SUPERSEDED Amended Decision Notice - Other Changes Decision Notice 132007.2446.03

Officer: 	Patrick Murphy
Direct Telephone: 	53296436
Our Reference:	132007.2446.03
Your Reference:	02195
20 November 2018
Tamobrojo P/L
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 15 November 2018, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	132007.2446.03
Street address:	102 & 106 Pacific Avenue, Sunshine Beach
Real property description:	Lot 163 RP 897370 & 164 RP 94566
Planning Scheme:	The Noosa Plan
DECISION DETAILS
Council on 17 August 2009 decided to issue the following type of approval:-
Development Permit for Material Change of Use - Visitor Accommodation Type 4 - Conventional (Visitor Hostel)
In relation to the request to make a change to the existing approval, Council on 17 December 2009 decided to:
A. 	Approve a change to the development approval with changes to Conditions 1, 16.3, 46 and Advisory Note 2.
B. 	Include additional conditions 60, 61, 62 & 63.
C. 	Issue a Change to an Existing Approval
In relation to the request to make a change to the existing approval, Council on 15 November 2018 decided to:
A.	Include additional conditions 64 - 103
3.	reLevant period of approval
The relevant period for this Development Approval is identified in the Assessment Manager conditions.
assessment manager conditions
General
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table and may be amended by these conditions.
Plan No.	Rev.	Plan / Document Name	Date
09-801 – P7 – S1	G	Site Plan  (2 Stages) – Garry Wilbraham Designs	11/11/2009
07-011 - P4.10	B	Rendered Views – Garry Wilbraham Designs	17/09/2008
07-011 - P4.11	B	Rendered Views – Garry Wilbraham Designs	17/09/2008
09-801 – P2 – S3	G	Upper Floor Plan – Garry Wilbraham Designs	10/11/2009
09-801 – P2 – S2	G	Lower Floor Plan – Garry Wilbraham Designs	10/11/2009
07-011 – P3 – S1	B	Elevations – Elevation 1 – Garry Wilbraham Designs	11/09/2008
07-011 – P3 – S2	C	Elevations – Elevation 2 – Garry Wilbraham Designs	11/06/2009
07-011 – P1 – S2	C	Site Parking – Garry Wilbraham Designs	16/04/2009
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.
The premises are to be identified by the provision of a street number in a prominent location to ensure it is identifiable to all persons, particularly emergency services personnel.
Alcohol shall not be sold on the premises.
Amplified music must not be audible at the boundaries of the site between 10pm and 7am.
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for Building Works.
Building Design
External lighting associated with the use shall be designed, installed, operated and maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
Additional timber screening shall be incorporated across the northwestern section of the Block A patio to a minimum height of 1.8m high in order to reduce overlooking to the neighbouring property to the north.
Energy Efficiency
All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
All new kitchen, laundry and bathroom fittings shall comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labeling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1), with toilets to comply with the AAA Water Conservation Rating System.  All new tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this requirement.
End of Trip Facilities
Secure bicycle racks shall be provided on site to accommodate a minimum of 12 bicycles.  The proposed bicycle racks shall be identified on the landscaping plans and shall be located to the reasonable satisfaction of Council.
Advertising Signage
Any advertising sign or device is to comply with Council's policies on advertising.
All signage and entrance statements are to be located entirely within privately owned land.
Fencing
All fencing shall be setback at least 1 metre from the front property boundary, with at least half of the fencing setback 2 metres. The area of land between the fence and the front property boundary shall be densely landscaped to screen any fencing from the street.
Any fencing shall be of timber construction or, where metal, concrete or masonry materials are used, shall include timber koala poles of at least 200mm diameter at minimum centres of 10m to allow for the movement of koalas across the site.
Landscaping
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter. The Landscape Plan shall include at a minimum:
Dense screening vegetation is to be provided within the front setback which will be suitable for planting under power lines in coastal areas.
Native screening vegetation a minimum of 1m in width, shall be provided between buildings as well as along the side and rear boundaries.
Existing koala habitat trees located along the southern property boundary are to be retained, where practical. If the retention of any of the subject trees is not possible, the applicant is to replant 2 x 45 litre trees along the southern boundary of either Angophora, Corymbia, Eucalyptus, Lophostemon and/or Melaleuca species.
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.
Security Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for operational 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.
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.
Relevant Period
The Development Permit for a material change of use of premises lapses if the use has not happened by 17 August 2013, unless an application to extend the relevant period is approved by Council.
