Decision Notice - 010.2007.00001490.001 [As Published] · 152007.1490

Page 2

NOOSA COUNCIL IDAS Development Application Decision Notice                                        2 of 10

N/A.

8.     CONDITIONS

The approval is subject to conditions. Noosa Council’s conditions are attached.

9.     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                 Subject of the required Development Permit
 Operational Works                                   Access, Stormwater and Sewer Reticulation

10.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

11.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                               Date:




NSC c:\docume~1\rhr\locals~1\temp\bcl technologies\easypdf 5\@bcl@cc01df72\@[email protected]

Page 3

NOOSA COUNCIL IDAS Development Application Decision Notice                                                 3 of 10




                                     Noosa Council Conditions
                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


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.   A registered Professional Civil Engineer means an civil engineer who is registered in
              Queensland pursuant to the Professional Engineers Act 1988.

       1.3.   The person acting on this permit means any person or company who undertakes development
              pursuant to this permit.

       1.4.   Principal Contractor means the person nominated by the Applicant and approved by the Manager
              - Land Development at a pre-start meeting as being responsible for the major component of works
              associated with a Development Permit for Operational Works of any works on the site.

2.     The lot reconfiguration shall be in accordance with the approved plan titled “Proposed Reconfiguration of
       5 Lots to 4 Lots – Grant Street, Noosa Heads” numbered 0703.0A4 prepared by Ian Gorton Design except
       as modified herein

3.     Pursuant to Section 3.5.21(2)(b) of the Integrated Planning Act 1997, the currency period is four (4) years
       from the day this permit takes effect during which time all conditions must have been complied with,
       operational works completed, and the Plan of Survey lodged with the Council for endorsement.

4.     In conjunction with the lodgement of the Plan of Survey for Council endorsement, legal documentation
       shall be presented to Council and shall be submitted in the correct form with the fees prescribed in
       Council's adopted fee schedule.

5.     Pursuant to Section 3.7.3(b) of the Integrated Planning Act, all outstanding rates and charges due and
       payable to Noosa Council in respect of the lots being reconfigured shall be paid prior to endorsement of
       the Plan of Survey for each stage.

6.     Prior to undertaking any excavation, the person acting on this permit shall contact public utility service
       providers to ascertain the location of their underground services.

7.     For the following classes of work associated with development, a Development Permit for Operational
       Works must be obtained prior to commencement of works relating to that class of work. The application
       may combine any or all of these classes of work: -

       7.1.   Access

       7.2.   Stormwater

       7.3.   Sewer reticulation including new mains, relocations, diversions, pump stations and rising mains.

8.     The person acting on this permit shall apply and obtain for all other necessary permits including crane
       permits, road opening permits, hoarding permits, footpath occupation permits and/or any other approvals
       required under any other Act.

9.     Prior to commencement of work relating to a Development Permit for Operational Works, the Applicant
       shall sign a written undertaking to be responsible for the full cost of repairs to road pavement, footpath,
       kerb and gutter, or other Council property damaged as a result of construction of the proposed
       development.
       If any person acting under this permit damages any Council property or facilities (such as underground
       drainage, water supply and sewerage) , through any cause whatsoever in the course of, directly or
       indirectly carrying out development, that person shall forthwith notify the Manager - Land Development
       and shall forthwith rectify that damage at its cost and to the satisfaction of the Manager - Land
       Development. Alternatively, the Applicant may request the Council to carry out the rectification works.




NSC c:\docume~1\rhr\locals~1\temp\bcl technologies\easypdf 5\@bcl@cc01df72\@[email protected]

Page 4

NOOSA COUNCIL IDAS Development Application Decision Notice                                                   4 of 10


        Any damage to a water main shall be rectified by Council. Any damage to a sewer main shall be
        undertaken by either Council or a Council approved contractor.

        In all cases, Council reserves the right to carry out rectification works in an emergency and where no
        reasonable attempt has been made to complete the rectification works as part of the development.

        All costs incurred by Council in any rectification works shall be repaid to Council prior to the endorsement
        of the Plan of Survey.
10.     The Assessment Manager for building work shall ensure that all other permits required by this permit have
        been obtained and outcomes from imposed conditions incorporated into the building plans prior to issue
        of a Development Permit for Building Works.
Civil Works
11.     All redundant vehicular crossings to the site shall be removed and replaced by kerb and channel and
        footpath paving in accordance.

