Decision Notice - 010.2007.00002431.001 [As Published]

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NOOSA COUNCIL IDAS Development Application Decision Notice                                               2 of 6

10.    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                 Subject of the required Development Permit
 Nil

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                              Date:       24 January 2008




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NOOSA COUNCIL IDAS Development Application Decision Notice 2 of 6
10. |. FURTHER DEVELOPMENT PERMITS REQUIRED

Type of Development Permit required Subject of the required Development Permit
Nil

11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.

12. ASSESSMENT MANAGER

Name: Noosa Council Signature: Date: 24 January 2008

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NOOSA COUNCIL IDAS Development Application Decision Notice                                                   3 of 6




                                     Noosa Council Conditions
                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION



Landscaping

1.     The site is to be developed in accordance with the approved Plans titled and numbered Operational
       Works Landscape Plan – LGGG 850 – LA01 01 of 03 Issue D and LGGG 850 LA02 02 of 03 Issue C,
       prepared by LandGraphics and dated Nov 07 and as may be amended by these conditions.

2.     The road reserve area adjacent to Walter Hay Drive North of the access to the development at this
       frontage shall be planted with an additional 6 x Cupaniopsis anacardioides street trees at centres of a
       maximum of 8 metres.

3.     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.

4.     All native plant species located in group plantings shall not be subjected to any hedging maintenance
       regimes.

5.     Street trees shall be planted a minimum of 1m from the back of the kerb in the road reserve verge.

6.     All street trees and internal trees 45 litre and greater must be securely tied and staked to assist their
       growth during the establishment period.

7.     The density of planting must achieve the set out requirements as detailed on the approved landscape
       plan.

8.     Plants shall be grouped in mulched beds rather than planted individually to provide for optimum growing
       conditions and less maintenance.

9.     Prior to commencement of earthworks and removal of trees, all existing trees nominated for retention on
       the approved Council plans must be cordoned off with protective barricade fencing to prevent impact from
       all future construction works.

10.    All target or hazard pruning required on trees to be retained must be carried out by a qualified
       experienced arborist.

11.    The applicant must ensure that all landscaping treatment does not unduly restrict/prevent access to
       service meters within the site.

12.    This Development Permit lapses if the development has not happened by 23 January 2010 unless
       application to extend the currency is approved by Council.




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NOOSA COUNCIL IDAS Development Application Decision Notice 3 of 6

Se NOOSA

 

Noosa Council Conditions

 

  

COUNCIL

INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

 

Landscaping

1.

10.

11.

12.

The site is to be developed in accordance with the approved Plans titled and numbered Operational
Works Landscape Plan — LGGG 850 — LAO1 01 of 03 Issue D and LGGG 850 LA02 02 of 03 Issue C,
prepared by LandGraphics and dated Nov 07 and as may be amended by these conditions.

The road reserve area adjacent to Walter Hay Drive North of the access to the development at this
frontage shall be planted with an additional 6 x Cupaniopsis anacardioides street trees at centres of a
maximum of 8 metres.

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.

All native plant species located in group plantings shall not be subjected to any hedging maintenance
regimes.

Street trees shall be planted a minimum of 1m from the back of the kerb in the road reserve verge.

All street trees and internal trees 45 litre and greater must be securely tied and staked to assist their
growth during the establishment period.

The density of planting must achieve the set out requirements as detailed on the approved landscape
plan.

Plants shall be grouped in mulched beds rather than planted individually to provide for optimum growing
conditions and less maintenance.

Prior to commencement of earthworks and removal of trees, all existing trees nominated for retention on
the approved Council plans must be cordoned off with protective barricade fencing to prevent impact from
all future construction works.

All target or hazard pruning required on trees to be retained must be carried out by a qualified
experienced arborist.

The applicant must ensure that all landscaping treatment does not unduly restrict/prevent access to
service meters within the site.

This Development Permit lapses if the development has not happened by 23 January 2010 unless
application to extend the currency is approved by Council.

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NOOSA COUNCIL IDAS Development Application Decision Notice                                                     4 of 6



                                      Local Laws, Policies & State
                                      Regulation Requirements
                                      INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


     THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM
                             CONDITIONS OF APPROVAL

1.    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.

2.    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:-

      2.1. On a Sunday or public holiday, at any time; or

      2.2. 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.

3.    Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of
      operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In
      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 that the
      requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational
      works must be submitted to Council prior to the commencement of any works over the site.