Frontage Works
Footpath improvements such as topsoiling, grassing, and tree planting are required to the frontage of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.  Grass shall be couch, free of weeds.
The applicant shall be responsible for providing an edge-of-road yellow line marking between the proposed Entry and Exit driveways from the site to indicate “No Parking” area.  The line marking shall be provided in accordance with Manual of Uniform Traffic Control Devices (MUTCD) Part 3 and shall be indicated on the plans submitted for Development Permit for Operational Works.
All paths, ramps, driveways and parking areas shall be designed and constructed to ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit.
The applicant shall replace the existing length of the kerb line between the proposed driveways (Entry and Exit).
Roof Water & Stormwater Drainage
Roof runoff from any new building shall be directed to a rainwater storage system or tank that is installed to ensure water from the rainwater storage system or tank is used for external uses (such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools, outdoor cleaning, etc) and for internal (ground floor) use in washing machine cold taps and toilet cisterns. All rainwater tanks are to be designed and installed in accordance with the Queensland Development Code (QDC) current at the time of building approval, and shall be part of the plumbing application for approval.  The location and capacity of the tanks shall be clearly shown on the plans submitted for Building Works and Operational Works approval and any overflow shall be directed to the road frontage/the stormwater drainage system/etc located in Pacific Avenue.
All stormwater drainage (including roof water overflow from the rainwater storage system) shall be collected and discharged so there is no net increase in stormwater runoff from the site.  Stormwater drainage permitted to drain from the site shall be discharged into Council’s existing drainage structure (drainage pit at the frontage of the site in Pacific Avenue).  Plans of the drainage design shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
The applicant shall ensure that the development will not adversely impact on the drainage conditions on other properties.  As the there will be significant filling and a potential for obstruction to the natural stormwater runoff from adjoining properties, where applicable appropriate stormwater drainage pipes shall be installed within the site to collect and discharge stormwater runoff from adjoining properties to prevent additional ponding/flooding on other properties or diversion of stormwater runoff onto other properties.  A Development Permit for Operational Works shall be required.
To ensure that polluted run-off does not enter Council’s stormwater drainage system, stormwater run-off from the carparking areas and the driveways shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor/gross pollutant trap provided on site prior to being permitted to discharge into Council’s drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor/gross pollutant trap. To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors/gross pollutant trap, which shall be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the on going maintenance scheme for the development and a copy of this shall be provided for Council’s records prior to commencement of the approved Use. 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.
All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in accordance with Council’s standards and requirements at no cost to Council.
The existing sewer main that traverses the site and the sewer main that runs in the adjoining property at the rear of the site and the ‘zone of influence’ (taken as the area within a 45-degree angle measured from the invert of the sewer main to the finished surface level) shall be accurately located and determined by a licensed Surveyor and shown on all plans submitted for Operational Works approval.
To ensure Council’s sewer main is accessible for maintenance purposes and is protected from risk of damage no structures requiring a building permit (eg. buildings, swimming pools, retaining walls exceeding 1m in height, raised terraces, etc) shall be constructed within this ‘zone of influence’ or within 1.5m of the centreline of the sewer main, whichever is the greater.  As such the applicant shall amend Operational Works plans including Building plans to ensure compliance.

Service Easements (Sewer)
A registered easement shall be created over the zone of influence of all sewers within the subject site and over those parts of the subject site that are impacted upon by sewers on any adjoining sites.  The easements shall generally be parallel to and centred over the sewer main and be equivalent in width to twice the depth to invert level of the sewer at the deepest point within the allotment (measured from the finished surface) and be no less than 3.0m wide overall.  In this regard a licensed surveyor shall accurately locate all sewer mains and determine the necessary width of the easement, which shall be shown on any plans submitted for Operational Works / Building Works approval. To this extent the surveyor shall certify that the sewer and the zone of influence is wholly contained within the easement to be created.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that the Title Deed and the easement documents will be lodged at the Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the use commencing. Any changes required by Council’s Solicitor must be corrected immediately.
No building or other structure shall be constructed or encroach over an easement.
Town Water Supply
The site shall be connected to Council’s existing town water supply and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Each individual water connection to the water reticulation system shall extend to the property boundary and be metered.  All fees for the supply of water meters shall be paid to the Council.
