Change to an Existing Approval 132008.176.03

Officer:	Patrick Murphy
Direct Telephone:	5329 6473
Our Reference:	132008.176.03
Your Reference:	n/a
9 February 2017

CBD Settlers Cove Pty Ltd
Martoo Consulting
PO Box 1684
NOOSA HEADS  QLD  4567

[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 7 February 2017, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	132008.176.03
Street Address:	14 Serenity Cl NOOSA HEADS  QLD  4567
Real Property Description:	Lot 10 SP 195871 Lot 11 SP 195871
Planning Scheme:	The Noosa Plan (28 October 2016)
Decision details
Council on 8 April 2010  decided to issue the following type of approval:
Development Permit for Material Change of Use – Resort Development comprising Multiple Dwelling (109 Dwelling Units) and Accommodation Building (90 Accommodation Units) and Ancillary Facilities to be assessed against the Superseded Planning Scheme
In relation to the request to make a change to the existing approval, Council on 22 July 2013 had no objection to the request to change the Court Order and:
Agree to change Condition 35.
Include additional Condition 106.
In relation to the request to make a change to the existing approval, Council on 7 February 2017 decided to:
Agree to change Condition 35.
Agree to include additional Advisory Note 9.

relevant period of approval
The relevant period for this Development Approval is identified in the Assessment Manager conditions.
assessment manager conditions
Approved Plans
1.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are prepared by DBI Design Pty Ltd and are listed in the following table:

