Changes to Decision Notice

Officer:	Glen Conforti
Direct Telephone:	07 53296241
Our Reference:	132007.1779.01
Your Reference:	PL3420
28 September 2015

Wolter Consulting Group Pty Ltd
PO Box 436
NEW FARM  QLD  4005

Dear Sir

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval 17 June 2011. On 24 September 2015, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	132008.1779.01
Street Address:	30 Beach Road Noosa North Shore Qld  4565
Real Property Description:	Lot 2 SP 186169
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 17 June 2011 decided to issue the following type of approval:
Preliminary Approval for a Material Change of Use – Visitor Accommodation Type 4, Stage 3A sub stage (ii) (20 Guest Lodges).
In relation to the request to make a change to the existing approval, Council on 24 September 2015 decided to:
A.	Approve a change to the preliminary approval.
B.	Approve a change to condition 4.
relevant period of approval
The relevant period for this development approval is identified in the Assessment Manager conditions.
ASSESSMENT MANAGER CONDITIONS
This Preliminary Approval is subject to compliance with the following assessment manager conditions:
Planning Assessment
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 and annotations on the plans.
Plan No.	Rev.	Plan Name – Prepared by	Date
Drawing 2 of 3	SK	NNS South West ‘Retreats’ Vegetation Management Plan 02 - Terrain Consultants	April 2007
C1384-01-A		Construction Access Zone Plan, Stage 2 Beach Road Retreats – Wolter Consulting Group	19 November 2010
UD05	B	Visitor Accommodation South West – Deicke Richards	13 October 2008
DD02	2	Retreats master Plan - Gall & Medek	18 June 2008
DD20	1	Retreat Type A, Floor Plan - Gall & Medek	18 June 2008
DD21	2	Retreat Type A, Roof Plan - Gall & Medek	18 June 2008
DD22	2	Retreat Type A, Side Elevation - Gall & Medek	18 June 2008
DD23	1	Retreat Type A, End (entry) Elevation - Gall & Medek	18 June 2008
DD24	1	Retreat Type B, Floor Plan - Gall & Medek	18 June 2008
DD25	1	Retreat Type B, Roof Plan - Gall & Medek	18 June 2008
DD26	1	Retreat Type B, Side Elevation - Gall & Medek	18 June 2008
DD27	2	Retreat Type B, Section - Gall & Medek	18 June 2008
DD28	4	Retreat Type C, Floor Plan  - Gall & Medek	18 June 2008
DD29	1	Retreat Type C, Roof Plan - Gall & Medek	18 June 2008
DD30	1	Retreat Type C, End Elevation - Gall & Medek	18 June 2008
DD31	1	Retreat Type C, Side Elevation - Gall & Medek	18 June 2008
DD32	4	Retreat Type D, Floor Plan - Gall & Medek	18 June 2008
DD33	1	Retreat Type D, Roof Plan - Gall & Medek	18 June 2008
DD34	1	Retreat Type D, Side Elevation - Gall & Medek	18 June 2008
DD35	5	Retreat Type E, Floor Plan - Gall & Medek	18 June 2008
DD36	2	Retreat Type E, Roof Plan - Gall & Medek	18 June 2008
DD37	2	Retreat Type E, Side Elevation - Gall & Medek	18 June 2008
DD38	2	Retreat Type E, End Elevation - Gall & Medek	18 June 2008
Prior to the commencement of the use, the applicant is required to submit a further code assessable application for a Development Permit for a Material Change of Use of Premises complying with the conditions of this Preliminary Approval.
Development undertaken in accordance with this approval must comply with the Noosa North Shore Eco-Tourism Portal Development Code dated 7 March 2006 and as amended 10 May 2007.
The Preliminary Approval for a Material Change of Use of premises lapses on the 6 June 2017 if the total development is not complete by that date, unless otherwise extended by Council.
The future car parking areas identified on the approved plans are not subject to this approval.
All vegetation shall be retained, and the landscape rehabilitated and restored in accordance with approved Conservation Precinct and Ecological Restoration Technical Reports pursuant to the Noosa North Shore Eco-Tourism Portal Development Code, and include at a minimum:-
The retention of significant trees and the rehabilitation and restoration of the landscape within the Construction Access Zone as identified by the Arborist Report of Significant Trees Rev B dated October 2007 prepared by Terrain Consultants and shown on Vegetation Management Plan 02 50645 Dwg 2 Issue SK, dated April 2007 prepared by Terrain Consultants;
The retention of all vegetation and the rehabilitation and restoration of the landscape outside of the Construction Access Zone as shown on Construction Access Zone Plan, Stage 2 Beach Road Retreats C1384-01-A dated 19 November 2010 prepared by Wolter Consulting Group; and