All water meters must be located outside the property boundary and in an easily assessable location to facilitate unhindered reading by Council and/or Council’s contracted water meter readers, and not behind fences or locked gates.  In this regard approval of the water meter configuration and location must be obtained from Council’s Water & Sewerage Capital Works Manager prior to lodgement and approval of hydraulic drawings.
Earthworks
Any filling works required on site shall be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural stormwater runoff.
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or structures that border the development site.  Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.  In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval.
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.

Vehicle Access and Car Parking
A vehicular access driveway and carparking on the site shall be constructed generally in accordance with plan titled Site-Parking numbered P1 Sheet S2 issue C dated 16/04/09 and as amended by Council in red.  A Development Permit for Operational Works shall be required.
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any step or level difference.  Should any driveways be constructed to grades that do not comply with AS/NZS 2890.1-2004 and AS 2890.2-1989, Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath must be avoided, as it is preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.  The applicant shall demonstrate compliance by illustrating these sight lines on the plans submitted for both Operational Works approval and Building Works approval.
All vehicles shall enter and leave the site in a forward direction.
The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user class 2 with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.3m.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
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 are outlined in the table below:
Contribution Required For:	Stage 1:	Stage 2:
PSP 12 – Public Open Space Contributions	$14,594	$16,455
PSP 16 - Sewerage Headworks Contributions	$17,505	$18,973
PSP 17 - Water Supply Headworks Contributions	$28,507	$31,508
PSP 20 - Pathway Trunk Network Contributions	$3,280	$3,699
TOTAL Contribution Amount =	$63,886	$70,635
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from September 2009 until the date of payment.
All contributions must be paid prior to commencement of the use.
General
A Construction Management Plan for each separate demolition and construction phase of the development shall be submitted to and approved by Council at least 5 working days prior to the commencement of any Demolition or Building works or at least 5 working days prior to the pre-start meeting for Operational Works.  The Construction Management Plan shall include but not be limited to:

Traffic control measures to ensure safety and traffic flow is maintained in Pacific Avenue;
Limiting the routes for the heavy vehicles to the major road network and prohibit the use of the local roads;
Maintaining pedestrian access and safety along the frontage of the site;
Indicate provision for on-site and off-site parking for the required workforce;
Indicate the location of loading and unloading areas,
Indicate the location of any “holding” areas for heavy vehicles;
Operating hours and
Strategy to protect Council’s existing infrastructures.
Any damage caused to any public utility (eg pipelines, drainage pits, pathways, roads etc) 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.
Refuse
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet is to be designed to prevent storm water entry to the sewerage system and this can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9  “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, must be submitted for the day-to-day operation of the development and approved by Council’s Health Section prior to issue of development permit for operational works.
It is critical that waste areas are properly planned. A copy of Planning Scheme Policy No. 9 explaining exactly how to predict waste quantities and design waste areas is available from Council and the web. The Plan shall include the following information: -
The types of waste that will be generated from the activities approved within the development.
Estimated volumes or tonnage of both recyclables and waste generated.
Methods to be used for dealing with garden waste.
Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.
Description of procedures for getting all waste to the bins; the storage of bins and the collection of bins by the contractor.
A description of the design details of waste storage and recycling areas including size, location, elevation and floor plan, methods of bin washing and system to prevent storm water getting into sewer via the bin wash.
A description of types and volume of waste storage containers to be used.
The waste and recycling storage area shall include the provision of containers for all waste and recycling materials including putresable matter, non-recycling waste, paper/ cardboard, glass, aluminum/steel cans, waste oil, styrofoam boxes, etc, and bin washing facilities connected to sewer.
A detailed description of vehicular access to collect waste.  Where collection is off street, access must allow vehicles to enter and leave the site in a forward direction.
A Waste Management Plan (construction and demolition) shall be submitted prior to demolition, removal or relocation of any building other than a shed
Waste Management Plans (construction and demolition) are required to be submitted in accordance with Planning Scheme Policy 11, Waste Management Plans see table below.
Waste storage areas are to provide for adequate separation of all reusable, recyclable and waste materials. These shall be located so that they are convenient and safe to use. (Refer to Noosa Council Waste Management Code)
The Plan shall contain the following information:
The site area for the storage and separation of waste is to be shown on the plan drawings accompanying the application.
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed.
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume (m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Additionally Council rewards those who segregate waste by significantly reducing disposal fees at the landfill some items are free. Higher gate fees are charged for loads of mixed waste.