Plan No.	Rev.	Plan / Document Name	Date
A-SD-1.100	G	Site Plan Level 0 Basement Level Carpark	25 August 2009
A-SD-1.101	G	Site Plan Level 1 Lower Ground Level	25 August 2009
A-SD-1.102	G	Site Plan Level 2 Ground Entry Level	25 August 2009
A-SD-1.103	G	Site Plan Level 3	25 August 2009
A-SD-1.104	G	Site Plan Level 4	25 August 2009
A-SD-1.105	G	Site Plan Level 5	25 August 2009
A-SD-1.106	G	Roof Plan Level 5	25 August 2009
4.31	-	Elevations	-
4.32	-	Elevations	-
4.33	-	Elevations	-
4.34	-	Elevations	-
and as may be amended by the conditions herein.
General
2.	All relevant conditions of Development Permit 23118 DA and the approved Management Plans for the site shall be complied with prior to the commencement of the approved use.
3.	The units are to be used for short-term accommodation only and shall not be permanently occupied or permanently let.  The Community Management Statement for any Bodies Corporate associated with the accommodation units shall clearly state this requirement.
4.	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.
5.	The buildings shall be finished in natural, muted tones.  Architectural renderings demonstrating compliance shall be submitted for Council approval prior to the approval of a Development Permit for Operational Works.
6.	Any deck or balcony areas shall not be fully enclosed with shutters, glass panelling or the like, thus remaining open structures.
7.	Any rooftop plant or mechanical equipment extending more than 1 metre above the roofline shall be screened using lightweight screening materials that visually integrate with the building design.
8.	Balustrade materials visible from the street frontages shall be clear or translucent.
Amended Plans
9.	Prior to the issue of a Development Permit for Operational Works amended plans shall be submitted for Council Approval indicating:
a.	The 3rd and 4th storeys of the development shall be amended to remove the encroachment within the 10 metre setback to the Banksia Avenue frontage and at the corner of Serenity Close and Banksia Avenue.
b.	The basement car parking level adjacent the corner of Serenity Close and Banksia Avenue shall be amended to provide a minimum 6m setback to the frontage to allow for deep plantings to be established.
Building Height
10.	The finished height of the building, including any rooftop plant or structures, shall not exceed 15 metres above natural and finished ground levels.
11.	A verification survey of the building 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 as required by either the conditions of approval or the Planning Scheme.
Operating Hours & Deliveries
12.	The restaurants and bar are to operate between the hours of 6am and 12pm only.
13.	Business deliveries are to be undertaken between the hours of 6am to 7pm Monday to Saturday and 8am to 5pm Sunday only.
14.	Service vehicles shall not attend the site outside the hours of 8am to 5pm.
Vegetation
15.	Existing trees on the site and within road reserves are to be retained except where required to be removed due to building operations, requirements of the approved Settler’s Cove Management Plans or the conduct of the approved use.
16.	The Koala and Glossy Black Cockatoo habitat trees identified for retention on plan L-SD-1.01 (Rev. A) dated August 2009 by DBI Design Pty Ltd shall be retained.
17.	The existing Koala and Glossy Black Cockatoo habitat trees and any other trees within setback and open space areas to be retained must be protected.  As building works are likely to impact the trees’ root zones, a qualified Arborist (having a minimum Diploma of Arboriculture or ISA certification and a minimum of three years’ field experience) must be contracted to prepare a Tree Management and Protection plan and shall:
oversee installation of a hard temporary protection zone prior to commencement of works with ‘no go’ signage in accordance with AS 4970-2009.  All site workers must be inducted in relation to the tree protection;
supervise any works within the temporary protection zone;
undertake hazard reduction and formative pruning as necessary; &
provide certification that the trees were protected in accordance with the Arborist’s recommendations.
The Tree Management and Protection Plan Shall be presented prior to or at the pre-start meeting for the site.
The Arborist shall monitor the health and structural integrity of the trees to be retained at least monthly during the construction period and quarterly for 12 months after construction is completed.  The developer shall rectify any decline in the health or structural integrity of the trees, in accordance with the Arborist’s recommendations.
18.	Cleared vegetation is to be suitably processed by one of the following methods and removed from the site:-
Re-use for building materials.
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.
Fauna Spotter
19.	The Applicant must conform to the requirements of the Fauna Management Plan Settler’s Cove Development Pty Ltd, May 2005, (or later updated and approved versions) and implement particularly section 3.4, and section 4.2.  A fauna spotter shall be employed to oversee the removal of any native trees within the site. Prior to felling or lopping all trees are to be checked for wildlife (eg. koalas, cockatoos, possums).  If wildlife species are present, the tree shall not be felled or lopped until the wildlife has left the tree.
Landscaping
20.	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 prepared by a suitably qualifies Landscape Architect or Horticulturalist.  Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.  The Landscaping Plan shall include the following:
Koala and Glossy Black Cockatoo food trees in accordance with the associated Environmental Protection Authority (EcoAccess) approval conditions for the site and the approved Settler’s Cove Ecological Restoration Plan and Landscape Master Plan.
Locations of nesting boxes for Glossy Black Cockatoos shall be indicated on the landscape plans and installed on existing trees to be retained.
Vegetation to adequately screen and provide filtered views of the development, including as viewed from Serenity Close and Banksia Avenue, and shade hardscaped areas, with plantings to include significant canopy trees.
A minimum of twenty-five (25) native trees of a minimum bag size of 400L to replace existing trees to be removed the site’s frontage.
Street trees to the frontage of the site at appropriate centres and to provide shade to any existing pathways.
Replanting of street trees to median islands with Serenity Close where affected by the development entrance/exit works; and
Details of any proposed fencing.
Koala friendly fencing and climbing poles to retaining walls to allow access to food trees and through the site, where appropriate.
Fencing to exclude koalas from pool areas, escape measures for pools and any other identified koala friendly measures.
Fencing
