that access to this building and the provision of sanitary facilities may need to
comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of
Australia.
Pursuant to the Building and Construction lndustry (Portable Long Service Leave) 19g1 Act if the cost of
operational works exceeds $80,000, then a portable long service levy is required to be paid. ln
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 thai the
requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational
works must be submitted to Council with the lodgement of any application for operational works over the
site.
4. 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:-
4.1 . On a Sunday or public holiday, at any time; or
4.2. 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.
6. An "Application for Approval of Plans for Fit Out of Food Premises" is required if there is to be any
changes to the existing food preparation kitchen prior to works commencing. A potable drinking water
supply in accordance with the Food Safety Standards is to be provided to kitchen and water for drinking.
In accordance with the Environmental Protection (Water) Policy'1 997, all sand, silt, mud, paint, cement,
concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably
be expected to move into a roadside gutter, stormwater drain or a water course. On the spot fines apply
for such offences.
SEP p:\civica\documents\dd\01 0\from5000\01 0-2004-00005633-001\0006decnotice,qoc
Page 12
NOOSA COUNCIL IDAS Development Application Decision Notice
Appeal Rights
INTEGRATED PLANN/NG ACT 1 997. IDAS DEVELOPMENT APPLICATION
The following is an extract from the lntegrated (6) lf an application involves assessment against
Plalling Acf (Chapter 4). a concurrence agency code, appeal rights for
- Appeals to court relating to submitters for the application are not available
Division I against the part of the approval that represents the
d eve I o p m e n t a p p I i cati o n s
concurrence agency's response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(11 An applicant for a development application
4.1.29.(1) An advice agency may, within the limits of
may appeal to the court against any of the following- its jurisdiction, appeal to the court about the giving of
(a) the refusal, or the refusal in part, of a a development approval for a development
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 Jhe identification of a code (b) the advice agency told the applicant and the
under section 3.1.6;'
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 currency 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 Appeals for matters arising after approval given
be started within 20 business days (the "applicant's (co-respondents)
appeal 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
(3) An appeal under subsection (1)(e) may be the following notices have been given may appeal to
started at any time after the last day a decision on the the court against the decision in the notice-
matter should have been made.
(a) a notice giving a decision on a request for
Appeals by submitters extension of the currency period for an approval;
4.1.28.(11A submitter for a development application (b) a notice giving a decision on a request to make a
may appeal to the court about- minor change to an approval.
(a) the giving of a development approval, including (2) The appeal must be started within 20 business
any conditions (or lack of conditions) or other days after the day the notice of the decision is given
provisions of the approval; or to the person.
(b) the length of a currency period for the approval. (3) Subsection (1)(a) does not apply if the
(2) The appeal must be started within 20 business approval resulted from a development application
(superseded planning scheme) that was assessed as
days (the "submitters appeal period") after the day
if it were an application under a superseded planning
the decision notice or negotiated decision notice is scneme.
given to the submitter.
(4) Also, a person who has made a request
(3) lf a person withdraws a submission before the
mentioned in subsection (1) may appeal to the courl
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
(4) lf an application involves both impact started at any time after the last day the decision on
assessment and code assessment, appeal rights for the matter should have been made.
submitters are available only for the part of the
application involving impact assessment. Division 9 - Appeals to court about other matters
(5) lf an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the (no co-respondents)
application are available only for the aspects of the
development that would have required public 4.1.31.(1) A person to whom any of the following
notification under the repealed Act. notices have been given may appeal to the court
against the decision in the notice-
1
Section 3.1.6 (Preliminary approvat may override local planning (a) a notice giving a decision on a request to change
instrument) or cancel a condition of a development approval.
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NOOSA COUNCIL IDAS Development Application Decision Notice
(b) a notice under section 6.1 .442 giving a decision to
change or cancel a condition of a development
approval.
(2) The appeal must be started within 20 buslness
days after the day the notice of the decision is given
to the person.
(3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
(4) An appeal under subsection (3) may be
started at any time after the last day the decision on
the matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.334.(1) A person who is dissatisfied with a
decision made on an application to change the
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
4.1.338.(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.
2 Section 6.1 .44 (Conditions may be changed or cancelled by
assessment manager or COnCUrrenCe agency In cenatn
circumstances)
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Page 14
FormG-DecisionNotice
INTEGRATED PTANNINGACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2004i5633 Date of Decision: 19 May 2005
1. APPLICANT DETAILS
Name: Alan D Lewens & Gilliane Lewens
6/6-10 Roberts Street
HosElaooress: NoosAVTLLE eLD 4566
Phone no: 07 54499929 Faxno: 07 5449 0305 Mobile: 0429 316 376
2. PROPERTY DESCRIPTION
Street address: 35 Rules Road
Suburb/locality Pomona
Real property Lot 6 RP 848414, County of March, Parish of Tuchekoi
description:
3. OWNER DETAILS
Name: Vipassana Centre Qld Inc
Postaladdress: 35 Rules Road
POMONA QLD 4568
4. REFERRAL AGENCIES
ReferralAgency Address Basis
Nil
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Educational Establishment No Yes
6. DECISION DETAILS
Council decided to approve the application and grant a Development Permit, subject to conditions.
