Decision Notice - 010.2008.00001193.001 [As Published] · 142008.1193

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4.    Prior to the “pre start” meeting, the principal contractor must be provided with a copy
      of Council’s signed approved drawings and conditions by the applicant.
5.    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).
6.    Council standards shall apply to these works unless otherwise modified herein.
7.    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, street furniture 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 Chief Executive Officer – Sunshine Coast Regional Council and shall
      forthwith rectify the damage to that property or facility at its cost and to the satisfaction of the
      Chief Executive Officer – Sunshine Coast Regional Council.
      All rectification works are to be completed 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.
      In the case of any 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.
8.    The development of the site shall be carried out in such a manner as to prevent dust and/or
      sand nuisance to residents and/or tenants in the vicinity of the development.
9.    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 Chief Executive Officer or his nominee.
10.   All signage, including that for safety during construction shall be in accordance with the
      Manual of Uniform Traffic Control Devices and Transport Infrastructure (Roads) Act.
11.   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, it is the site's supervising engineer who is responsible for
      ensuring that the sediment and erosion control measures have been designed and
      constructed:
      i.    In accordance with "best practise" methods,
      ii.   Revised to address the issues raised by changes in the projected construction schedule
            and methods,
      iii.  Revised to address predicted rainfall events, and
      iiii  Achieve the desired environmental outcomes.
      Council’s Chief Executive Officer - Sunshine Coast Regional Council may request further
      controls to be installed should approved measures be inefficient.
12.   Certification of completed works must be provided to Council by the supervising engineer.
13.   These works are also to be in compliance with the relevant conditions of Development Permit
      No. 2006/1631.



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14.   Notwithstanding that Council has checked the plans with due care, where it is found during
      construction that variations from Council's standards exist, then Council standards shall apply.
5     REFERRAL AGENCY CONDITIONS

Not Applicable.

6     APPROVED PLANS
The approved plans for this development approval are listed in the following table:
 Plan No.           Rev.    Plan Name                                              Date

 0140.P01           A       Site Plan by Contour Consulting Engineers and          14 October 2008
                            additional amendments by the applicant.

7     ADVISORY NOTES

The following Advisory Notes 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.
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
Not Applicable.

11    SELF ASSESSABLE CODES

Not Applicable.

12    SUBMISSIONS
Not Applicable.

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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




Ron Read
SENIOR TECHNICAL ASSESSMENT OFFICER




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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 relevant 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 relevant 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 relevant 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-
                                                               (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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(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                 relevant 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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