Decision Notice - 010.2008.00001795.001 [As Published] · 152008.1795

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3.    Pursuant to Section 3.7.3(3)(b) of the Integrated Planning Act 1997, all outstanding rates and
      charges due and payable to Sunshine Coast Regional Council in respect of the lots being
      reconfigured must be paid prior to endorsement of the Survey Plan.
4.    Legal documentation provided with the Plan of Survey lodged for endorsement must include
      certification from the surveyor stating that all infrastructure belonging Lot 788 on RP910421
      and Lot 1 on SP116622, except as modified herein, is contained wholly within each new
      individual allotment.
5.    The boundary realignment between Lot 788 on RP910421 (Lot 788) and Lot 1 on SP116622
      (Lot 1) must be as shown on the approved plan 08096OT dated 8 October 2008 as submitted
      by Ken Hicks and Associates except as modified herein.
6.    Any changes required by Council’s Solicitor must be attended to prior to endorsing the Plan of
      Survey.
     Any necessary Titles Office forms requiring the consent of Council is to be submitted prior to
     the endorsing of the Plan of Survey.
Water Mains and Connections
7.    Each new individual allotment must be connected to Council’s existing town water supply in
      accordance with Council’s standards and requirements at no cost to Council.
8.    Each individual water connection to the water reticulation system must extend to the property
      boundary and be metered. All fees for the supply of water meters must be paid to the Council.
9.    All water meters must be located outside the property boundary and in an easily assessable
      location to facilitate unhindered reading by Council and/or Council’s contracted water meter
      readers, and not behind fences or locked gates. In this regard approval of the water meter
      configuration and location must be obtained from Council’s CEO prior to endorsement of the
      Plan of Survey.
Services
10.   The requirements for TELECOMMUNICATION services shall be satisfied in relation to the
      provision of telephone services to each new individual allotment. In this regard written
      confirmation from an approved telecommunication agency stating that each new individual
      allotment are serviced by appropriate telecommunication services shall be submitted to the
      Council prior to Council endorsing the Plan of Survey.
11.   An underground electricity service must be provided to each new individual allotment. An
      approved ENERGEX Electrical Design Consultant shall prepare detailed designs of the
      electrical proposal to serve the lots, unless already provided.
     The detailed deigns shall then be submitted to ENERGEX for approval and a copy of their
     approval submitted to Council in conjunction with a “Certificate of Electricity Supply for
     Proposed Subdivisions” (prepared by an approved ENERGEX Electrical Design Consultant)
     prior to Council endorsing the Plan of Survey.
     Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant shall
     be wholly at the applicant’s expense and shall not entail a financial encumbrance on future
     purchasers of Lot 788.
Easement for Services
12.   In conjunction with the endorsement of the Plan of Survey by Council, the applicant shall
      create a registered easement over any infrastructure for electricity and telecommunication as
      may be required by the service providers.
General
13.   Any alteration of a public utility or other facility necessitated by the boundary realignment or
      associated construction works either internal or external to the site shall be at no cost to
      Council.

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5     REFERRAL AGENCY CONDITIONS
Nor Applicable.

6     APPROVED PLANS

The approved plans for this development approval are listed in the following table:
 Plan No.                  Rev.    Plan Name                                    Date
 080960T                           Proposed Boundary Realignment                8 October 2008

7     ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    For the purpose of these conditions, the following definitions apply: -
      1.1.    A Plan of Survey means the plan for the reconfiguration of a lot required to be
              endorsed by Council pursuant to S3.7.1 of the Integrated Planning Act 1997.
      1.2.    The person acting on this permit means any person or company who undertakes
              development pursuant to this permit.
      1.3.    Each new individual allotment means Lot 788 on RP910421 and Lot 1 on SP116622
              as shown on approved plan 08096OT dated 8 October 2008 as submitted by Ken
              Hicks and Associates except as modified herein.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8     PROPERTY NOTES

Not Applicable.
9     PRELIMINARY APPROVAL OVERRIDING SCHEME

Not Applicable.

10    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required           Subject of the required Development Permit
 Not Applicable

11    SELF ASSESSABLE CODES

Not Applicable.

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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 are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.