7. APPLIGABLE 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. suBMrssroNs
Nit.
9. CONDITIONS
The approval is subject to conditions. Noosa Council's conditions are attached.
Page 15
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, car parking, stormwater drainage 11. RIGHTS OF APPEAL Rights of appeal in relation to this application are attached. 12. ASSESSMENTMANAGER Name: Noosa Council SEP p:\civica\documents\dd\01 0\from5000\01 0-2004-00005633-001\0006decnotice.doc
Page 16
NOOSA COUNCIL IDAS Development Application Decision Notice
Noosa Council Gonditions
INTEGRATED PLANN/NG ACT 1 997, 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 numbered Dhamma Rasmi - Master Plan prepared by Bal Salrai
LFRAIA Architect as included with the application; Reception/ Administration Office Drawing prepared by
Bal Salrai Architect and dated 10 September 2004; VSQ-002C1 to VSQ-002C3; VSe-00281 to VSe-
00282; VSQ-002A1 to VSQ-002A3 prepared by Bal SalraiArchitect and dated 16 November 2004 and as
may be amended by these conditions.
2. The development must be undertaken and operated in a manner that causes no detrimental effect uoon
the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other
emissions.
3. The disturbed areas in the vicinity of the new building extension and carpark 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 new building extension being occupied and maintained at all times thereafter.
4. 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 any existing trees proposed or required to be
retained.
5. No part of the building extension shall exceed a height of gm to the peak or ridge of any pitched roof, and
8m elsewhere above the natural ground level and the finished ground level.
6. Any adveftising sign or device is to comply with Council's policies on advertising.
7. Security in the form of a cash bond or trading bank guarantee to the sum of $5000 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.
8. 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.
9. 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.
10. The maximum number of persons to be accommodated on the site at any one time shall be 50 students,
and two teachers.
11. 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 toitets 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
reouirement.
12. All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
(LPG or natural).
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NOOSA COUNCIL IDAS Development Application Decision Notice
13. This Development Permit for a material change of use of premises lapses if:-
13.1. the use or erection of a building or other structure associated with the use, has not happened by
19 May 2009, unless application is made and approved by Council for an extension; or
13.2. the use of any premises pursuant to the Development permit ceases.
Land Development
Carparking Off Street
14. Carparking shall be provided within the site as shown on Dhamma Rasmi - Master plan prepared by Bal
Salrai LFRAIA Architect, except as modified herein.
15. A minimum of 25 uncovered carpark spaces shall be provided on site, including 1 clearly defined disabled
carpark space.
16. The carparking area shall be designed to comply with the provisions of AS 28g0.1-2004 for user class 1
with allowance for vehicles to enter and leave the site in a forward gear,
17. All carparking shall be kept, maintained and line-marked in a condition fit for use,
18. The carparking area shall be drained and the pavement constructed to access road standards. plans and
specifications for these works shall be submitted in conjunction with an application for a Development
Permit for Operational Works.
Pathways
'1 9. A contribution toward pathways external to the site within the Pomona pathway catchment shall be paid
prior to the commencement of the use, in accordance with Council's policy for contributions for pathways.
The amount of the contribution shall be calculated at the rate current at the date of payment. An estimite
only of the contribution rate at June 2004 was 9780 for the development.
Vegetation Protection
20. Pavements within the drip zone of any of the existing trees on site to be retained shall be designed as a
pervious pavement (such as grass paving cells or similar), as this will allow water that falls on thls surface
to penetrate to the trees root system. The pavement shall be constructed so as not to damage the tree or
their root system and in this regard temporary fencing shall be provided around the lrees during
construction to help protect them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of the pervious
pavement and the temporary fencing prior to obtaining a Development Permit for Operational Works.
Stormwater Drainage
21 . All stormwater drainage shall be collected on site and discharged so there is no net increase in
stormwater runoff from the site.
22. All site stormwater drainage shall be by means of a gravity system.
23. Roof runoff shall be directed to a rainwater storage system or tank (minimum storage 1000 litres) that is
plumbed to service the toilets and bathroom of each new cabin. The design of the ralnwater storage
system shall be to the satisfaction of the Manager Plumbing Services.