Noise
Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc) shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in accordance with Council’s Local Law No. 12 - Control of Nuisances.  Infringement Notices (on-the-spot fines) may apply for offences.
A person must not use equipment on any day if it makes or causes noise to be made - From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level
No audible noise for pool pumps apply during these hours.
From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
Submission of written certification from a suitably qualified person confirming that the noise levels from all mechanical equipment comply with the cause above when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.  This assessment must take into account noise from any other fixed equipment on the property e.g. swimming pool pump, heating/cooling equipment, etc that may increase the overall noise level emitted.
Advice: It is highly recommended that the person you engage to certify the installation Is involved at the plan development stage so they can recommend where this equipment is best located. They can also advise about noise enclosures and can make other suggestions to avoid noise problems.  It is a lot more costly to try and deal with noise problems after everything is built.
All noise controlled measures set out in the Environmental Noise Level Study for Proposed Residential Budget Accommodation – Development, 102 Pacific Avenue, Sunshine Beach (Report No: R09043/02260/Rev.0/23.04.09) shall be incorporated into the development.
Written certification shall be submitted from an Acoustic Consultant after completion of works confirming that these noise control measures have been incorporated into the development.
All external facing windows to the south east and north east elevations of the buildings shall be double glazed (or equivalent sound suppressant construction approved by Council), so as to minimise the impacts of sound emanating from the development.
Noise from building works associated with residential development shall comply with the following –
Limited to between 7:00am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays
Additional Conditions – 17 December 2009
Prior to the commencement of the use of each stage of development, the required contributions shall be paid to Council.
All access, carparking, stormwater, landscaping, frontage works, water and sewer works are to be constructed prior to the commencement of the use of stage 1.
Stage 2 is to be constructed within 4 years of the use of stage 1 commencing.
Suitable dense screening vegetation is to be provided around the building pad of stage 2. A temporary landscaping plan is to be submitted and approved by Council prior to the commencement of the use of stage 1.
Additional Conditions – 15 November 2018
When Conditions must be Complied With
64.	Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
65.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
18101-01	P	Site Plan, by PJ concepts and design	09.07.2018
18101-02	P	Landscape Plan, by PJ concepts and design	09.07.2018
18101-03	P	Floor Plan – Lot 106, by PJ concepts and design	09.07.2018
18101-04	P	Elevations –Sheet 1, by PJ concepts and design	09.07.2018
		Noise barrier plan	
Nature and Extent of Approved Use
66.	An additional 21 beds are approved for the Visitor Accommodation Type 4 – Conventional (visitor hostel). The total number of beds approved are 69 and one manager’s unit.
67.	The approved accommodation units must be used for short term visitors only. The approved units must not be occupied by persons for the purpose of permanent accommodation.
68.	Amplified music must not be audible at the boundaries of the site between 10pm and 7am.
Landscaping
69.	The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval, the Planning Scheme Policy 3 Landscaping Plants and Guidelines for Sunshine Beach and must include in particular:
a.	the works generally shown on the approved site plan including:
i.	A minimum 1.0 metre wide landscaping strip along the northern side boundary of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items designed such that vegetated screening will be provided within 3 years of the plantings occurring.
ii.	A minimum 2.0 metre wide landscaping strip along the full extent of the eastern boundary designed such that vegetated screening will be provided within 3 years of the plantings occurring.
iii.	Vegetated screening of any electrical transformers, bin storage areas and the like from the road frontage
iv. 	Provision of 1 street tree within the road reserve for every 8 metres of road frontage including landscaping to the crossover works
v.	Trees on the northern boundary must be retained to provide visual screening of the development. Where civil works impact on the capacity to retain the tree, the tree may be removed and replaced with a tree of a minimum pot sized 100 litres.
70.	All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Performance Bond
71.	Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational 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. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Water & Sewer Connections
72.	An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
73.	A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Building Appearance
74.	All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
75.	All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Advertising Devices
76.	Advertising devices must comply with the requirements of the Advertising Devices Code.
77.	Construction signage, including that on hoardings, shade cloth and cranes but not including statutory safety signage, shall not exceed a total of 4m2 to each of the site’s street frontages.
Fencing and Walls
78.	Any street fencing must be setback an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
a.	not exceed a maximum height of 1.2m
b.	be of open construction.