The retention of all vegetation and the rehabilitation and restoration of the landscape within the 20 metre Landscape Buffer Zones and 20 metre Fire Buffer Zones within the site in accordance with the Structure Plan of the Noosa North Shore Eco Tourism Portal Development Code, excluding any vegetation permitted for removal in accordance with Condition 4.2.
Details of vegetation to be retained and the landscape rehabilitation and restoration works shall be detailed in an application for Operational Works – Landscaping (Rehabilitation and Restoration).
Clearing of vegetation shall be in accordance with an Environmental Management Plan and Fire Management Technical Report pursuant to the Noosa North Shore Eco-Tourism Portal Development Code and may include:-
the clearing of vegetation other than significant trees within the Construction Access Zones as identified by the Construction Access Zone as shown on Construction Access Zone Plan, Stage 2 Beach Road Retreats C1384-01-A dated 19 November 2010 prepared by Wolter Consulting Group;
the clearing of significant trees as identified by the Vegetation Management Plan 02 50645 Dwg 2 Issue SK dated April 2007 prepared by Terrain Consultants; and
the clearing of understorey vegetation, selective clearing of dead trees and a 5m wide cleared fire trail, with passing bays in the Fire Buffer Zone as identified on the Vegetation Management Plan 02 50645 Dwg 2 Issue SK dated April 2007, prepared by Terrain Consultants and the Fire Management Technical Report.
Prior to the issue of a Development Permit for a Material Change of Use, the centre point of the building locations shall be pegged and the trees tagged and numbered as per the Arborist Report of Significant Trees prepared by Terrain Consultants and dated October 2007. A site inspection shall be arranged with Council Officers to ensure building locations do not compromise the health of nearby trees.
Prior to the commencement of any works, access exclusion fences or similar protective measures shall be erected around the perimeter of the Construction Access Zones as identified on the Construction Access Zone Plan, Stage 2 Beach Road Retreats C1384-01-A dated 19 November 2010 prepared by Wolter Consulting Group and Conservation Precinct in accordance with the Structure Plan of the Noosa North Shore Eco Tourism Portal Development Code.
Guest Lodges shall not be fully self-contained in accordance with the use definition under the Noosa North Shore Eco-Tourism Portal Development Code.
The Guest Lodges shall be for short term visitor accommodation only, with no person permitted to occupy the Guest Lodges for the purposes of permanent accommodation in accordance with the Noosa North Eco-Tourism Portal Development Code.
The Community Management Statement shall include provisions making specific reference to this approval and in particular the permitted use of the Guest Lodges; and the measures contained in approved Technical Reports and Environmental Management Plan that manage the potential threat of bushfire; maintain sewer and water infrastructure; and ensure the protection of the environmental values of the site.
A verification survey of the Guest Lodges is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of work confirming compliance with the maximum allowable building height of one storey and 6 metres above natural and finished ground levels.
Advertising signage shall be designed and sited in accordance with the Noosa North Shore Eco-Tourism Portal Development Code. Plans of the proposed advertising signage shall be submitted with an application for Operational Works.
Plantation timbers shall be used in all buildings in accordance with Overall Outcome OO8b), with all external colours to be muted earth tones drawn from the natural setting of the site pursuant to Overall Outcome OO5c) of the Noosa North Shore Eco-Tourism Portal Development Code.
All Guest Lodges shall incorporate water sensitive design including consistency with AS1547:2000 Appendix 4.2D and Overall Outcome 008c) of the Noosa North Shore Eco-Tourism Portal Development Code.
Renewable resources and low energy consumption principles shall provide a minimum of 50% of the Guest Lodges power, cooking and heating needs in accordance with Overall Outcome OO8d) of the Noosa North Shore Eco-Tourism Portal Development Code.
All open windows of the Guest Lodges shall be screened to reduce the impact of biting insects in accordance with Overall Outcome OO8f) of the Noosa North Shore Eco-Tourism Portal Development Code.
A minimum of one Guest Lodge shall have full wheelchair access in accordance with Overall Outcome OO9b) of the Noosa North Shore Eco-Tourism Portal Development Code.