21.	Any fencing provided in conjunction with the development is to be set back at least 1 metre from the road frontage with at least half of any fence set back 2 metres.  Dense landscaping is to be provided between the road frontage and any fencing.
Signage
22.	Any advertising sign or device is to comply with Council's policies on advertising.
23.	Construction signage, including that on hoardings and shade cloth but not including statutory safety signage, shall not exceed a total of 20m2 for the site.  Tower cranes shall not include advertising signage or unnecessary lighting.
Bicycle Parking
24.	Secure bicycle racks shall be provided on site to accommodate a minimum of 28 bicycles.  The cycle parking rack is to be made available for customers and staff of the retail premises at all times during business hours.
End-of-Trip Facilities
25.	End of trip facilities shall be provided for staff and shall include:
a minimum of eight (15) lockers; and
a minimum of three male and three female shower cubicles with ancillary change rooms.
Aternative Transport
26.	A shuttle bus with a minimum of 22 seats shall be provided and operated in conjunction with the resort to ferry guests to local destinations to minimise traffic impacts on the local area.  Details of the proposed operation shall be submitted for Council approval prior to the issue of a Development Permit for Operational Works.
27.	A minimum of 10 motor scooters shall be made available for use by resort guests, the provision of which may be via a service agreement with a hire company
Energy & Water Efficiency
28.	All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
29.	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 Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), or current equivalent standards as may apply, with toilets to comply with the AAAA 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.
Community Management Statement Requirements
30.	The Developer and all future owners of the site shall comply with the Environmental Management Plan (EMP) for Settlers Cove Development 23118 DA and compliance with the EMP shall be referenced in any community management statement over the site.
31.	The Fire Management Plan is to be implemented by the Developer and future owners of the site and is to be referenced in any community management statement.
Development Permits
32.	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.
Compliance Bond
33.	Security in the form of a cash bond or trading bank guarantee for the sum of $100,000 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.
34.	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
35.	The Development Permit for a material change of use lapses if the use has not commenced by 8 April 2021, unless an application to extend the currency in accordance with the provisions of the Sustainable Planning Act 2009 is approved by Council.
Lot Amalgamation
36.	All separate, adjoining lots that form part of this application shall be amalgamated into one undivided allotment in accordance with the Plan of Survey submitted for registration at the Land Titles Office.  Proof of title being issued for the amalgamated lot shall be submitted to Council prior to the issue of the Development Permit for Operational Works.
Vehicle Access
37.	Vehicular access to the development shall be provided from the Serenity Close frontage of the site generally in accordance with the architectural plans prepared by DBI Architecture titled Development Application – RFI dated September 2009.
38.	The driveways 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 shall 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.
39.	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/NZS 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.
40.	All vehicles shall enter and leave the site in a forward direction.
41.	Vehicle egress from the basement car park shall be amended to provide an adequate turning path for vehicles exiting onto Serenity Close.
42.	The manoeuvring area in the porte cochere area shall provide adequate space for vehicles exiting the basement car park to pick up passengers from the Central Facilities building entrance.
Loading Areas
43.	Loading areas shall be provided on site generally in accordance with the architectural plans prepared by DBI Architecture titled Development Application – RFI dated September 2009.
Car Parking
44.	Car parking for a minimum of 263 cars shall be provided within the site generally in accordance with the architectural plans prepared by DBI Architecture titled Development Application – RFI dated September 2009.
45.	A minimum of 80 car spaces shall be made accessible for staff, commercial customer and visitor parking and shall not be dedicated for short or long-term residential parking.  The community management statement for any or all bodies corporate having control of the resort or any part thereof shall incorporate this condition.
46.	A minimum of 28 motorcycle spaces (equivalent to 7 car spaces) shall be provided within the site.
47.	The car parking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user class 1a for resident spaces and user class 2 for visitor and function centre spaces 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.
48.	The proposed turning areas at each level shall be line-marked with chevrons and have the words “No Parking” painted on the pavement.  A sign shall also be provided to indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.
49.	All car parking shall be kept, maintained and line-marked in a condition fit for use.
50.	All staff car park spaces shall be clearly defined by line marking each space with the words “Staff Parking Only” and by sign posting each space with a similar wording.
Vegetation Protection
51.	Vehicular pavements within the drip zone of any of the existing trees on site to be retained shall be designed as a pervious pavement (such as grass paving cells or similar) where possible to allow to penetrate to the trees root system.  The pavement shall be constructed so as not to damage the tree or their root system and in this regard temporary fencing shall be provided around the trees during construction to help protect them.
52.	Plans shall be submitted to the Council for approval that clearly show the type and extent of the pervious pavement and the temporary fencing prior to obtaining a Development Permit for Operational Works.
53.	Where retained tress are located in areas proposed to filled on site (or are located on neighbouring allotments to the actual site to be filled), there will be a need to prevent fill material from being placed on the trees root system.  To this end the design of the filling works will need to incorporate terracing around the tree or a similar means of ensuring that the natural ground level around the trees remains generally the same as existing.  These measures shall clearly be shown on the plans submitted for Operational Works approval and any drainage required to drain these areas shall also be shown on the plans.