79.	The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
80.	Each rooming unit must be provided with access to an outdoor clothes line which is screened from public view.
Protection of Privacy
81.	To ensure privacy is protected between adjoining properties, any window/s, deck or the like that overlooks or has the potential to overlook the private open space or habitable room windows of neighbouring properties must either:
a.	have a minimum window sill height or 1.5 metres above floor level
b.	be fitted with translucent glazing
c.	be fitted with a fixed external screen
Communal Recreation Areas
82.	Communal recreation area/s must be provided as shown on the approved plans.
Amalgamation of Lots
83.	Lot 164 on RP 94566 and Lot 163 on RP 897370 must be amalgamated prior to the commencement of use.
ENVIRONMENTAL HEALTH
Amenity
84.	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, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Noise Nuisance
85.	Noise emission from mechanical equipment shall comply with the following requirements:
a.	Air-conditioning and Refrigeration
i.	7am to 10pm: Maximum background + 5dB(A)
ii.	10pm to 7am: Maximum background + 3dB(A)
b.	Pumps
i.	7am to 7pm: Maximum background + 5dB(A)
ii.	7pm to 10pm: Maximum background + 3dB(A)
iii.	10pm to 7am: No audible noise.
86.	Submission of written certification from a suitably qualified person confirming that the noise levels from all mechanical equipment comply when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.  All equipment should be operating at the same time to test the overall noise level created.
87.	Entertainers or speakers used to amplify noise must not be located in any of the outdoor recreational areas.
88.	Prior to the use of the building situated at 106 Pacific Avenue for the purpose of visitor accommodation noise barrier fencing must be erected in accordance with the approved Noise barrier plan.
89.	Between the hours of 9pm to midnight the night manager must have the reception phone with them. From midnight the phone must be diverted to a security team response number.
90.	The courtyard of the manager’s unit situated at 106 Pacific Avenue must not be used between the hours of 9.00pm and 6.00am.
91.	The pool and associated deck area must not be used between the hours of 9.00pm and 7.00am.
Outdoor Lighting Devices
92.	Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1.
93.	Certification must be submitted to Council from a qualified person which certifies that all outdoor lighting devices comply with the requirements of this Decision Notice at the time of commissioning.
For the purpose of certifying outdoor lighting devices for the development, a qualified person is:
a.	Registered Professional Engineer of Queensland;
b.	an environmental or electrical design consultant with a minimum of 3 years current experience in the field of outdoor lighting.
WASTE
94.	The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 "Waste Management Multi-Dwellings and Commercial and Industrial Premises". The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m2) , or alternatively the waste area can be roofed, or any other design approved by Council.
95.	Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
96.	Bins must be provided throughout the site to reduce littering. All bins provided must be for refuse and recycling and be decanted into the bulk bins by the site operators.
ENGINEERING
Site Access and Driveways
97.	A sealed access driveway must be provided from Pacific Avenue to all parking and manoeuvring areas of the development. The new works proposed to access No 106 must be undertaken in accordance with an Operational Works approval and must include in particular:
a.	a driveway crossover generally in accordance with Council’s Standard Drawings RS-051 and the associated addendum
b.	the works must match neatly with existing road and verge/footpath features. Additional works beyond the driveway may be required to provide an acceptable transition to existing road and verge/footpath profiles
Car Parking
98.	A minimum of an additional 2 car parking spaces must be provided and marked on the site. The works must include dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities for the relevant user class
99.	All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
100.	Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Pedestrian and Bicycle Facilities
101.	Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular the replacement of the existing bitumen sealed path in the frontage of No. 106 Pacific Avenue with a concrete path and must extend to the existing driveway in the frontage of 108 Pacific Avenue. The new path must be the same width as the existing path.
Stormwater Drainage
102.	Stormwater runoff from the development must be connected to the existing stormwater drainage systems within the sites.