12.     The existing access driveway at the rear of the sites shall be extended to the proposed common boundary
        of proposed Lots 3 and 4. The access driveway shall be:

        12.1. Constructed of similar materials as the existing driveway with a minimum width of 3.0 metres,

        12.2. Designed and constructed in accordance with the requirements of Council’s Planning Scheme
              Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks, shall reference
              where applicable to Council’s Standard Drawings and shall incorporate best engineering practice.

13.     All designs for engineering works involving the construction of sewerage reticulation shall be prepared in
        accordance with the requirements of Council's Planning Scheme Policy PSP06 – Engineering Design
        Standards – Water and Sewerage, shall reference where applicable to Council’s Standard Drawings and
        shall incorporate best engineering practice. To avoid conflict with underground pipes or services, all
        existing and proposed services required by the development shall be shown on the plans.

14.     A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
        specifications for all engineering works that will become Council infrastructure, which shall be submitted in
        conjunction with an application for a Development Permit for Operational Works. In this regard a
        DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction
        with any application for Operational Works.

15.     To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted
        in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are
        available at www.adac.com.au).

16.     Prior to Council endorsing the Plan of Survey, a certificate from a registered Professional Civil Engineer
        shall be submitted to Council for each Development Permit for Operational Works issued pursuant to this
        permit. The engineer shall certify that he has supervised those works and that they have been completed
        in a workman like manner in accordance with good engineering practice and in accordance with that
        permit.

17.     As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer for design
        intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of all services
        and structures. All of which shall be submitted to Council for checking and for Council’s records.
        The data must fully detail levels for all engineering works including but not limited to drainage structures,
        finished ground levels and pavement surface levels. The data shall be submitted in the Asset Design and
        As Constructed (ADAC) digital format.            (Guidelines on the use of ADAC are available at
        www.adac.com.au).

        Approval of works shall not be granted until all As Constructed information has been supplied and
        accepted by Council.
Water
18.     The site shall be connected to Council’s Water Supply and Sewerage reticulation systems to the Water
        and Sewerage design guidelines and the requirements of the Manager - Land Development, at no cost to
        Council.




NSC c:\docume~1\rhr\locals~1\temp\bcl technologies\easypdf 5\@bcl@cc01df72\@[email protected]

Page 5

NOOSA COUNCIL IDAS Development Application Decision Notice                                                    5 of 10


19.     The existing water meters shall be relocated and disconnected where necessary to suit the approved lot
        layout. The works shall be undertaken by Council at the applicant’s cost to facilitate compliance with
        Council’s Planning Scheme Policy PSP06 – Engineering Design Standards – Water and Sewerage.
        Water meters shall be located on opposite boundaries to Energex pillar boxes.



Sewer
20.     Prior to Council endorsement of the Plan of Survey, the applicant shall submit to Council plans prepared
        by a registered Professional Civil Engineer showing surface levels and calculations to verify existing
        sewer house connections to proposed lots 2, 3 and 4 are suitably located and fully control the allotments
        being served. Refer Noosa Shire Council Planning Scheme Policy 6 - Water and Sewerage Design
        Standards.

21.     The existing sewer within easements A and C in proposed lot 1 shall be modified such that the sewer
        terminates in a manhole immediately south of the northern side of Easement E. All works are to comply
        with Noosa Shire Council Planning Scheme Policy PSP06 – Engineering Design Standards – Water and
        Sewerage.
        An Operational Works - Sewer reticulation application must be submitted in respect to sewerage
        modification works.
22.     Detailed design drawings and calculations shall be submitted with an application for a Development
        Permit for Operation Works in respect of water or sewer works. To avoid conflict with other underground
        pipes or services, all existing and proposed services required by the development shall be shown on the
        plans.

23.     All connections to sewer system shall be carried out either by Council or by a Council approved
        Contractor and at no cost to Council. Any connection to a water main shall be undertaken by Council.

Stormwater

24.     Roof and surface water is to be collected on site and is to be discharged through a single underground
        drain line into the existing drainage structures at the rear of the lots and to the reasonable satisfaction of
        the Manager - Land Development. A Development Permit for Building Works shall not be granted until a
        Development Permit for Operational Works has been issued in regard to the drainage scheme.