Roadworks
54.	All modifications to the existing median necessitated by the development shall be designed and constructed in accordance with Council’s Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks.
In this regard a schedule of works, specifications and plans detailing this work shall be prepared and submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
Frontage Works
55.	Footpath improvements such as topsoiling, grassing, and tree planting are required to the Serenity Close and Banksia Place frontages of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.  Grass shall be couch, free of weeds.
56.	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.
Roof Water & Stormwater Drainage
57.	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/Operational Works approval and any overflow shall be directed to the stormwater drainage system.
58.	A stormwater management plan and stormwater management design must be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.  The stormwater management plan and stormwater management design must be prepared by a RPEQ, specialising in stormwater and water quality management incorporating the principles of the relevant approved Management Plans as described in Decision Notice 23118 DA.  The stormwater management plan and stormwater management design must demonstrate water reuse strategies, infrastructure capacity and effective treatment methodology.  The use of rainwater harvesting tanks for irrigation purposes shall be incorporated in the overall design plans.  The following information is required to be submitted with the stormwater management plan and stormwater management design submitted with the application for Operational Works Approval:
a.	An Audit report which confirms that the stormwater design achieves all criteria and actions specified in Elements D.1 of Settlers Cove Noosa Residential High Density Environmental Management Plan by WBM dated 25 July 2007;
b.	Confirmation from an RPEQ that the sites proposed stormwater management measures will provide for infiltration into the sand subgrade without runoff for storms up to a 10 year Average Recurrence Interval;
c.	The location for any required oil and sediment traps; &
d.	MUSIC model results that demonstrate that the site will achieve the pollutant reduction targets required by the Water Sensitive Urban Design Technical Design Guidelines and the following water quality criteria:
i.	Total nitrogen levels – 0.34 mg/l; &
ii.	Total phosphorous levels – 0.035 mg/l.
59.	All stormwater drainage shall be collected on site and discharged so there is no net increase in stormwater runoff from the site.
60.	To ensure that polluted run-off does not enter the water table, the adjoining waterways or Council’s stormwater drainage system, stormwater run-off from the car parking 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 the larger 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 Community Management Scheme for the development and a copy of this shall be provided for Council’s records prior to commencement of the approved Use.
61.	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.
62.	All site stormwater drainage shall be by means of a gravity system.
63.	All stormwater drainage lines including inter-allotment drainage shall be inspected by closed circuit television (CCTV) prior to commencement of the approved Use.
CCTV inspection will be carried out by Council's CCTV contractor and arranged by Council following satisfactory completion of construction works.  The developer will be responsible for the full cost of CCTV inspection, including any additional inspection necessary following defect identification and rectification.  This charge is payable prior to the issue of Operational Works approval and will be determined on the unit rate basis current at the time of approval.
Sewer Mains / Town Water Supply
64.	Reticulated water supply and sewerage must be provided to the development.
65.	Construction activities must not impede the access of Sunshine Coast Water or Fire Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).
66.	The fire-fighting demand on Council’s water supply system from the development must not exceed 30 litres per second.
67.	A single Council installed primary water meter must be provided immediately inside the property boundary.  Additional water meters must be installed for each title of a community title or sub-lease scheme.  Meters must be Council approved, installed in accordance with Council requirements and remain accessible at all times for reading and maintenance purposes.
68.	Buildings, basements and other structures must maintain a minimum clearance of 1.5 metres from Council sewer mains, and 1.0 metres from sewer manhole chambers and inspection openings.
69.	Storm water retention systems, gross pollutant traps and bio-retention basins must maintain a minimum clearance of 1.5 metres from Council water supply and sewerage infrastructure.
70.	Landscape planting within 1.5 metres of Council sewerage infrastructure must be Council approved varieties and low growing when mature.
71.	The level of the existing sewer manholes must be adjusted to suit the proposed finished surface levels.  Work must be undertaken by Sunshine Coast Water at the applicants cost.
72.	Landscape planting within 1.5 metres of Council sewerage infrastructure and 1.0 metres from water supply infrastructure must be Council approved varieties and low growing when mature.
73.	Construction works undertaken in the vicinity of Council water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure.  All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
Service Easements (Sewer / Stormwater)
74.	A 3.0 metre wide easement must be provided over all Council sewers located in private property that are not covered by an existing easement.  A 4.0 metre wide easement must be provided over Council sewers greater than 3.0 metres deep (where approved by Council).  Easements must be located centrally over the main.
75.	A registered easement shall be created over any stormwater drainage pipes within the site that collect stormwater from a Council road or convey stormwater from any adjoining property (for example, where drainage pipes are provided within the site to prevent adjacent properties from additional ponding/flooding due to the subject site being filled).
76.	No building or other structure shall be constructed or encroach into an easement.
Construction Issues
77.	A Traffic Management Plan for the each construction phase of the development shall be submitted to and approved by Council at least 5 working days prior to the commencement of any Building works or at least 5 working days prior to the pre-start meeting for Operational Works. The Traffic Management Plan shall be referred to the Divisional Councillor for comment before approval and shall include but not be limited to:

Limiting the routes for the heavy vehicles to the major road network and prohibit the use of the local roads as access to 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, and
Operating hours.
Maintaining clear pedestrian access around the site at all times.
78.	Construction staff shall not park on Serenity Close or elsewhere on-street.  Parking shall either be on site, an adjacent vacant site or at a suitable off-site location serviced via a shuttle bus.
79.	A detailed Condition Survey must be carried out on existing structures, services, adjacent buildings and roads prior to any excavation or construction works taking place on site. If distress already exists, a photographic survey should be undertaken, the distress measured and a plan to monitor changes to distress shall be implemented.  Remediation of any damages caused by construction of this development shall be undertaken within 3 months of the completion of substantial works for this development.
80.	Any significant dust and dirt accumulating on adjoining buildings as a result of this development shall be removed at the end of substantial works if requested by the affected bodies corporate.
Earthworks
81.	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 watercourses.
82.	Earthworks carried out on site shall not affect the structural integrity of any of the existing fences and/or structures and/or lands 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.
83.	Plans and details outlining the extent of earthworks required on site and any trees to be retained shall be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
84.	All major excavations (including the basements and driveways) shall be shored to prevent batters extending into areas and vegetation to be retained.  All tress to be retained shall be adequately tagged to Council’s satisfaction and enclosed with a barrier fence to the drip line to prevent damage.
Acid Sulfate Soils
85.	As the site is located below the 20m AHD and above the 5m AHD, any excavation works consisting of 100m3 or greater which extends below 5m AHD must be carried out in accordance with State Planning Policy 2/02 Planning and Managing Development Involving Acid Sulfate Soils. In this regard appropriate testing and supporting documentation prepared by a suitably qualified specialist shall be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
Site Stability
86.	A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures and/or land, and make recommendations on the type of foundation system(s) best suited for the proposed development.  The recommendations of this report shall be incorporated into the design and construction of the proposed development.
Erosion and Sediment Control
87.	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.
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.
Contributions Towards Council Infrastructure
88.	The applicant must pay contributions towards trunk infrastructure in accordance with the following Planning Scheme Policies and Council Policies:
a.	Planning Scheme Policy 12 – Public Open Space Contributions;
b.	Planning Scheme Policy 13 – Contributions in Lieu of Off Street Parking;
c.	Planning Scheme Policy 16 – Sewerage Headworks Contributions;
d.	Planning Scheme Policy 17 – Water Supply Headworks Contributions;
e.	Planning Scheme Policy 20 – Pathway Trunk Network Contributions;
f.	Council Policy – Rural Roadworks Contributions; &
g.	Council Policy – Master Drainage Contributions.
For material change of use of premises approvals the contributions must be paid prior to the commencement of use, for reconfiguring a lot approval contributions must be paid prior to Council approval of the plan of subdivision.
The actual amount of the contribution must be calculated and paid in accordance with the Planning Scheme Policies and variations due to indexation current at the time of payment.
General
89.	Any Building Format Plans (or similar) submitted for Council approval must be accompanied by the relevant Community Management Statement (or similar) demonstrating compliance with the conditions of this approval.
90.	A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.  In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.
91.	Digital detailed designs including drawings, calculations, specifications and a schedule of works, 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.
92.	To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted in the Asset Design and As Constructed (ADAC) digital format.  (Guidelines on the use of ADAC are available at www.adac.com.au).
93.	A construction management plan/strategy to ensure no damage occurs to Council services shall be prepared by a suitably qualified Registered Professional Engineer and submitted to Council in conjunction with any application for Operational Works.
94.	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.
95.	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.
96.	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.
97.	As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer for design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of all services and structures.  All of which shall be submitted to Council for checking and for Council’s records.
98.	The data must fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels.  The data shall be submitted in the Asset Design and As Constructed (ADAC) digital format.  (Guidelines on the use of ADAC are available at www.adac.com.au).
Approval of works shall not be granted until all As Constructed information has been supplied and accepted by Council.
Refuse
99.	The developer shall provide waste and recycling storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The Waste Management Plan of Mark Rigby and Associates dated February 2009 is not approved in its entirety. An amended Waste and Recycling Management Plan (Operational) must be submitted for the day-to-day operation of the development and approved by Council’s Waste and Resources Management Branch prior to issue of development permit for operational works. The amended plan shall include amongst other things –