A minimum of one covered parking space shall be provided for each Guest Lodge in accordance with Overall Outcome OO12a)ii) of the Noosa North Shore Eco-Tourism Portal Development Code.
A network of pedestrian and bikeways shall be provided in accordance with Overall Outcome OO13a) of the Noosa North Shore Eco-Tourism Portal Development Code.  A plan of this network shall be submitted for assessment with an application for Operational Works.
A minimum of 20 bicycles shall be made available for development in the West Development Zone in accordance with Overall Outcome OO13b) of the Noosa North Shore Eco-Tourism Portal Development Code.
A fully accessible shuttle facility operating as a free service available to the general public and servicing the development on Lot 2 RP 135678 and the Eco-cabins, Village Green Recreation Centre in the East Development Zone and Guest Lodges in the West Development Zone shall be provided in accordance with Overall Outcome OO13d) of the Noosa North Shore Eco-Tourism Portal Development Code.  A timetable for the shuttle bus servicing the West Development Zone shall be provided with the application for Operational Works.
Apart from emergency or service vehicles, there shall be no access to the Conservation Precinct from the West Development, pursuant to the Noosa North Shore Eco-Tourism Portal Development Code.
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.
Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 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 developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for Building Works.
Operational Works Assessment Branch
Vehicle Access
A vehicular access driveway to serve the development shall be constructed from the Beach Road frontage of the site with a maximum width of 6.0m.
Vehicle access to the development shall be undertaken in accordance with the Traffic Management Plan. The Traffic Management Plan for the development shall be submitted to Council as part of any application for Operational Works approval.
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, Council will require that the driveway be removed and reconstructed to levels that do comply.
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 AS2890.1, 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.
The internal access road and other lesser driveways shall be designed and constructed to alignments that protect existing vegetation where practicable and with suitable minimum widths and passing opportunities where necessary. The alignment and widths of the internal access road and lesser driveways shall be clearly shown on plans submitted for Operational Works approval.
Should any clearing be required for the construction of the internal driveways the trees to be removed shall be clearly marked on site and a joint inspection undertaken with a  Council Officer prior to the commencement of any clearing works.
All vehicles shall enter and leave the site in a forward direction.
Car Parking
Carparking shall be provided within the site generally as shown on drawing number C1384-01-A dated 19 November 2010 by Wolter Consulting Group except as modified herein.
A minimum of 20 covered carpark spaces shall be provided on site, including 1 clearly defined disabled carpark space.
The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user class 1A 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 2.2m.
Turning areas shall be provided within the internal driveways or adjacent to the “retreat” buildings to enable vehicles to exit the “retreat” buildings in a forward gear. The extent of the turning area shall be clearly shown on any plans submitted for Operational Works approval.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
Stormwater Management
The applicant shall use permeable surfaces for low turnover parking areas, low use access ways and shall investigate the possibility of reducing impermeable surfaces throughout the Stage in accordance with OO11b).
Detailed drawings shall be submitted with the Operational Works Application demonstrating that the access ways, driveways and parking surfaces are designed to maintain existing drainage patterns and avoid concentrating stormwater flows.
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 prior to obtaining a Development Permit for Operational Works.
Management Plans
The applicant shall submit reports for the relevant stage in accordance with the Environmental Management Strategy as outlined in Section 6 of the NNSETP Code, unless previously approved by Council for all stages. These reports shall be submitted for approval in conjunction with Operational Works application for the relevant stage.