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NOOSA COUNCIL IDAS Development Application Decision Notice 4 0f6

 

cs NOOSA

Local Laws, Policies & State
COUNCIL

Regulation Requirements

  

 

INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

 

THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM
CONDITIONS OF APPROVAL

1. 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.

2. 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:-

2.1. Ona Sunday or public holiday, at any time; or
2.2. Ona 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.

3. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of
operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In
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 that the

requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational
works must be submitted to Council prior to the commencement of any works over the site.

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NOOSA COUNCIL IDAS Development Application Decision Notice                                                           5 of 6



                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

   The following is an extract from the Integrated                           (6) If an application involves assessment against
   Planning Act (Chapter 4).                                              a concurrence agency code, appeal rights for
                                                                          submitters for the application are not available
   Division 8 - Appeals to                   court      relating     to   against the part of the approval that represents the
   development applications                                               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   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 the identification of a code                      (b) the advice agency told the applicant and the
                            1
       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.(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 (1)(a) does not apply if the
                                                                          approval resulted from a development application
       (2) The appeal must be started within 20 business                  (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) 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
      (4) If 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) If 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-
                                                                          (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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NOOSA COUNCIL IDAS Development Application Decision Notice

5 of 6

 

 

COUNCIL

WOl@Ne% =§=Appeal Rights

 

 

INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

 

The following is an extract from the Integrated
Planning Act (Chapter 4).

Division 8 - Appeals to court relating to
development applications

Appeals by applicants

4.1.27.(1) An applicant for a development application
may appeal to the court 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;"

(c) the decision to give a preliminary approval when a
development permit was applied for;

(d) the length of a currency period;
(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must
be started within 20 business days (the “applicant's
appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant.

(3) An appeal under subsection (1)(e) may be
started at any time after the last day a decision on the
matter should have been made.

Appeals by submitters

4.1.28.(1) A submitter for a development application
may appeal to the court about-

(a) the giving of a development approval, including
any conditions (or lack of conditions) or other
provisions of the approval; or

(b) the length of a currency period for the approval.

(2) The appeal must be started within 20 business
days (the “submitters appeal period”) after the day
the decision notice or negotiated decision notice is
given to the submitter.

(3) If a person withdraws a submission before the
application is decided, the person may not appeal the
decision.

(4) If an application involves both impact
assessment and code assessment, appeal rights for
submitters are available only for the part of the
application involving impact assessment.

(5) If an application is processed under section
6.1.28(2), appeal rights for submitters for the
application are available only for the aspects of the
development that would have required public
notification under the repealed Act.

' Section 3.1.6 (Preliminary approval may override local planning
instrument)

(6) If an application involves assessment against
a concurrence agency code, appeal rights for
submitters for the application are not available
against the part of the approval that represents the
concurrence agency’s response for the code.

Appeals by advice agency submitters

4.1.29.(1) An advice agency may, within the limits of
its jurisdiction, appeal to the court about the giving of
a development approval for a development
application if-

(a) the development application involves impact
assessment; and

(b) the advice agency told the applicant and the
assessment manager to treat its response to the
application as a submission for an appeal.

(2) The appeal must be started within 20 business
days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
submitter.

Appeals for matters arising after approval given
(co-respondents)

4.1.30.(1) For a development approval given for a
development application, a person to whom any of
the following notices have been given may appeal to
the court against the decision in the notice-

(a) a notice giving a decision on a request for
extension of the currency period for an 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 after the day the notice of the decision is given
to the person.

(3) Subsection (1)(a) does not apply if the
approval resulted from a development application
(superseded planning scheme) that was assessed as
if it were an application under a superseded planning
scheme.

(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 made.

Division 9 - Appeals to court about other matters

Appeals for matters arising after approval given
(no co-respondents)

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-

(a) a notice giving a decision on a request to change
or cancel a condition of a development approval.

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NOOSA COUNCIL IDAS Development Application Decision Notice                                             6 of 6

                                      2
(b) a notice under section 6.1.44 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 (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.




2
     Section 6.1.44 (Conditions may be changed or cancelled by
    assessment manager or concurrence agency in certain
    circumstances)




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(b) a notice under section 6.1.44? 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 (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.

2 Section 6.1.44 (Conditions may be changed or cancelled by

assessment manager or concurrence agency in certain
circumstances)

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