Further details of the waste and recycling collection area on the south side of Building A to show:

i. 	Full dimensions of the overall area and its likely increase in size to accommodate the required bins.
ii. 	The number and types of bins stored there.
iii. 	The vehicle movement paths of the different general refuse and recycling vehicles which must comply with the turning circles of AUSTROADS: design single unit truck/bus (12.5m) template. This must allow easy and safe collection for both front and rear loading and allow the required height clearance.
The nine waste and recycling storage areas throughout the resort and residential buildings and the external waste and recycling collection storage area are all to be provided with their own individual bin washing facilities.
The waste and recycling storage areas shall include the provision of containers for all waste and recycling materials including putresable matter, non-recycling waste, paper/cardboard, glass, aluminium/steel cans, waste oil, styrofoam boxes, etc.
The proposed separate refuse chutes (general refuse and recyclables) must be provided in accordance with Council’s Policy for “Refuse Chutes and Accessories in Multi Storey Buildings”. The recyclable chutes in Buildings A – C are to be used in the same way as Buildings D – G.
100.	A Construction Waste Management Plan shall be submitted and approved by Council’s Waste and Resources Management Branch prior to issue of a development permit for operational works. Waste Management Plans are required to be 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:

a.	The site area for the storage and separation of waste is to be shown on the plan drawings accompanying the application.
b.	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.
Trade Waste
101.	The drainage system from all business that are likely to discharge trade waste must comply with Council’s Trade Waste Policy and Sunshine Water’s guidelines for accepting trade waste into the sewer.  All appropriate trade waste permit and/or agreements must be applied for and issued prior to the discharge of any trade waste to the sewer.
102.	Noise emission from mechanical equipment shall comply with the following requirements:
Air-conditioning and Refrigeration
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
Pumps
7am to 7pm: Maximum background + 5dB(A)
7pm to 10pm: Maximum background + 3dB(A)
10pm to 7am: No audible noise.
103.	Written certification from a suitably qualified person shall be submitted 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.
Note: 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.