A Construction Management Plan addressing all construction phases of the relevant stage shall be prepared by a suitably qualified person and submitted to Council for approval prior to obtaining a Development Permit for Operational Works. The plan should aim to address every foreseeable problem eg: movements of excavation and construction machinery, building material deliveries, stockpiling of materials etc that is likely to occur during the construction process of the relevant stage and include recommendations on how these can be overcome or minimised.
General
For the following classes of work associated with development, a Development Permit for Operational Works must be obtained prior to commencement of works relating to that class of work.  The application may combine any or all of these classes of work:-
Access and/or Carparking.
Site Civil Works.
Roadworks.
Stormwater Drainage.
Landscaping.
Erosion & Sediment Control
Digital detailed designs including drawings, calculations, etc shall be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works. The design shall be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
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.
Hydrology
Prior to the issue of a Material Change of Use for Stage 3A substage (ii)  of the western development, the following must occur:
A MUSIC model must be submitted for a stormwater treatment design that demonstrates that the development can achieve compliance with the Noosa Northshore Eco-Tourism Portal Development Code - Environmental Management Plan – Element 4 Stormwater, Erosion and Sediment Control - Objectives 1 and 2.  Stormwater must be outlet to a legal point of discharge.
Compliance with Conditions 44, 45, 45.1, 45.4, 45.10, and 46 of 23537DA must be demonstrated.
The development must comply with all requirements of 23537DA.
The development must comply with all requirements of the Noosa Northshore Eco-Tourism Portal Development Code.
Environmental Health
Potable drinking water to all sinks, taps and showers is to meet the National Health & Medical Research Council Australian Drinking Water Guidelines. Prior to the commencement of use, certification shall be provided to Council prepared by a suitably qualified RPEQ Engineer, to certify that the development is provided with a safe, continuous and adequate supply of potable water in accordance with this condition.
Where a complaint (other than a frivolous or vexatious complaint) is made to the Sunshine Coast Council about potable water quality at the development site, water must be treated to a potable standard in accordance with the above condition and analysed by an approved lab as directed by Sunshine Coast Council.
Waste storage and disposal facilities must be provided for the development 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 wash down area is required with a cold-water tap, hose and drain outlet connected to septic system or approved absorption trench.  The drain outlet is to be designed to prevent stormwater entry to the absorption trench.
Refuse containers must be provided for premises in accordance with the requirements of the Environmental Protection (Waste Management) Regulation 2000, for the storage and collection of refuse.
The development must allow refuse-loading areas to be located off street.  All vehicles associated with the collection of waste/recyclables, shall enter and leave the site in a forward direction.
A Waste Management Plan (Operational) in accordance with the Noosa North Shore Eco-Tourism Portal Development must be submitted for the day-to-day operations and approved by Council’s Environment and Landscape Assessment Unit prior to issue of development permit for operational works.
A Waste Management Plan (Demolition/Construction) in accordance with the Noosa North Shore Eco-Tourism Portal Development Code shall be submitted for the demolition and construction phases of the development and approved by Council’s Environment and Landscape Assessment Unit prior to the issue of the development permit for operational works.
Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc) shall comply with the following requirements:
The equipment shall be enclosed, shielded and/or positioned in a manner that prevents excessive noise as defined in Council’s Local Law No. 12 - Control of Nuisances.
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.