Damage to Services and Assets
103.	Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
a.	where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
b.	where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
5.	referral agency conditions
The referral agencies applicable to this application are:
Referral Trigger	Referral Status	Referral Agency	Referral Address
Nil			
6.	approved plans/documents
The approved plans and / or documents for this development approval are listed in the following table:
Plan / Document No.	Rev.	Plan / Document Name	Date
09-801 – P7 – S1	G	Site Plan  (2 Stages) – Garry Wilbraham Designs	11/11/2009
07-011 - P4.10	B	Rendered Views – Garry Wilbraham Designs	17/09/2008
07-011 - P4.11	B	Rendered Views – Garry Wilbraham Designs	17/09/2008
09-801 – P2 – S3	G	Upper Floor Plan – Garry Wilbraham Designs	10/11/2009
09-801 – P2 – S2	G	Lower Floor Plan – Garry Wilbraham Designs	10/11/2009
07-011 – P3 – S1	B	Elevations – Elevation 1 – Garry Wilbraham Designs	11/09/2008
07-011 – P3 – S2	C	Elevations – Elevation 2 – Garry Wilbraham Designs	11/06/2009
07-011 – P1 – S2	C	Site Parking – Garry Wilbraham Designs	16/04/2009
18101-01	P	Site Plan, by PJ concepts and design	09.07.2018
18101-02	P	Landscape Plan, by PJ concepts and design	09.07.2018
18101-03	P	Floor Plan – Lot 106, by PJ concepts and design	09.07.2018
18101-04	P	Elevations –Sheet 1, by PJ concepts and design	09.07.2018
		Noise barrier plan	
7.	Advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
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
Detached House	1 Dwelling	Visitor Accommodation - Type 4 - Hostel	48 beds + 1 x 1 Bedroom Manager Unit
The applicant is informed that approval of this development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan and is subject to variations in the Consumer Price Index, All Groups Brisbane from September 2009 until the date of payment.  An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997. An estimate only is outlined in the table below:
	Stage 1:	Stage 2:
Coastal Major Road Network ICP	$8,384	$10,511
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.
The applicant is advised that this development may require the provision of fire hydrants and a booster pump in accordance with the Building Code of Australia, and consultation may also be needed with Queensland Fire Services to ensure suitable fire fighting infrastructure is provided.  To this end any necessary fire hydrants shall be clearly shown on the plans submitted for both Operational Works and Building Works approval and if a booster pump is deemed necessary, the plans shall indicate where the fire truck is to be accommodated in order to provide boosting to the water supply.
Where any food premises is included in a development, the following is required:
A separate Material Change of Use Application.
Plans and application is to be made to Council’s Environmental Health Section for approval prior to any building approval, fitting out or use of the premises.
A statement indicating the purpose of the food premises, type of food sold, proposed menu and maximum number of patrons at any time, is to accompany the application for plan approval.
Construction and use of the food premises should comply with Council’s Food Premises Policy and the Food Safety Standards. (Both available from Council)
Toilets for customers and staff to be provided in accordance with Building Code of Australia.  Obtain advice from a building certifier on numbers and standards, including disable access.
Plans and approval is required for any mechanical exhaust ventilation system, which should comply with AS1668.  A certificate from the installer certifying the system complies with the Standard must be obtained and lodged with Council prior to commencement of trade.
Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must obtain a Food License from Council, prior to use of those premises.
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.
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.
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
Not applicable
preliminary approval overriding scheme
Not applicable.
Further development permits required
Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
Development Permit for Operational Works	Landscaping, car parking & access, frontage works, stormwater drainage, and erosion & sediment control
self assessable codes
The developer must comply with the following codes for self-assessable development related to the development approved under this Decision Notice:
Advertising Devices Code
SUBMISSIONS
There were (2) properly made submissions about the application. In accordance with Integrated Planning Act 1997, the name and address of the principal submitter for each properly made submission is provided and attached.
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.
other details
Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan has been triggered by the approval of this development application. An Infrastructure Charge Notice is attached in compliance with Chapter 5 of the Integrated Planning Act 1997.
Should you wish to obtain more information about Council’s decision electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices

Yours faithfully,

Patrick Murphy
Coordinator Planning

Enc:	Appeal Rights
List of Submitters
Approved Plans/Documents
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – 17 August 2009
Minor Change 132007.2446.02 – 17 December 2009  – change to conditions 1, 16, 3 and 46 and Advisory Note 2 additional conditions 60, 61, 62 & 63

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Author	Address1	Address2
Dean Brady	25A Nebula Street SUNSHINE BEACH QLD 4567	[email protected]
Luke Mckenzie	27 Nebula Street SUNSHINE BEACH QLD 4567	[email protected]
Jackie Keogh & Geoff Potter	29 Nebula Street SUNSHINE BEACH QLD 4567	[email protected]
Ann-Marie Griffin	2/45 Solway Drive SUNSHINE BEACH QLD 4567	[email protected]
Craig King & Jan Nel	25B Nebula Street SUNSHINE BEACH QLD 4567	[email protected]

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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