25.     The existing stormwater pits located adjacent to the rear boundaries of the lots shall be relocated such
        that a pit and connection point is available in each new lot. The works shall be designed and constructed
        in accordance with the requirements of Council’s Planning Scheme Policy PSP05 – Engineering Design
        Standards – Roads, Drainage and Earthworks, shall reference where applicable to Council’s Standard
        Drawings and shall incorporate best engineering practice.

26.     All site drainage shall be by means of gravity systems.
Power/Telecommunications
27.     An underground electricity service shall be provided to each lot if not already provided.
        In this regard, an approved ENERGEX Electrical Design Consultant shall work in conjunction with
        Council’s Manager - Works Support to prepare detailed designs of the electrical proposal.
        The detailed designs 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 the proposed
        lots.

28.     The requirements for TELECOMMUNICATION services shall be satisfied in relation to the provision of
        new telephone services to the proposed lots. In this regard written confirmation from an approved
        telecommunication agency shall be submitted to the Council prior to Council endorsing the Plan of
        Survey.

29.     Any alteration of a public utility or other facility necessitated by the development of the land or associated
        construction works either internal or external to the site shall be at no cost to Council.




NSC c:\docume~1\rhr\locals~1\temp\bcl technologies\easypdf 5\@bcl@cc01df72\@[email protected]

Page 6

NOOSA COUNCIL IDAS Development Application Decision Notice                                                  6 of 10


Easements

30.    The existing easements within Lots 1-5 on SP179879 shall be suitable modified to comply with the
       approved plan or as otherwise required by conditions contained herein.

31.    The proposed access easement across the rear of Lots 1, 2 and 3 shall be of sufficient width to allow
       vehicles to pass on the rear driveway in those locations where the driveway surface extends into each lot
       to service their individual garaging.

32.    Prior to Council endorsement of the Plan of Survey, a duly executed copy of any required Grant of
       Easement shall be submitted to Council for perusal.
       Any changes required by Council’s Solicitor shall 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.
33.    Prior to the endorsement of the Plan of Survey, the Applicant's Solicitor shall give Council's Solicitor an
       appropriate undertaking in writing that in conjunction with lodgement of the Plan of Survey at the Land
       Titles Office, the Title Deed and the easement documents will also be lodged and any additional Titles
       Office forms or requisitions requiring the consent of Council being attended to forthwith.

34.    Registered easements are to be provided on the Plan of Survey over all sewerage mains within private
       property. Easements are to be equivalent in width to twice the depth to invert level of the sewer at the
       deepest point within the allotment. Easements are to be provided parallel to and centred over the sewer
       line, with a minimum width of 3.0 metres.

Environmental

35.    All Class 1, Class 2 and Class 3 pest plants declared under the Land Protection (Pest and Stock Route
       Management) Act 2002 are to be controlled on the site prior to Council endorsement of the plan of survey.
       In this context “controlled” shall mean, for class 1 and 2 pests, completely eradicated. For class 3 pests it
       shall mean removal of the plants where they threaten environmentally significant areas of the site such as
       riparian zones and areas of natural vegetation.
       Where class 3 plants are removed as a result of this condition and there is not sufficient natural
       regeneration of native species, the areas shall be replanted with endemic native species so that a
       sustainable natural ecosystem is restored.

       Council’s Conservation Management Supervisor will not inspect the site until 30 days after the weed
       treatment and replanting is complete.
36.    The existing vegetation on the site shall be retained except where removal is required to enable
       construction of services, pegging of surveyed boundaries or as otherwise approved under any subsequent
       Development Permit. Particular care shall be taken not to disturb vegetation adjacent to existing creeks
       and watercourses.

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

       37.1. 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.

       37.2. Disposal for firewood.

       37.3. Disposal for landscaping purposes.

       37.4. 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.
       The disposal method for clearing works is to be submitted in conjunction with an application for a
       Development Permit for Operational Work. The Applicant is advised that other methods may be
       considered provided full details of the method are submitted.

