Decision Letter - Change to an Existing Approval - 010.2006.00000676.003 [As Published] · 142006.676.03

Page 2

                                                                                         2006/676


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.    All bonds and contributions as required by the conditions of the Material Change of Use
      Approval (2006/1148) shall be paid to Council prior to the issue of a Development Permit for
      Operational Works. No Building Works approval is to be issued or work undertaken on the site
      until a Development Permit for Operational Works has been obtained.
2.    The site is to be landscaped in accordance with Council’s Policy on Landscaping Guidelines
      and the approved plan of development. The approved plan is titled and numbered Landscape
      Plan Drawing No. 0221 Revision A prepared by Tom Walsh - Yardart dated 8 May 2006 and
      may be amended by these conditions
3.    Provide 2 x 45 litre Banksia integrifolia trees to replace the 2 x Pandanus pendunculatum
      located in the road reserve of Park Crescent. All street trees are to be provided with 1 metre
      mulch collars. Refer to the amended landscape plan for details and location.
4.    All manholes, inspection pits and grates are to be raised to finish surface level and kept free of
      cover and be visible at all times to ensure prompt access in case of emergency.
5.    The landscape construction is to be implemented in accordance with the amended landscape
      plan, planting schedule and horticultural industry best practices.
6.    Prior to the commencement of all works, all trees to be retained except where required to be
      removed due to footpath construction and building operations must be protected with
      barricade fencing to prevent damage from soil stockpiling and compaction of the root zone,
      parked cars and machinery
7.    All native plant species located in group plantings shall not be subjected to any hedging
      maintenance regimes.
8.    All environmental weeds located east of the building line are to be removed prior to the
      commencement of all revegetation works
9.    All street trees and internal trees 45 litres and greater must be securely staked and tied to
      assist their growth during the establishment period
10.   The density of planting must achieve the set out requirements as detailed on the approved
      landscape plan.
11.   The applicant must ensure that all landscaping treatment does not unduly restrict/prevent
      access to service meters within the site.
12.   All trees must be located a minimum of a minimum of 1.0 metres from all services to prevent
      root/service conflict and to provide future ease of maintenance requirements.
13.   This Preliminary Approval for Operational Works lapses on 2 February 2012, unless
      application to extend the currency is approved by Council.
Land Development
14.   The development shall be carried out in accordance with Drawing Nos. 05/236-OP1 dated
      December 2006 and 05/236-OP2 dated January 2006 prepared by John Norden & Associates
      or as modified herein.
15.   Roof and surface runoff connection to on site disposal and kerb and channel shall be as
      shown on John Norden & Associates Drawing Nos. OP1 and OP 2. Kerb adapters shall be
      used in the kerb.
                                                                                       Page 2 of 7

Page 3

                                                                                         2006/676

16.   Council’s Construction Technical Officer (ph 0410 512 505), shall be given seven (7) days
      notice of intention to commence works to arrange a “pre start” meeting regarding the civil
      works.
17.   Prior to the “pre start” meeting, the principal contractor must be provided with a copy of
      Council’s signed approved drawings and conditions by the applicant.
18.   Prior to works commencing, Council is to be advised of the Engineer (RPEQ) supervising the
      project. (This person will be the contact for the project).
19.   Council standards shall apply to these works unless otherwise modified herein.
20.   The person acting on this permit shall ensure that its consultants and contractors take all
      reasonable care during the construction of the engineering works to ensure that Council
      property, road pavements or facilities (such as underground drainage, water supply,
      sewerage, footpaths, kerbing, landscaping, street furniture etc.) are protected against any
      damage or interference whatsoever.
      If any Council property or facilities should be damaged by the Applicant or any of its
      Consultants or Contractors through any cause whatsoever in the course of, directly or
      indirectly, carrying out the engineering works, the Applicant and/or its Contractors shall
      forthwith notify the Manager-Land Development and shall forthwith rectify the damage to that
      property or facility at its cost and to the satisfaction of the Manager-Land Development, prior to
      the commencement of the use or, alternatively, the Applicant may request the Council to carry
      out the rectification work at the Applicant’s cost, such cost being paid by the Applicant to the
      Council prior to the commencement of the use, provided that in the case of emergency the
      Council shall be entitled to rectify such damage at the cost of the Applicant, such cost being
      paid prior to the commencement of the use.
21.   The development of the site shall be carried out in such a manner as to prevent dust and/or
      sand nuisance to residents and/or tenants in the vicinity of the development.
22.   Construction work and other associated activities are permitted only during the hours of
      7.00 am and 6.00 pm Monday to Saturday. No work is permitted on Sundays or public
      holidays, except where extended hours are approved by the Manager-Land Development or
      his nominee.
23.   All signage, including that for safety during construction shall be in accordance with the
      Manual of Uniform Traffic Control Devices and Traffic Infrastructure (Roads) Act.
24.   Safe pedestrian access on Park Crescent shall be maintained at all times. Should footpath /
      road closures be necessary to carry out construction works, Council’s Construction Technical
      Officer (ph 0410 512 505) must be notified prior to the proposed closure.
25.   Sediment and erosion control measures must be in place prior to works commencing. If such
      measures are not in place or are not satisfactory, “on the spot“ fines may be issued. Such
      fines can be issued if sediments from the site are found to enter or have the potential to enter
      Council’s stormwater system or natural waterways. Although the sediment and erosion control
      measures have been approved on John Norden & Associates Drawing No. OP1, Council’s
      Manager – Land Development may request further controls to be installed should approved
      measures be inefficient.
26.   The site shall be connected to council’s sewerage system using a pump up facility and in
      accordance with the Development Approval.
Notwithstanding that Council has checked the plans with due care, where it is found during
construction that variations from Council's standards exist, then Council standards shall apply.

5     REFERRAL AGENCY CONDITIONS

Not applicable.

                                                                                       Page 3 of 7

Page 4

                                                                                          2006/676


6     APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following
table:
7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
Should any changes or modifications to the approved plans be required as a result of construction
constraints, a Change to an Existing Approval Application under the Integrated Planning Act must be
made. Amended plans clearly indicating the changes must be lodged with this application along with
the appropriate fees.
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
A preliminary approval under section 3.1.6 of Integrated Planning Act 1997 has been granted and as
such the level of assessment and applicable codes for any development approval resulting from this
approval are identified in the conditions.

10    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required             Subject of the required Development Permit
 Development Permit for Operational Works        Landscaping,     Frontage        Works, Access,
                                                 Carparking, Stormwater Disposal, Sediment &
                                                 Erosion Controls & Filling of the Site

11    SELF ASSESSABLE CODES

Not applicable.

12    SUBMISSIONS
Not applicable.

13    REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not applicable.

                                                                                        Page 4 of 7

Page 5

                                                                                     2006/676


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.

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.


Decision Notice History
7 March 2007             Original Decision Notice.
18 November 2009         Change to Existing Approval with change to Condition 13
1 February 2010          Change to Existing Approval with change to Condition 13


Yours faithfully




Mark Lewis
SENIOR ENGINEERING OFFICER
OPERATIONAL W ORKS ASSESSMENT




                                                                                   Page 5 of 7

Page 6

                                                                                                           2006/676


                                                        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
1
    Section 3.1.6 (Preliminary approval may override local             cancel a condition of a development approval.
    planning instrument)
                                                                                                       Page 6 of 7

Page 7

                                                                                                  2006/676

(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)
                                                                                               Page 7 of 7