Noise from building works associated with residential development shall comply with the following –
9.1.	 Limited to between 7:00am to 5 :00pm Monday to Saturday.
9.2.	 All reasonable measures must be taken to minimise noise emissions.
9.3.	 Not permitted on Sunday or public holidays.
Prior to the use commencing certification must be submitted to Council from an appropriately qualified acoustic consultant which certifies that the limits specified in condition 8 have been met.
Lighting devices to be installed on the site, i.e. security lights etc, are to be appropriately designed, sited, installed and tested to be in accordance with Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting”. Prior to the use commencing, certification shall be provided to Council from a RPEQ certified Electrical Engineer, to demonstrate that the above requirements have been met.
All rainwater tanks must be constructed with mosquito proof screens (made from either brass, copper, aluminum or stainless steel), and constructed with a mesh size of no more than 1mm, and must be installed in a way that does not accelerate corrosion. Tanks that contain flap valves must be installed so that when closed, mosquitoes cannot pass through the valve.
Sewer Infrastructure
The internal sewerage reticulation system, including pump stations shall be constructed to the Standards and Requirements as detailed in the Plumbing and Drainage Act 2002.
The internal sewerage reticulation system shall be designated as “private sewers” with all operations and maintenance requirements the responsibility of the property owner/body corporate.
Sewer house connection drains shall be located within the disturbance area for the driveway if practicable.
Occupation of the “retreat” buildings and/or any other building shall not commence until such time as the sewerage system is fully operational and connected to a permanent sewerage treatment facility and disposal area as approved by the EPA.
Water Supply
Water supply infrastructure for the development shall be designed to ensure consistency with OO8c), OO15, Section 6.4 and Schedule F – 9.6.10 of the NNSETP Code.
Infrastructure Policy Branch
Roadworks Contributions (Local Road Network)
In accordance with the "Noosa North Shore Eco-Tourism Portal Development Code", a roadworks contribution of $16,697 towards the upgrading of Moorindil Street shall be paid to the Council prior to the commencement of the use of any part of Stage Three. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from March 2011 until the date of payment.
referral agency conditions
Referral Trigger	Referral Status	Referral Agency	Referral Address
Site contains assessable vegetation	Concurrence	Department of Natural Resources and Water	PO Box 573 NAMBOUR  QLD  4560
Site is within a 100 metre of a wetland	Advice	Environmental Protection Agency	Ecoaccess Customer Service Unit, PO Box 15155,  CITY EAST  QLD  4002
A copy of any referral agency conditions is attached.
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 – Prepared by	Date
Drawing 2 of 3	SK	NNS South West ‘Retreats’ Vegetation Management Plan 02 - Terrain Consultants	April 2007
C1384-01-A		Construction Access Zone Plan, Stage 2 Beach Road Retreats – Wolter Consulting Group	19 November 2010
UD05	B	Visitor Accommodation South West – Deicke Richards	13 October 2008
DD02	2	Retreats master Plan - Gall & Medek	18 June 2008
DD20	1	Retreat Type A, Floor Plan - Gall & Medek	18 June 2008
DD21	2	Retreat Type A, Roof Plan - Gall & Medek	18 June 2008
DD22	2	Retreat Type A, Side Elevation - Gall & Medek	18 June 2008
DD23	1	Retreat Type A, End (entry) Elevation - Gall & Medek	18 June 2008
DD24	1	Retreat Type B, Floor Plan - Gall & Medek	18 June 2008
DD25	1	Retreat Type B, Roof Plan - Gall & Medek	18 June 2008
DD26	1	Retreat Type B, Side Elevation - Gall & Medek	18 June 2008
DD27	2	Retreat Type B, Section - Gall & Medek	18 June 2008
DD28	4	Retreat Type C, Floor Plan  - Gall & Medek	18 June 2008
DD29	1	Retreat Type C, Roof Plan - Gall & Medek	18 June 2008
DD30	1	Retreat Type C, End Elevation - Gall & Medek	18 June 2008
DD31	1	Retreat Type C, Side Elevation - Gall & Medek	18 June 2008
DD32	4	Retreat Type D, Floor Plan - Gall & Medek	18 June 2008
DD33	1	Retreat Type D, Roof Plan - Gall & Medek	18 June 2008
DD34	1	Retreat Type D, Side Elevation - Gall & Medek	18 June 2008
DD35	5	Retreat Type E, Floor Plan - Gall & Medek	18 June 2008
DD36	2	Retreat Type E, Roof Plan - Gall & Medek	18 June 2008
DD37	2	Retreat Type E, Side Elevation - Gall & Medek	18 June 2008
DD38	2	Retreat Type E, End Elevation - Gall & Medek	18 June 2008

