152008.750.3 Change to Existing Approval

Officer:	Jack Lewis
Direct Telephone:	07 53296236
Our Reference:	JLEWIS:152008.750.3
Your Reference:	N/A

3 September 2015

JH Herrle
PO Box 12
POMONA  QLD  4568

[email protected]

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 3 September 2015, Council decided your requested changes.

Details of the decision are as follows:
APPLICATION DETAILS

Application No:	152008.750.3
Street Address:	411 Black Pinch Rd COOTHARABA  QLD  4565
Real Property Description:	Lot 2 RP 206068
Planning Scheme:	The Noosa Plan (11 May 2009)

DECISION DETAILS

The following type of approval has been issued:
Development Permit for Reconfiguring a Lot (1 into 2 Lots)

In relation to the request to make a change to the existing approval, Council on 23 December 2011 decided to:
A.	Approve a change to conditions 1, 6, 8, 10, 24 and Property Note for Lot 1.
B.	Delete conditions 21 & 22.

In relation to the request to make a change to the existing approval, Council on 3 September 2011decided to:
A.	Approve a change to condition 27.

RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Approval is identified in the Assessment Manager conditions.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are in the following table and may be amended by these conditions.
Plan No.	Rev.	Plan / Document Name	Date
242001-SK1		Revised House Site Location -  Cardno	2/12/2010
Plan of Survey
Pursuant to Section 3.7.3(3)(b) of the Integrated Planning Act, all outstanding rates and charges due and payable to Sunshine Coast Regional Council in respect of the lots being reconfigured shall be paid prior to endorsement of the Plan of Survey.
Plan of Survey for Council endorsement shall be submitted to Council in the correct form with the fees prescribed in Council's adopted fee schedule.
In conjunction with the lodgement of the Plan of Survey for Council endorsement, all 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.
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 those works and they have been completed in a workman like manner in accordance with good engineering practice and in accordance with that permit.
A metes and bounds plan shall be submitted to Council indicating the house site and effluent disposal areas on Lot 1. The house site shall be located on land less than 25% in grade and generally as shown on drawing No. 242001-SK1, prepared by Cardno dated 02/12/2010, and the effluent disposal area shall be located in accordance with The Department of Environment and Resource Management (DERM) Referral Agency Response (Vegetation) Plan dated 15 November 2011.
Where site boundaries are reasonably suspected to be encroaching onto or close to the formation of the existing road (for example the section of the road approximatly100m north of the existing access to the existing dwelling on the site), the boundaries must be surveyed. If the existing road boundaries are less than 9m from existing or proposed road centrelines, or less than 3m from the toe or top of batters of existing or proposed roads, the lots boundaries shall be amended to provide sufficient land in the Road Reserve to achieve these clearances.
Prior to endorsement of the Plan of Survey, the Applicant shall submit to Council a certification of compliance from a Registered Cadastral Surveyor in relation to the surveyed boundaries.
Bushfire Management
The subdivision shall be carried out in accordance with the management solutions of a revised Bushfire Risk Management Plan, which is to be submitted to and approved by Council, prior to the endorsement of the Plan of Survey.
A water tank located within the house site area of Lot 1 shall be provided for use by the fire brigade, containing not less than 5000 Litres of water and fitted with couplings suitable for attachment to fire fighting appliances. The water tank shall be installed as part of any building works application on Lot 1.
Currency Period
The Development Permit for reconfiguring a lot (1 to 2 Lots) lapses on the 1 September 2015, unless an application to extend the relevant period is approved by Council. During this time all conditions must have been complied with, Operational Works completed, and the Plan of Survey lodged with the Council for endorsement.
Landslide Hazard
A site specific geo-technical analysis prepared by a registered professional engineer is to be undertaken identifying any potential stability and associated problems as a result of the defined house site area on Lot 1. The analysis shall include but not be limited to the following:
Long-term stability of the site;
Any potential adverse effects by landslides originating on slopes above the site;
Long-term stability of the proposed development, including access works and earthworks;
Access to the site in the event of a landslip; and
Methods required to address potential stability and associated problems.
The report shall demonstrate no increase risk of landslide as a result the proposed house site area, Council shall give written approval prior to issue of a development permit for Operational Works.
Cut or fill within the defined house site area is to be restricted to 2m in depth relative to natural ground surface