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




NSC c:\docume~1\rhr\locals~1\temp\bcl technologies\easypdf 5\@bcl@cc01df72\@[email protected]

Page 7

NOOSA COUNCIL IDAS Development Application Decision Notice                                                    7 of 10


Security

38.    Prior to commencement of any operational works arising out of this permit, security in the sum of $5,000
       must be lodged with Noosa Council, to secure performance of all conditions of this permit. The security
       shall be in the form of cash or unconditional trading bank guarantee acceptable to the Manager - Land
       Development.
       The security will be returned upon satisfactory performance of all the conditions of this permit and any
       other related development permits for operational works, less any costs incurred by Council in ensuring
       compliance with these conditions or for any additional inspections incurred for substandard work or work
       undertaken not in accordance with this permit.
General

39.    The transportation of all materials to and from the site shall be undertaken in a manner such that no
       particulate matter escapes onto a public road. All vehicles carrying materials either to or from the site shall
       be covered to prevent materials including dust being windblown from the vehicle.

40.    A programme of works is to be submitted with any application for any Development Permit for Operational
       Works detailing the construction schedule and proposed environmental protection measures.
       Where the program is changed for any reason whatsoever, a copy of the revised program shall be
       submitted to Council’s Works Inspector within seven (7) days.
41.    Operational works shall be carried out in a manner that prevents:-

       41.1. Pollution of a waterway

       41.2. Dust/sand nuisance to residents in the vicinity

       41.3. Transfer of dirt and debris onto a public road

       41.4. Excessive noise (less than 1.5 Dba above ambient measured at the lot boundaries)

       41.5. Excessive traffic delays (less than 5 minute delays)

       41.6. Diminution of neighbourhood amenity (long term parking of employees vehicles, parking of
             construction equipment etc.)

42.    Where operational works are likely to affect nearby residents, at least 3 days notice of commencement of
       work, the name of the site supervisor, and a 24 hour contact telephone number shall be distributed to
       affected residents.




NSC c:\docume~1\rhr\locals~1\temp\bcl technologies\easypdf 5\@bcl@cc01df72\@[email protected]

Page 8

NOOSA COUNCIL IDAS Development Application Decision Notice                                                  8 of 10



                                      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 following steps shall be undertaken prior to commencement of any construction:-

        1.1.   The Principal Contractor shall give Council's Inspector seven (7) days' notice of intention to
               commence works.

        1.2.   The Principal Contractor or any of his subcontractors shall not undertake any works unless each
               contractor has public liability insurance in the sum of $10,000,000 and copies of current public
               liability insurance policies are submitted to Council’s inspector.

        1.3.   The Principal Contractor shall nominate a site representative and give a telephone number that
               can reach the site representative at any time during a 24-hour day.

        1.4.   The site representative shall arrange to meet on-site with Council's Inspector to obtain Council's
               requirements for construction of access.

        1.5.   All signage, including that for safety during construction, shall be in accordance with the Manual of
               Uniform Traffic Control Devices and Department of Transport (Main Roads Division) Roadworks
               Signing Guide.

2.      Prior to the issue of a Development Permit for Operational Works, the applicant shall comply with the
        requirements of the Building and Construction Industry (Portable Long Service Leave) Act 1991. In this
        regard, a statutory declaration outlining the cost of building and construction works, as defined in s73.(1)
        of the Act, shall be submitted in conjunction with an application for Operational Works. If payment of the
        levy is required, the approved forms as outlined in s77.(1), must also be sighted by the assessment
        manager.

3.      The development should 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, air-borne
        hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance
        with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No.
        12 – Control of Nuisances.

4.      In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement,
        concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could
        reasonably be expected to move into a roadside gutter, storm water drain or a watercourse. On the spot
        fines apply for such offences.




NSC c:\docume~1\rhr\locals~1\temp\bcl technologies\easypdf 5\@bcl@cc01df72\@[email protected]

Page 9

NOOSA COUNCIL IDAS Development Application Decision Notice                                                          9 of 10



                                                    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)



NSC c:\docume~1\rhr\locals~1\temp\bcl technologies\easypdf 5\@bcl@cc01df72\@[email protected]

Page 10

NOOSA COUNCIL IDAS Development Application Decision Notice                                     10 of 10

                                      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)




NSC c:\docume~1\rhr\locals~1\temp\bcl technologies\easypdf 5\@bcl@cc01df72\@[email protected]