Decision Notice - 010.2007.00001172.001 [As Published] · 132007.1172

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NOOSA COUNCIL IDAS Development Application Decision Notice                                                     2 of 7

10.    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                 Subject of the required Development Permit
 Development Permit for Building Works               All Building Works

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                               Date:         2 July 2007




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                      3 of 7




                                       Noosa Council Conditions
                                       INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


Land Use
1.     Development undertaken in accordance with this approval must generally comply with the approved plans
       of development. The approved plans are referenced J14326 Sheets 1, 2, 3 & 3 prepared by Coral Homes
       and dated 3 May 2007 and as may be amended by these conditions.

2.     Existing trees on the site and within road reserves are to be retained, except where otherwise approved as
       detailed on Sheet 3 of 8 – Site Plan prepared by Coral Homes and dated 3 May 2007. This requires the
       rainwater tank to be sited to the east of the proposed location.

3.     The vegetation removed from the site shall be replaced with a minimum of 6 tube stock trees (200mm pot
       size) with the recommended species including Eucalyptus siderophloia, Eucalyptus propinqua, Eucalyptus
       acmenioides, Eucalyptus carnea, Eucalyptus microcorys and Corymbia citriodora. These trees are to
       replace those that are removed for the irrigation disposal area and will be placed adjacent to existing
       vegetation on site.

4.     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.

5.     Vegetation shall be protected from interference resulting from clearing or construction activities by:

              5.1.1.     Clearly marking vegetation to be retained with flagging tape;

              5.1.2.     Installing protective fencing around the drip line of the vegetation;

              5.1.3.     Stockpiling, storage and vehicle parking occurs in already cleared areas and does not
                         cause interference with vegetation; and

              5.1.4.     Low impact construction techniques are used around vegetation to minimise
                         interference with the vegetation.

6.     Cleared vegetation is to be suitably processed by one of the following methods and removed from the
       site:-

       6.1.   Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled loose in
              heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum of 10 metres
              between edges of heaps.

       6.2.   Disposal for firewood.

       6.3.   Disposal for landscaping purposes.

       6.4.   Transport to alternative site for breaking down materials provided that all necessary permits have
              been obtained to allow the alternate site to be used for this purpose.

       6.5.   The Applicant is advised that burning off is an unacceptable method of disposal.

7.     All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
       (LPG or natural).

8.     On site water storage for a minimum of 60, 000 litres shall be provided on site to service the Detached
       House.

9.     An accessible dam, swimming pool or water tank with fire brigade fittings that contains at least 5,000 litres
       of water shall be made available on site for fire fighting purposes.




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10.    Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 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.

11.    The requirements of this development approval are to be effected, prior to the use of the premises.
       Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect
       compliance with conditions.

12.    The Development Permit for a material change of use of premises lapses if the use has not happened by
       28 June 2011 unless an application to extend the currency is approved by Council.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                     5 of 7



                                      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.      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:

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

        1.2.   On a Saturday or a business day, before 7.00am or after 6.30pm.

        1.3.   A maximum penalty of $1,500 applies to an offence under this legislation.

2.      The applicant is advised that a Compliance Permit for all plumbing and drainage works within the
        boundaries of the development site shall be obtained from Council’s Plumbing Services Section prior to
        obtaining a Development Permit for Building Works.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                           6 of 7



                                                    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
       (2) The appeal must be started within 20 business                  approval resulted from a development application
                                                                          (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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                                      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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