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Decision Notice - Change to an Existing Approval - 010.2007.00001586.002 [As Published] · 132007.1586.02
Officer: Jack Lewis
Direct Telephone: (07) 5449 5294
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2007/1586
Your Reference:
12 January 2009
De Nova Group Pty Ltd
CARE De Nova Group Pty Ltd
9/857-859 Doncaster Road
DONCASTER EAST VIC
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 6 January 2009 Council decided
your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 2007/1586
Street address: 6 The Promontory Noosaville
Real property description: LOT: 847 SP: 102579
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 23 October 2007 decided to issue the following type of approval:-
Detached House
In relation to the request to make a change to the existing approval, Council on 6 January 2009
decided to:
A. Approve a change to the development approval and include additional conditions 28, 29 30 &
31.
B. 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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2007/1586
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 Demolition Plan, Site/Ground Floor Plan, Site/First
Floor Plan and Elevations prepared by De Nova Group Pty Ltd and dated June 2007 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 building height shall not exceed 8.0 metres above natural ground level.
4. A minimum of 20% of the site shall be retained as soft landscaping.
5. The area within 4.5 metres of the revetment wall shall be developed in accordance with the following
requirements:
5.1. A minimum of 25% of the area is planted with shrubs; and
5.2. A maximum of 25% of the area is under hard pavement and the balance is to be turf or ground
covers; and
5.3. No tree species with a mature height of over 3m are to be planted; and
5.4. No shrubs are to be planted within 1m of the revetment wall; and
5.5. The ground surface within the first metre from the revetment wall is turf, ground cover or hard
pavement.
3
6. As the site is located below the 5m AHD, any excavation works consisting of 100m or greater and/or
3
any filling works consisting of 500m or greater and with an average depth of 0.5m or greater will need to
be carried out in accordance with the recommendations found in the Soil Surveys report entitled Acid
Sulfate Investigation & Management - Project No. 307-2624 August 2007.
7. As the proposed works are carried out adjacent to Noosa Waters waterways reserve, any person acting
on this permit shall be responsible to prevent erosion and sediment entering the waterways. Site control
measures such as silt fencing and a controlled disposal of waste may be required. The applicant shall be
responsible to rectify any environmental or pollution adverse impacts on the waterways reserve that
might have been caused by the proposed works.
8. The applicant shall be responsible to repair any damage to the revetment wall or its stability where it is
caused due to the proposed works.
9. Upon completion of the proposed works, a Registered Professional Engineer of Queensland shall certify
that no damage has been caused to the existing revetment wall due to the works.
10. The Applicant shall be responsible for the full cost of repairs to road pavement, footpath, kerb and gutter,
or other Council property and facilities damaged as a result of construction of the proposed works.
11. All electrical fixtures, outlets and switches within the flood storage area shall be placed above the 1 in
100 years flood level (RL 2.0m AHD) or be flood proofed and be certified by a licensed electrician.
12. All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
(LPG or natural).
13. 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:
13.1. for external use such as watering gardens, irrigation, ornamental ponds or water features, topping
up swimming pools, outdoor cleaning; and
13.2. for use in flushing of toilets internal to the building.
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2007/1586
14. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted,
to secure performance of all conditions of this approval, prior to the issue of a Development Permit for
building 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.
15. Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) are not
constructed under overhead electricity transmission lines, or within any easements.
Demolition or Relocation of Existing Dwelling
16. Infrastructure including reticulated water, sewerage, stormwater, and electricity are to be protected from
damage and made safe to the standard required by the regulatory authority;
17. All infrastructure must be disconnected, capped or sealed including:-
electricity meters removed and electrical wires disconnected; and
telephone lines are disconnected; and
high speed data cables and television provider boxes are disconnected and removed to
the standard required by the regulatory authority;
18. All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging,
must be removed from the building and disposed of in accordance with industry best practice.
19. Waste generated during construction must be stockpiled in a centralised location and covered as
required to prevent material being blown onto adjoining properties including the road reserve or food
waste from generating vermin. All site waste must be disposed of to an approved waste disposal facility
either directly or via an approved waste receptacle and collection service. Storage areas are to be
located near the temporary access to the site so that access can be gained with out damage to
infrastructure.
20. All building materials containing asbestos products must be disposed on in accordance with industry best
practice.
21. A temporary crossing must be provided to protect road reserve infrastructure including kerb and channel;
22. Any damage to footpaths, street plantings, kerb and channel or roadways at the removal site, the
relocation site or between the sites must be repaired or reinstated to at least pre-existing conditions.
23. Sediment and erosion control measures must be placed on site prior to the works commencing and shall
be maintained until all works are complete. The erosion and sediment control measures shall be in
accordance with the “Best practice guidelines for control of stormwater on building sites” prepared by
Healthy Waterways (copy attached or available at www.healthywaterways.org).
24. All disturbed areas must be revegetated or otherwise stabilised at the completion of the works. Disturbed
areas are revegetated using species identified in PSP3 – Landscaping Plants and Guidelines.
25. The transportation of all materials to and from the site must be undertaken in a manner such that no
particle matter escapes onto a public road. All vehicles carrying out materials either to or from the site
shall be covered to prevent materials including dust being windblown from the vehicle.