Yours faithfully




Mark Lewis
ACTING MANAGER – LAND DEVELOPMENT




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                                                     Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated
                                                                    (6) If an application involves assessment against a
Planning Act (Chapter 4).                                      concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to                      for the application are not available against the part of
development applications                                       the approval that represents the concurrence agency’s
                                                               response for the code.
Appeals by applicants
                                                               Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following-          4.1.29.(1) An advice agency may, within the limits of
                                                               its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development      development approval for a development application
      application;                                             if-
(b) a matter stated in a development approval,                 (a) the development application involves impact
      including any condition applying to the                      assessment; and
      development, and the identification of a code
      under section 3.1.6;1                                    (b) the advice agency told the applicant and the
                                                                  assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a            application as a submission for an appeal.
      development permit was applied for;
                                                                  (2) The appeal must be started within 20 business
(d) the length of a currency period;                           days after the day the decision notice or negotiated
(e) a deemed refusal.                                          decision notice is given to the advice agency as a
   (2) An appeal under subsection (1)(a) to (d) must           submitter.
be started within 20 business days (the “applicant’s           Appeals for matters arising after approval given
appeal period”) after the day the decision notice or           (co-respondents)
negotiated decision notice is given to the applicant.          4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be               development application, a person to whom any of the
started at any time after the last day a decision on the       following notices have been given may appeal to the
matter should have been made.                                  court against the decision in the notice-
Appeals by submitters                                          (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application               extension of the currency period for an approval;
may appeal to the court about-                                 (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including                minor change to an approval.
      any conditions (or lack of conditions) or other              (2) The appeal must be started within 20 business
      provisions of the approval; or                           days after the day the notice of the decision is given to
(b) the length of a currency period for the approval.          the person.
    (2) The appeal must be started within 20 business                (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day            approval resulted from a development application
the decision notice or negotiated decision notice is           (superseded planning scheme) that was assessed as
given to the submitter.                                        if it were an application under a superseded planning
                                                               scheme.
   (3) If a person withdraws a submission before the
application is decided, the person may not appeal the             (4) Also, a person who has made a request
decision.                                                      mentioned in subsection (1) may appeal to the court
                                                               against a deemed refusal of the request.
   (4) If an application involves both impact
assessment and code assessment, appeal rights for                 (5) An appeal under subsection (4) may be started
submitters are available only for the part of the              at any time after the last day the decision on the
application involving impact assessment.                       matter should have been made.
    (5) If an application is processed under section           Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the                Appeals for matters arising after approval given
application are available only for the aspects of the          (no co-respondents)
development that would have required public
notification under the repealed Act.                           4.1.31.(1) A person to whom any of the following
                                                               notices have been given may appeal to the court
                                                               against the decision in the notice-
1
                                                               (a) a notice giving a decision on a request to change
     Section 3.1.6 (Preliminary approval may override              or cancel a condition of a development approval.
    local planning instrument)
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(b) a notice under section 6.1.442 giving a decision to     (d) the length of a period mentioned in section 3.5.21
    change or cancel a condition of a development                 currency period;
    approval.                                               (e) a deemed refusal.
    (2) The appeal must be started within 20                    (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision      be started within 20 business days (the “applicant’s
is given to the person.                                     appeal period”) after the day the decision notice or
   (3) Also, a person who has made a request                negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the                (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request.              started at any time after the last day a decision on the
    (4) An appeal under subsection (3) may be               matter should have been made.
started at any time after the last day the decision on      The Registrar for the Building and Development
the matter should have been made.                           Tribunal may be contacted at the website
Appeals against decisions to change approval                http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
                                                            For Infrastructure Charges Only
decision made on an application to change the               4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under              charges
section 2.19(3)or section 4.4 of the repealed Act may       (1) This section applies to a person who has been
appeal to the court against-                                given, and is dissatisfied with, an infrastructure
(a) the decision; or                                        charges notice or a regulated State infrastructure
(b) a deemed refusal of the application.                    charges notice.
    (2) An appeal under subsection (1)(a) must be           (2) The person may appeal to the court against the
started within 20 business days after the day notice of     notice.
the decision is to be given to the person.                  (3) The appeal must be started within 20 business
    (3) An appeal under subsection (1)(b) may be            days after-
started at any time after the last day a decision on the    (a) if the notice is given because of a development
matter should have been made.                                    approval or master plan approval-the day the
Appeals against local laws                                       applicant is given notice of the decision about the
                                                                 approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions            (b)    otherwise-the day the notice is given to the
applied under a local law about the use of premises or             person.
the erection of a building or other structure permitted     (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court              (a) whether a charge in the notice is so
against the decision or the conditions applied.                  unreasonable that no reasonable relevant local
    (2) The appeal must be started within 20 business            government, State infrastructure provider or
days after the day notice of the decision is given to the        coordinating agency could have imposed it; or
applicant.                                                  (b) an error in the calculation of the charge.
For Building Works Only                                     (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the          appeal under this section can not be about the
Integrated Planning Act 1997 as follows:                    methodology used to establish the charge in the
                                                            relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
                                                            State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
    application;
(b) a matter stated in a development approval,
    including any condition applying to the
    development, and the identification of a code
    under section 3.1.6;3
(c) the decision to give a preliminary approval when a
    development permit was applied for;


2
   Section 6.1.44 (Conditions may be changed or
  cancelled by assessment manager or concurrence
  agency in certain circumstances)
3
   Section 3.1.6 (Preliminary approval may override
  local planning instrument)
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