104.	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.
Communication with existing residents
105.	The developer shall institute a fortnightly communication with residents within Serenity Close to advise of construction progress and works to be undertaken in the coming fortnight.
Additional Condition July 2013 – Koala Off-set Contribution
106. 	A monetary contribution of $44,160 ($920 x 48 trees) must be made to Council for the off-set of 48 koala habitat trees in accordance with the Policy for Offsets for New Gain of Koala Habitat in South East Queensland.  The monetary contribution must be paid within 12 months of this approval taking effect pursuant to the Offsets for Net Gain of Koala Habitat in South East Queensland
referral agency conditions
The referral agencies applicable to this application are:
Referral Trigger	Referral Status	Referral Agency	Referral Address
Site Contains Assessable Vegetation	Concurrence	Department of Natural Resources & Water	PO Box 573 NAMBOUR  QLD  4560
Koala Conservation Area	Concurrence	Department of Environment and Resource Management	Ecoaccess Customer Service Unit PO Box 15155 CITY EAST  QLD  4002
A copy of any referral agency conditions is attached.
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
A-SD-1.100	G	Site Plan Level 0 Basement Level Carpark	25 August 2009
A-SD-1.101	G	Site Plan Level 1 Lower Ground Level	25 August 2009
A-SD-1.102	G	Site Plan Level 2 Ground Entry Level	25 August 2009
A-SD-1.103	G	Site Plan Level 3	25 August 2009
A-SD-1.104	G	Site Plan Level 4	25 August 2009
A-SD-1.105	G	Site Plan Level 5	25 August 2009
A-SD-1.106	G	Roof Plan Level 5	25 August 2009
4.31	-	Elevations	-
4.32	-	Elevations	-
4.33	-	Elevations	-
4.34	-	Elevations	-

Advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
1.	An advice notice outlining the estimated infrastructure contributions payable and the basis for their calculation under the current Planning Scheme Policies and Council Policies is attached with this Development Permit.
2.	For properties located in the catchment area for the Coastal Major Road Network Infrastructure Charges Plan, this development permit may trigger an Infrastructure Charge to be issued in accordance with the Infrastructure Charges Plan and Chapter 5 of the “Integrated Planning Act 1997”.
3.	Please contact Council's Infrastructure Charges Officer (email: [email protected]) a minimum of 5 business days prior to payment of the infrastructure contributions and/or charge notice so a payment advice detailing the amounts applicable at the time of payment may be issued to accompany the payment.
4.	Payment of infrastructure contributions and/or infrastructure charge notices will not be accepted by credit card transaction.
5.	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.
6.	The plans for the proposed building work have not been assessed for compliance with the requirements of the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the matter that either or both the Disability Discrimination Act 1992 (Commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the proposed building work.
7.	The following is required for the proposed restaurant:
Plans and application is to be made to Council’s Healthy Places 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.
8.	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.
Additional Advisory Note - 7 February 2017.
Infrastructure Charges and Contributions
9.	An “Infrastructure Charge Notice” to be issued in accordance with Council’s current “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (adopted charges). The charge relates to the missing Public Transport and Stormwater networks.
An Amended Infrastructure Charge Notice No: 925 (Rev No. 1) for the Coastal Major Road Network Infrastructure Charges Plan and replaces the original notice dated  14 April 2010 (Rev No. 0).
An Amended Infrastructure Contributions Advice Notice (Rev No. 1) for contributions issued under Condition 88 of the approval and replaces the original notice dated 14 April 2010 (Rev No. 0).
The total of all Infrastructure Charges and Contributions for trunk infrastructure is limited to the maximum amount permissible under the State Planning Regulatory Provision (adopted charges
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 Unit on 07 3247 6212 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 Operational Works	Access and/or Car parking. Site Civil Works. Roadworks. Stormwater Drainage. Frontage Works. Sewer reticulation (including new mains, relocations, diversions, pump stations and rising mains). Excavation of materials to fill another site. Landscaping. Erosion & Sediment Control
Development Permit for Building Works	All Building Works

self assessable codes
Not applicable
SUBMISSIONS
There were 21 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.
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 Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about the conditions contained within the development approval. If Council agrees or part agrees with the representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice” may be given. Taking this step will defer your appeal period, which will continue after Council makes its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).
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.sunshinecoast.qld.gov.au, or at Council Offices.

DECISION NOTICE HISTORY Original Decision Notice  8 April 2010 P & E Court Consent Order 14 October 2011 Pre Request Response Notice 22 July 2013 Changes to an Existing Approval 7 February 2017, change Condition 35,  include additional Advisory Note 9<

Yours faithfully

Patrick Murphy
Coordinator Planning

Encl. 	Infrastructure Charges Notice (Public Transport & Stormwater Networks)
Amended Infrastructure Charge Notice Rev 1 (CMRNICP)
Amended Infrastructure Contributions Advice Notice – Rev 1 (Re: Condition 88 Contributions)
Appeal Rights

cc	Unitywater

	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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