Vegetation Protection
Existing trees on the site and within the road reserves and are to be retained, except where required to be removed due to building operations within the prescribed house site areas.
All plantings within the house site area of Lot 1 are to be rehabilitated and adequately stabilised and where necessary replanted with fire retardant species in accordance with Planning Scheme Policy 3 – Landscaping and Planting Guidelines and the Bushfire Risk Management Plan for the site.
Location of driveways and buildings sites shall avoid the removal of native vegetation where practical.
All Class 1, Class 2 and Class 3 pest plants declared under the Land Protection (Pest and Stock Route Management) Act 2002 and including all Camphor Laurel trees on the property 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.
Cleared vegetation is to be suitably processed by one of the following methods and removed from the site:-
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.
Disposal for firewood.
Disposal for landscaping purposes.
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 advised that burning off is an unacceptable method of disposal.
Roadworks and Vehicle Access
The applicant shall design and construct an access driveway extending from the edge of Black Pinch Road to the proposed house site on Lot 1. The access driveway shall be designed and constructed in accordance with Council’s standards and shall comply with the following:
Have an absolute minimum width of 3m.
Be all weather construction.
No section of the proposed access driveway shall exceed 20% grade.
The access driveway shall be constructed with a bitumen seal with a minimum width of 3m on 4m formation or 3m wide concrete slab where:
The driveway that is 12% or greater in grade, and/or
Within 40 metres from any existing or proposed house site, and/or
Where the cut or fill of the natural surface may cause scour damage to the driveway, and/or
Where the driveway is in “sag” and water damage to the driveway could be reasonably expected.
Any filling works associated with the access construction shall be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards.
Stormwater runoff from the access driveway shall be suitably controlled to ensure that no undue scour or erosion occurs to the natural surface of surrounding bushland. In this regard the design shall take advantage of grade changes to frequently turn surface stormwater off the road onto the forest floor and not deliberately collect the stormwater runoff and deliver it out of drainage pipes in a concentrated high velocity condition.
A turning area suitable for fire-fighting appliances shall be provided at the house site.
A Development Permit for Operational Works is required for these works.
The applicant shall provide a minimum of 3 passing lanes along Black Pinch Road between Road 30 (i.e. the south east corner of No 263 Black Pinch Road) and the access to No 309 Black Pinch Road.  The passing lanes shall be constructed of compacted gravel in accordance with Council’s standards, shall have a minimum length of 10m and have an overall length of 15m and overall width of 6m.  The passing bays can be positioned centrally or on either side of the road.  The design engineer shall identify the locations and the positioning of the three passing lanes to optimise benefit and ensure safe and easy vehicle passage suitable for all vehicles up and including Medium Rigid Vehicles (MRV). A Development Permit for Operational Works is required for these works.
Stormwater Drainage
Any works associated with this development shall not adversely affect the existing drainage conditions on the bushland or the adjoining properties by diverting and/or blocking the natural overland runoff from these properties.
Power Supply
Deleted.
Deleted.
Telecommunication
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.
Effluent Disposal
The design and construction of any on-site effluent disposal system and disposal area (land application area) shall be in accordance with Council’s Planning Scheme Policy PSP24 - Effluent Disposal, current Australian Standards. Specifically, the land application area shall be positioned to achieve the greatest possible setback to any permanent or intermittent watercourse. The land application area shall also be positioned at least 15m from any underground rainwater tanks.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard, plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
Bonds
Prior to Council giving approval for Development Permit for Operational Works the applicant shall submit $10,000 bond to ensure compliance with the conditions contained within this approval. The bond will be returned following the acceptance of all works.
Contributions Towards Council Infrastructure
Monetary contributions shall be paid to Council towards the cost of providing and/or upgrading various infrastructure at the rates applicable at the time of payment.  An estimate only of the contribution amounts under the current Council policies and requirements is outlined in the table below:

Contribution Required For:	Amount
PSP12 – Public Open Space Contributions (Park)	$956.00
Local Roadworks Contributions (Additional road reserve land provided in lieu under condition 7)	$0.00
TOTAL Contribution Amount =	$956.00
Please note - these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from June 2015 until the date of payment.
All contributions must be paid prior to Council endorsement of the plan of survey.
General
A suitably qualified Registered Professional Engineer of Queensland shall certify engineering drawings and specifications for all engineering works, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle 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.

REFERRAL AGENCY CONDITIONS

The referral agencies applicable to this application are:
Referral Trigger	Referral Status	Referral Agency	Referral Address
Vegetation	Concurrence	Department of Environment & Resource Management	27 O’Connell Street Locked Bag 383 GYMPIE  QLD  4570

APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following tables:

Approved Plans
Plan No.	Rev.	Plan Name	Date
242001-SK1		Revised House Site Location -  Cardno	2/12/2010

PLANS/DOCUMENTS REQUIRING AMENDMENT

Not Applicable

ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of approval:
For the purpose of the conditions of this permit, 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 engineer who is registered with the board of Professional Engineers of Queensland.
1.3.	The person acting on this permit means any person or company who undertakes development pursuant to this permit.
The applicant is advised that development contributions and infrastructure charges applicable to this development approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development	Approved Development
Existing Use Class / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Rural	1 Lot – 1 Dwelling	Rural	2 Lots – 2 dwellings
The applicant is informed that payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit or for infrastructure charge notices issued separately.
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.
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.

PROPERTY NOTES

The following property notes will be placed against the subject property in Council’s property record system:
The Applicant is advised that the following or a similar property notation shall be placed on the Council’s rates records for Lot 1 and Lot 2 to advise prospective purchasers of Council's requirements regarding effluent disposal:-
“The property is in an unsewered area. You are advised that the preliminary investigation for this site indicated that a secondary wastewater treatment plant may be required. Effluent shall be disposed of on-site in accordance with Council’s policy for on-site wastewater disposal current at the time of Building Works. A detailed site assessment and effluent land application design will be required to be submitted to Council at the time of an application for a Development Permit for Building Works or modifications to the effluent disposal system.”
“No connection is available to town water supply.”
“This property is accessed by a gravel road. Bitumen sealing may not be planned for some time, if at all. For detail on any future upgrading plans for this road, please contact SCRC’s – Tewantin Office Works Directorate – Phone 54495333.”
And the following property notation will be placed on Council’s rate records for Lot 1:
“A Bushfire Management Plan exists for this property. A copy may be obtained from SCRC’s-Tewantin Office – Phone 54495261. ”
‘‘Currently the property is not connected to the electricity grid. A renewable energy source (i.e. solar) is likely to be the most feasible option to provide power to the property.’

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

FURTHER DEVELOPMENT PERMITS REQUIRED

Type of Development Permit required	Subject of the required Development Permit
Development Permit for Operational Works	The application may combine any or all of these classes of work:- Access Driveway and Turning Area for Fire Fighting Trucks and Appliances. Roadworks (Passing Lanes). Erosion & Sediment Control

SELF ASSESSABLE CODES

Not Applicable

SUBMISSIONS

Not Applicable

REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable

RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

Yours faithfully

Jack Lewis
DEVELOPMENT PLANNER

DECISION NOTICE HISTORY 2008/750 - Original Decision Notice: 1 September 2009 152008.750.2 - Change to an Existing Approval:  23 December 2011 152008.750.3 - Change to Existing Approval – 3 September 2015

Encl. 	Infrastructure Charges Notice
Appeal Rights

cc   	DGLIP
[email protected]

Unitywater
[email protected]

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 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.

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au

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