24. To ensure that polluted run-off does not enter the tributary of Cooroora Creek, stormwater run-off from the
carparking areas and the driveways shall have the first flush (the first 12 mm of rainfall or hose-down)
treated via a grassed swale or similar treatment system using Water Sensitive Urban Design principles.
Effluent Disposal
25. 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 PSP2g On-Slfe Domestic
Wastewater Systems.
Specifically, the land application area shall be positioned to achieve the greatest possible setback to the
dam and to any permanent or intermittent watercourse.
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NOOSA COUNCIL IDAS Development Application Decision Notice 5
The land application area shall also be positioned at least 15 metres from any underground rainwater
tanks.
Earthworks
26. Filling works required on site shall be carried out in accordance with Section 3.8 of Council's Engineering
Design Standards Manual and so as not to cause the ponding of water on any adjoining lands or the
blockage of, or interference with, any natural watercourses.
27. Existing spoil stored on site will be spread on site and grass seeded, stabilised and protected from
stormwater runoff, or removed from the site.
Erosion and Sediment Control
28. 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
29. 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.
30. 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.
Environmental Health
31. The developer must provide a suitably external screened imperviously paved area large enough for all
refuse and recycling containers.
32. Refuse containers must be provided in accordance with the requirements of the Environmental Protection
(lnterim Waste) Regulations 1996 and (Waste Management) Regulation 2000, for the storage and
collection of refuse.
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Page 19
rl If teiephoning or calling please ask for:
I.^T Your Re$s115 Ralph (07) 5449 5250
2003/1 I 8
30 September 2005
Compliance Certificate
Plumbing and Drainage Act 2002 s.86(6)(a)
Vipassana Centre Qld Inc
35 Rules Road
POMONA QLD 4s68
Dear Sir/Madam,
Re: 35 Rules Road POMONA
Permit No.2003/118
Your application for a Compliance Certificate for regulated work (that is plumbing and
drainage work) under section 86 of the Plumbing and Drainage Act 2002 was inspected
by the Council.
The Council has decided to issue a Compliance Certificate for the work that was the
subject of Compliance Permit number 2003/118.
The work was inspected on the following dates at the following stages (if a stage of the
work was not inspected by plumbing inspector, Council relied upon verification
received from the responsible person using Form 3):-
Drainage Inspection 0vt2/2004
Final Inspection 28t09t2005
The Council also received a satisfactory compliance report from the responsible person
for the work for the testing and commissioning of the following items:-
1. On Site Sewerage Facilities Evaluator Compliance Certificate.
Upon completion of the plumbing and drainage work the Council requested and
received a plan of the completed work and has retained this on file. Copies can be
purchased through Plumbing Services Section Noosa Shire Council.
If you have any questions about the content of this Certificate, please feel free to contact
the Plumbing Services Section on (07) 5449 5250.
Yours FaithfullY
,\n
' *n { r
.ll \t,'- li \
$Jil-;il*
Denis Ralph
Plumbing Inspector
NOOSA COUNCIL OO,"'U",*',, 4565
9 Pelican Street Tcu'antin PO Box 141 Tervantin Q
Phone; 07 5449 5200 Fax:07 5447 7062
Email : mailboxGlnoosa.c1ld. goi,.au
Page 20
O a
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a
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0
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a
a
eed ye | : ‘A A
AMENITIES
| RECEPTION [~,
OFFICE c
60SQM \
sqqnans Io ag0c0
arent
ANNEX
(Individual
Meditation
Rooms)
NOTE 1:
Proposed GFA
Based on total students and staff accommodation for 52
persons as approved Town Planning Consent Permit
dated 20.7.1993
12 single rooms [email protected] sq.m room + ancillary
spaces and a generous verandah amounting to footprint
of 20 sq.m per person.
23 single rooms with bathrooms attached for
handicapped and older students [email protected] sq.m
room + bathroom + ancillary spaces and a generous
verandah amounting to footprint of 25 sq.m per person
Annex to the hall for individual meditation for 52
students/teachers calculated @ 4 sq.m per person
Additional dining space
Reception and administration office
Total:
NOTE 2:
For Water Supply and Drainage
Refer to Dwg No. VCQ - STEADS 1 15-09-2003
240 sq.m
575 sq.m
208 sq.m
200 sq.m
60 sq.m
1,283 sq.m
LEGEND
E]___Baisting Facilities
Proposed New and
Extended Facilities
Tz] Secondary
os Pedestrian Path
———— _ Emergency Vehicular
———— Access
oO 5 10 15 20
L-___s_ss
metres
DHAMMA RASMI
Vipassana Centre Queensland
Rules Road Pomona Q/d.4568
MASTER PLAN
Bal Saini LFRAIA Architect
11 Montrose Road Taringa Qid.4068
Phone/Fax: 61-7-3871 1921
Email: [email protected]
Drg. Clémentine Regnard- MAY 2004