Approved Documents
Document No.	Rev.	Document Name	Date
	B	Arborists Report of Significant Trees – Terrain Consultants	October 2007
advisory notes
These Advisory Notes do not form part of this approval or the conditions attached thereto.  The following Advisory Notes are intended to provide guidance to the applicant where necessary and inform the applicant of actions that Council may take with respect to the development site or the approval:

Development Plans
The proposed layout and number of retreats may be required to be amended pending the results of the Stormwater Treatment Design.
Infrastructure Charges
Deleted.
Environmental Health
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks and construction phases of this development, are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm. Environmental harm is defined by the Act as any adverse affect, or potential adverse affect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance.  Therefore, no person should cause any interference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste 	products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the administering authority to cause undue disturbance or annoyance to persons or affect property not connected with the use.
In accordance with the Public Health Act 2005, rainwater tanks must be constructed with mosquito proof screens (made from either brass, copper, aluminum or stainless steel), and constructed with a mesh size of no more than 1mm, and must be installed in a way that does not accelerate corrosion. Tanks that contain flap valves must be installed so that when closed, mosquitoes cannot pass through the valve. It is unlawful under the Public Health Act 2005 to construct, install or be in possession of a tank that does not comply with these requirements.
Plumbing
The applicant is advised that a Compliance Permit for all potable water supply, recycled water, 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. Separate water supply and sewerage hydraulic drawings shall be submitted detailing all internal plumbing installations for water and sewer house drainage for approval, as part of the building application process, and in accordance with the Plumbing and Drainage Act 2002.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to address equitable access and facilities in the building:
The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2
Applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia
Any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.
Aboriginal Cultural Heritage Act 2003
6.	There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
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 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 3239 3647 to discuss any obligations under the ACH Act.
Additional Advisory Notes (24 September 2015)
Infrastructure Charges
7.	Subsequent Development Permits as required by the Preliminary Approval will trigger “Infrastructure Charges” to be assessed and issued in accordance with the charges regime and legislation current at the time of approval.
Infrastructure Agreement
8.	An Infrastructure Agreement dated 20/12/2012 is attached to the land for monetary contributions for outstanding development conditions that become payable on the next stage of development. The Infrastructure Agreement overrides condition 68 of the approval.
property notes
Not Applicable
PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
further development permits required
Development Permit for Material Change of Use of Premises (Visitor Accommodation Type 4 - Stage 3A substage (ii)).
Development Permit for Operational Work (Access and/or Carparking, Site Civil Works, Roadworks, Stormwater Drainage, Landscaping, Erosion & Sediment Control).
Development Permit for Building Work (All Building Works).
self assessable codes
Not Applicable
submissions
Not Applicable
reasons / grounds for appoval
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.

DECISION NOTICE HISTORY Original Decision Notice – 17 June 2011 Changes to an Existing Approval – 24 September 2015, with an amendment to condition 4.

Yours faithfully

Kerri Coyle
Manager, Planning & Environment

Encl. 	Approved Plans/Documents
Appeal Rights

cc	Unitywater

SARA at DSDIP
Mike Ahern Government Building
12 First Avenue
MAROOCHYDORE  QLD  4558
Online: Mydas (at www.dsdip.qld.gov.au)

	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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