Council archive · source document
Decision Notice - 010.2008.00000745.001 [As Published] · 142008.745
Officer: Daniel Smith
Direct Telephone: (07) 5449 5106
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/745
Your Reference:
29 May 2008
Gary Sellman
13 Elanda Street
SUNSHINE BEACH QLD 4567
Dear Sir
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 29 May 2008 Council decided to approve the application
in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/745
Street address: 40 Hastings Street, Noosa Heads
Real property description: Lot 27 SP 116947
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Operational Works - Landscaping
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plan is numbered, titled and dated:
Plan / Rev. Plan / Document Name Date
Document No.
187166/CD- Landscape Plan – John Dimitriou 1 Jun 1999
19/1 Architects
2. The proposed bench seats shall be constructed and finished in materials and colours to be
sympathetic to the current Hasting Street streetscape works.
3. The proposed plants to be planted within the planter boxes shall be chosen from the following:
3.1. Acacia suaveolens Sweet wattle; or
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 4 pages
Page 2
2008/745
3.2. Dianella caerulea Flax Lilly; or
3.3. Dianella congesta Beach Flax Lilly; or
3.4. Boronia rivularis Wide Bay Boronia; or
3.5. Any other species of plant acceptable to the Manager Land Use.
4. This Development Permit lapses if the development has not happened by 29 May 2010,
unless application to extend the currency is approved by Council.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
187166/CD-19/1 Landscape Plan – John Dimitriou 1 Jun 1999
Architects
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.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
Page 3
2008/745 10 FURTHER DEVELOPMENT PERMITS REQUIRED Type of Development Permit required Subject of the required Development Permit Nil 11 SELF ASSESSABLE CODES Not applicable 12 SUBMISSIONS Not applicable 13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME Not applicable 14 RIGHTS OF APPEAL You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Integrated Planning Act 1997 is attached. During the appeal period, you as the applicant may make written representations to Council about the conditions contained within the development approval. If Council agrees or part agrees with the representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice” may be given. Taking this step will defer your appeal period, which will continue after Council makes its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997). 15 OTHER DETAILS Should you wish to obtain more information about Council’s decision electronic copies of Council’s decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices. Yours faithfully, Daniel Smith ASSISTANT PLANNING OFFICER
Page 4
2008/745
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
(5) If an application is processed under section
The following is an extract from the Integrated 6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4). application are available only for the aspects of the
Division 8 - Appeals to court relating to development that would have required public
development applications notification under the repealed Act.
Appeals by applicants
(6) If an application involves assessment
4.1.27.(1) An applicant for a development against a concurrence agency code, appeal rights
application may appeal to the court against any of for submitters for the application are not available
the following- against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a concurrence agency’s response for the code.
development application; Appeals by advice agency submitters
(b) a matter stated in a development approval, 4.1.29.(1) An advice agency may, within the limits
including any condition applying to the of its jurisdiction, appeal to the court about the
development, and the identification of a code giving of a development approval for a
1
under section 3.1.6; development application if-
(c) the decision to give a preliminary approval (a) the development application involves impact
when a development permit was applied for; assessment; and
(d) the length of a currency period; (b) the advice agency told the applicant and the
(e) a deemed refusal. assessment manager to treat its response to
(2) An appeal under subsection (1)(a) to (d) the application as a submission for an appeal.
must be started within 20 business days (the (2) The appeal must be started within 20
“applicant’s appeal period”) after the day the business days after the day the decision notice or
decision notice or negotiated decision notice is negotiated decision notice is given to the advice
given to the applicant. agency as a submitter.
(3) An appeal under subsection (1)(e) may be Appeals for matters arising after approval given
started at any time after the last day a decision on (co-respondents)
the matter should have been made. 4.1.30.(1) For a development approval given for a
Appeals by submitters development application, a person to whom any of
4.1.28.(1) A submitter for a development the following notices have been given may appeal
application may appeal to the court about- to the court against the decision in the notice-
(a) the giving of a development approval, including (a) a notice giving a decision on a request for
any conditions (or lack of conditions) or other extension of the currency period for an
provisions of the approval; or approval;
(b) the length of a currency period for the approval. (b) a notice giving a decision on a request to make
a minor change to an approval.
(2) The appeal must be started within 20
business days (the “submitters appeal period”) (2) The appeal must be started within 20
after the day the decision notice or negotiated business days after the day the notice of the
decision notice is given to the submitter. decision is given to the person.
(3) If a person withdraws a submission before (3) Subsection (1)(a) does not apply if the
the application is decided, the person may not approval resulted from a development
appeal the decision. application (superseded planning scheme)
that was assessed as if it were an
(4) If an application involves both impact application under a superseded planning
assessment and code assessment, appeal rights scheme.
for submitters are available only for the part of the
application involving impact assessment. (4) Also, a person who has made a request
mentioned in subsection (1) may appeal to
the court against a deemed refusal of the
request.
(5) An appeal under subsection (4) may be
started at any time after the last day the
decision on the matter should have been
1
Section 3.1.6 (Preliminary approval may override made.
local planning instrument)
Page 5
2008/745
Appeals by applicants
Division 9 - Appeals to court about other
matters
Appeals for matters arising after approval given 4.2.9(1) An applicant for a development application
(no co-respondents) may appeal to the Building and Development
4.1.31.(1) A person to whom any of the following Tribunal against any of the following-
notices have been given may appeal to the court (a) the refusal, or the refusal in part, of a
against the decision in the notice- development application;
(a) a notice giving a decision on a request to (b) a matter stated in a development approval,
change or cancel a condition of a development including any condition applying to the
approval. development, and the identification of a code
3
2
(b) a notice under section 6.1.44 giving a decision under section 3.1.6;
to change or cancel a condition of a (c) the decision to give a preliminary approval when a
development approval. development permit was applied for;
(2) The appeal must be started within 20 (d) the length of a period mentioned in section 3.5.21
business days after the day the notice of the currency period;
decision is given to the person. (e) a deemed refusal.
(3) Also, a person who has made a request (2) An appeal under subsection (1)(a) to (d) must
mentioned in subsection (1)(a) may appeal be started within 20 business days (the “applicant’s
to the court against a deemed refusal of the appeal period”) after the day the decision notice or
request. negotiated decision notice is given to the applicant.
(4) An appeal under subsection (3) may be (3) An appeal under subsection (1)(e) may be
started at any time after the last day the started at any time after the last day a decision on the
decision on the matter should have been matter should have been made.
made. The Registrar for the Building and Development
Appeals against decisions to change approval Tribunal may be contacted at the website
conditions under the repealed Act http://www.localgovernment.qld.gov.au/
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 (1)(b) may be
started at any time after the last day a decision on
the matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to
the court against the decision or the conditions
applied.
(2) The appeal must be started within 20
business days after the day notice of the decision
is given to the applicant.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to
development applications
2
Section 6.1.44 (Conditions may be changed or
3
cancelled by assessment manager or concurrence Section 3.1.6 (Preliminary approval may override
agency in certain circumstances) local planning instrument)
Used in these records
Decision Notice - 010.2008.00000745.001 [As Published]Related documentApplication case desk ↗
About this file
- File size
- 50 KB (small file)
- File type
No other editions are linked here.