26. A Waste Management Plan shall be submitted for the demolition to the Land Use Section of Noosa
Council, prior to the development permit for building works being issued. The Plan shall contain the
following information:-
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated volume On-site *specify Off-site *specify *Specify
materials (m³) proposed reuse or contractor & contractor &
onsite recycling recycling outlet landfill site
methods
Excavation
material
Green waste
Bricks
Concrete
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2007/1586
Timber – please
specify
Plasterboard
Metals – please
specify
Asbestos
Other – please
specify
NOTE: Details of site area to be used for onsite separation, treatment and storage (including weather
protection) shall be provided on the plan drawings accompanying your application.
Currency
27. The Development Permit for a material change of use lapses if the use has not happened by 22 October
2011, unless an application to extend the currency is approved by Council.
Additional Conditions
28. All works within 4.5m of the revetment wall must comply with the approved plans titled Site Plan –
Revised Proposal and Sections – Rear Yard prepared by De Nova Group Pty Ltd and dated September
2007 and may be amended by these conditions.
29. The architectural retaining wall feature within the 4.5m setback from the revetment wall as indicated in
Section 2 and 7 on plan - Rear Yard prepared by De Nova Group Pty Ltd and dated September 2007
shall have a maximum height of RL 1.75m.
30. Certification of all works including civil and structural must be provided to Council by the supervising
engineer at the completion of the works. The certification shall state that the works have been
constructed in accordance with the approved plans, that there is no net loss in flood storage on site due
to the works and that no additional loads are placed upon the revetment wall.
31. The basement area located under the terrace will be affected by floodwaters from the adjacent canal. No
hazardous materials, including oils, chemicals or fuels are to be stored within the basement area at any
time.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Not applicable.
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
Demolition Plan Prepared by De Nova
Group Pty Ltd and dated
June 2007
Site/Ground Floor Plan Prepared by De Nova
Group Pty Ltd and dated
June 2007
Site/First Floor Plan Prepared by De Nova
Group Pty Ltd and dated
June 2007
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2007/1586
Elevations Prepared by De Nova
Group Pty Ltd and dated
June 2007
Site Plan – Revised Proposal and Sections Prepared De Nova
– Rear Yard Group Pty Ltd dated
September 2007
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
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
The following property notes will be placed against the subject property in Council’s property record
system:
Not applicable.
9 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All Building Works
10 SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Not applicable.
11 SUBMISSIONS
Not applicable.
12 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.
13 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.
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2007/1586
14 OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
DECISION NOTICE HISTORY
Original Decision Notice 23 October 2007.
Change to an Existing Approval 6 January
2009 with additional Conditions 28, 29, 30 &
31 .
Yours faithfully,
Tracy Jones
SENIOR PLANNING OFFICER
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2007/1586
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
for the application are not available against the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of its
may appeal to the court against any of the following- jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application if-
application; (a) the development application involves impact
(b) a matter stated in a development approval, including assessment; and
any condition applying to the development, and the (b) the advice agency told the applicant and the
identification of a code under section 3.1.6;1 assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a relevant period; days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must be Appeals for matters arising after approval given
started within 20 business days (the “applicant’s appeal
(co-respondents)
period”) after the day the decision notice or negotiated
decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of the
(3) An appeal under subsection (1)(e) may be started
following notices have been given may appeal to the
at any time after the last day a decision on the matter
court against the decision in the notice-
should have been made.
(a) a notice giving a decision on a request for extension
Appeals by submitters
of the relevanrt period for an approval;
4.1.28.(1) A submitter for a development application may
(b) a notice giving a decision on a request to make a
appeal to the court about-
minor change to an approval.
(a) the giving of a development approval, including any
(2) The appeal must be started within 20 business
conditions (or lack of conditions) or other provisions
days after the day the notice of the decision is given to
of the approval; or
the person.
(b) the length of a relevant period for the approval.
(3) Subsection (1)(a) does not apply if the approval
(2) The appeal must be started within 20 business resulted from a development application (superseded
days (the “submitters appeal period”) after the day the planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to application under a superseded planning scheme.
the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be started at
(4) If an application involves both impact assessment any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are should have been made.
available only for the part of the application involving
impact assessment. Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application (no co-respondents)
are available only for the aspects of the development that 4.1.31.(1) A person to whom any of the following notices
would have required public notification under the have been given may appeal to the court against the
repealed Act. decision in the notice-
(a) a notice giving a decision on a request to change or
cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override local
planning instrument)
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2007/1586
(b) a notice under section 6.1.442 giving a decision to (c) the decision to give a preliminary approval when a
change or cancel a condition of a development development permit was applied for;
approval. (d) the length of a period mentioned in section 3.5.21
(2) The appeal must be started within 20 business relevant period;
days after the day the notice of the decision is (e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
(3) Also, a person who has made a request started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the period”) after the day the decision notice or negotiated
court against a deemed refusal of the request. decision notice is given to the applicant.
(4) An appeal under subsection (3) may be started at (3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the at any time after the last day a decision on the matter
matter should have been made. should have been made.
Appeals against decisions to change approval conditions The Registrar for the Building and Development
under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(a) the decision; or (1) This section applies to a person who has been
(b) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the
(a) whether a charge in the notice is so unreasonable
decision or the conditions applied. that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the have imposed it; or
applicant.
(b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to charges schedule or regulated State infrastructure
development applications charges schedule.
Appeals by applicants
4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval, including
any condition applying to the development, and the
identification of a code under section 3.1.6;3
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override local
planning instrument)
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