NEGOTIATED Decision Notice 142005.1803

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NOOSA COUNCIL IDAS Development Application Decision Notice                                                           2


9.     CONDITIONS

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

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:       03/02/06



DECISION NOTICE HISTORY
• Original Decision Notice 16 January 2006.
• Negotiated Decision Notice with deletion                of
  Conditions 12 & 14 on 3 February 2006.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                           3




                                      Noosa Council Conditions
                                      INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


Land Use
1.     The site is to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and the
       approved plan of Development. The approved plans are titled Landscaping Plan, Drawing No. 0305.16 T1
       prepared by Simon Bland dated 25 February 2005.

2.     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.

3.     The landscape construction is to be implemented in accordance with the approved landscape plan,
       planting schedule and horticultural industry best practices.

4.     All trees must be planted a minimum of 1 metre from all underground services.

5.     Prior to the commencement of works, all existing street tree planting located in the road reserve must be
       protected and surrounded by barricade fencing. 100 litre replacement trees shall be required should
       detrimental damage be caused to any of the existing street trees.

6.     All plant species as nominated on the approved landscape plan must be implemented as detailed. If the
       nominated plant stock is not available at the time of planting, all substitutions must be endemic to the dune
       area in order to retain the integrity and character of the coastal region.

7.     This Development Permit lapses if the development has not happened by 16 January 2008, unless an
       application to extend the currency is approved by Council.
Land Development
8.     The development shall be carried out in accordance with Engineering drawings Nos.S3064/05/ER1 dated
       5-9-05 and S3064/05/R1A dated 25-5-05 prepared by Tate Professional Engineers or as amended herein.

9.     Prior to the commencement of Building Works, a Geotechnical Engineer or similar qualified expert shall
       conduct a site visit and update the geotechnical report, prepared by Golder Associates Pty Ltd dated
       September 2002 and numbered 02682111(AA) to reflect current site conditions. This information shall be
       submitted to Council prior to the commencement of Building Works.

10.    The vehicle kerb crossover shall be constructed in accordance with Council’s standard drawing No. 9005.

11.    The on-site infiltration pit shall be maintained in accordance with the recommendations of the Stormwater
       Drainage Management Plan File No: S3064 dated September 2005 prepared by Tate Professional
       Engineers.

12.    Deleted.

13.    Council’s Construction Technical Officer (ph 0410 512 505), shall be given seven (7) days’ notice of
       intention to commence works to arrange a “pre start” meeting regarding the civil works.

14.    Deleted.

15.    Council standards shall apply to these works unless otherwise modified herein.

16.    The development of the site shall be carried out in such a manner as to prevent dust and/or sand nuisance
       to residents in the vicinity of the development.

17.    Construction work and other associated activities are permitted only during the hours of 7.00 am and 6.00
       pm Monday to Saturday. No work is permitted on Sundays or public holidays, except where extended
       hours are approved by the Manager-Land Development or his nominee.

18.    All signage, including that for safety during construction shall be in accordance with the Manual of Uniform
       Traffic Control Devices and Traffic Infrastructure (Roads) Act.



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NOOSA COUNCIL IDAS Development Application Decision Notice                                                           4


19.    The person acting on this permit shall ensure that its consultants and contractors take all reasonable care
       during the construction of the engineering works to ensure that Council property, road pavements or
       facilities (such as underground drainage, water supply, sewerage, footpaths, kerbing, landscaping, etc.)
       are protected against any damage or interference whatsoever. If any Council property or facilities should
       be damaged by the Applicant or any of its Consultants or Contractors through any cause whatsoever in the
       course of, directly or indirectly, carrying out the engineering works, the Applicant and/or its Contractors
       shall forthwith notify the Manager-Land Development and shall forthwith rectify the damage to that
       property or facility at its cost and to the satisfaction of the Manager-Land Development, prior to the
       commencement of the use or, alternatively, the Applicant may request the Council to carry out the
       rectification work at the Applicant’s cost, such cost being paid by the Applicant to the Council prior to the
       commencement of the use, provided that in the case of emergency the Council shall be entitled to rectify
       such damage at the cost of the Applicant, such cost being paid prior to the commencement of the use.

20.    Sediment and erosion control measures must be in place prior to works commencing. If such measures
       are not in place or are not satisfactory, “on the spot“ fines may be issued. Such fines can be issued if
       sediments from the site are found to enter or have the potential to enter Council’s stormwater system or
       natural waterways. Although the sediment and erosion control measures have been approved on drawing
       No S3064/05/ER1, Council’s Manager – Land Development may request further controls to be installed
       should approved measures be inefficient.

21.    The Consulting Engineers for the project shall be currently Registered Professional Engineers of
       Queensland. The consulting engineers are responsible for arranging all inspections, with Council’s
       inspector or nominated staff.

22.    Prior to works commencing, Council is to be advised of the Engineer (RPEQ) supervising the project. (This
       person will be the contact for the project).

23.    These works are also to be in compliance with the relevant conditions of Development Permit No.
       2005/307.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                           5



                                      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.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                                       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 a
   Planning Act (Chapter 4).                                              concurrence agency code, appeal rights for
                                                                          submitters for the application are not available against
   Division 8 - Appeals to                   court     relating     to    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 development              a 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                      (b) the advice agency told the applicant and the
       under section 3.1.6; 1                                                 assessment manager to treat its response to the
   (c) the decision to give a preliminary approval when a                     application as a submission for an appeal.
       development permit was applied for;                                   (2) The appeal must be started within 20 business
   (d) the length of a 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 the
       (3) An appeal under subsection (1)(e) may be                       following notices have been given may appeal to the
   started at any time after the last day a decision on 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 started
      (4) If an application involves both impact
                                                                          at any time after the last day the decision on the
   assessment and code assessment, appeal rights for
                                                                          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                                                             7


(b) a notice under section 6.1.44 2 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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