Court order - approved (002)

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A. The plans numbered 9977SK041, ESKO1J, SKO2E and SK03C prepared by
Greg Gibbs Architects and dated November, 1999 be approved for a multiple

dwelling (4 units) and restaurant.

B. ‘The approval to be generally subject to the following conditions: -

Environmental Health

1. An annual licence is to be obtained under the Food Hygiene Regulations of
1989 from Council’s Environmental Health Section.

2. Refuse containers must be provided in accordance with requirements of the
Environmental Protection (Interim Wastc) Regulations 1996 for the storage and
collection of refuse.

3. The collection of waste/recyclables must be from the James Street frontage of
the site and removed from the road reserve immediately following collection.

4. The developer must provide an imperviously paved area sufficient in size to
accommodate all refuse and recycling containers. This area is to be
aesthetically screened from any road frontage or adjoining property boundary. A
suitable hosecock, hoses and approved roofed drainage outlet to Council’s
sewer, are to be located in the vicinity of the refuse container area for washing
containers.

5. A Trade Waste Permit for this business must be obtained prior to the issue of a
Development Permit for Ruilding Works. All liquid waste produced by the
commercial section of the development is “Trade Waste” and is to be treated as
required under the Noosa Trade Waste Policy prior to release to. the. sewer.
Approval is to be obtained prior to the commencement of any construction
associated with this development. Full truck access is to be provided to each
grease arrestor and/or pre-treatment device for cleaning and servicing. Where
access is restricted, a pump out line will be required.

6. All refrigeration plant, including motors, shall be situated within the building or
suitably provided with noise reduction and shall be Jocated as to prevent
disturbance beyond the subject land in accordance with the Environmental
Protection (Noise) Policy. : :

7. Air-conditioning units shall be located in a manner, which prevents noise
disturbance beyond the subject land in accordance with the Environmental
Protection (Noise) Policy.

Trade Waste

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8. A Trade Waste Permit is required to discharge each type of Trade Waste. The
: hydraulic drawings arc to show all the Trade Waste requirements in accordance
with the Noosa Trade Waste Policy.

9. A place of food preparation and/or cooking is to have the liquid waste
connected to a trade waste line and to an approved grease arrestor of a size
determined by Council’s Trade Waste Policy.

10. Waste requirements are required to be in place, inspected and approved prior to
the commencement to trading or operation. The appropriate Trade Waste
Pemmits will be issued following the necessary approvals.

Land Development

11. Carparking shall be provided within the site as shown on plan 9977SKO1J dated

November 1999 as submitted by Greg Gibbs Architects for at least 14 spaces

os including a minimum of 4 covered spaces and 1 clearly marked disabled car

€ i spaces shall be included on site. The carparking area shall be designed to

— comply with the provisions of AS 2890.1-1993 for user class 3. The minimum
head clearance (headroom) at any point shal] be 2.3m.

-12. The existing overhead powerlines in James Street shall be taken underground
from the pole adjacent to the western end of the boundary between lots 1 and 5
on RP 226878 to the existing pole at the comer of Gympie Terrace and James
Street.

13. Prior to undertaking any excavation, the person acting on this permit shall
contact public utility service providers to ascertain the location of their

underground services.

14. The person actmg on this permit shall apply and obtain all other necessary
permits including crane permits, road opening permits, hoarding permits,
footpath occupation permits and/or any other approvals required under any other
Act.

15. Prior to commencement of work relating to a Development Permit for
Operational Works, the Applicant shall sign a written undertaking to be
responsible for the full cost of repairs to road pavement, footpath, kerb and
gutter, or other Council property damaged as a result of construction of the
proposed development.

If any person acting under this permit damages any Council property or
facilities (such as underground drainage, water supply and scwcrage), through
any cause whatsoever in the course of, directly or indirectly carrying out
development, that person shall forthwith notify the Manager - Land
Development and shall forthwith rectify that.damage at its cost. Alternatively,
the Applicant may request the Council to carry out the rectification works.

 
   

_ Any damage to a water main shall be rectified by Council. Any damage to a
#-%%, sewer main shall be undertaken by either Council or a Council approved

 

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16.

17.

18.

g 19.

20.

21.

22.

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In all cases, Council reserves the right to carry out rectification works in an
emergency and where no reasonable attempt has been made to complete the
rectification works as part of the development.

‘The carparking area shall be drained and the sealed pavement constructed to
access road standards. Plans and specifications for these works shall be
submitted in conjunction with an application for a Development Permit for
Operational Works.

All carparking shall be kept maintained and line-marked in a condition fit for
use, i

A 5.5m wide vehicular access from the James Street frontage of the site is to be
constructed to Council’s design standards.

All redundant vehicular crossings to the site shall be removed and replaced by
kerb and channel and footpath paving in accordance with Council’s Standard
specifications prior to commencement of the use permitted by this permit.

A contribution of $4,346 shall be paid to Council toward the cost of the
Noosaville Master Drainage Plan prior to issue of a Development Permit for
Operational Works. The amount of the contribution shall be adjusted in line
with changes to the Consumer Price Index, All Groups Brisbane from December
1999 until the date of payment.

Contributions shall be paid to Council in accordance with Planning Scheme
Policies PSP 28 and PSP 30 on. Water Supply Headworks Contributions and
Sewerage Headworks Contributions respectively and at the rates applicable at
the time of payment. An estimate only of the contribution rates as of February
2000 under the current policies is as follows:

Water Supply $10,378
Sewerage $12,305

TOTAL $22,683

Where a change in the levels of the site outside of an existing or proposed road
reserve is approved, the site shall be filled or cut so that each lot drains towards
a road frontage unless an existing or proposed drainage system will collect
stormwater from off each lot and discharge the stormwater to an adequate
Council stormwater drainage system.

Such works undertaken on the site shall be carried out in accordance with
Section 3.8 of Council's "Engineering Design Standards" Manual so as not to

 

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23.

24.

25s.

26.

27.

28.

29.

A registered practicing Geotechnical Engineer shall test the existing ground
conditions for suitability of placing additional fill, prior to such fill being
placed.

Filling works shall be restricted to the subject site. Batters shall be at a
maximum grade of 1:4 unless retained by a wall.

Any existing fill or natural materials on the site, which do not satisfy the
Geotechnical Engineer’s requirements, shall be removed and replaced with

suitable material.

Floor levels for the development are defined within the Planning Scheme. Fill
levels will be provided on application to Council's Works Directorate. If any
filling works are required on the site, they shall be carried out in accordance
with Section 3.8 of Council's "Engineering Design Standards" manual and so as
not to cause the ponding of water on any adjoining lands or the blockage of, or
interference with, any natural watercourses. No earthworks or filling works are
to be undertaken until issue of a Development Permit for Operational Works in
respect of fillmg works.

Fill imported to the site may only be from a site licensed with The
Environmental Protection Agency or from a site for which a Development
Permit for Operational Works has been issued approving the export of fill.

All separate, adjoining lots that form part of this application shall be
amalgamated into one undivided lot in accordance with Section 3.7.3 of the
Integrated Planning Act and 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 Building

Works.

The site shall be connected to Council’s Water Supply and Sewerage
reticulation systems to the water and Sewerage design guidelines and the
requirements of the Manager - Land Development, at no cost to Council.

Each water connection to the water reticulation system shall extend to the

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property boundary and be metered. Where multiple units including leased |”

buildings are served by a single service, multiple water meters to each
individual unit or leased building shall be installed. All fees for the supply of
water meters shall be paid to the Council.

Roof and surface water is to be collected on site and is to be discharged through
a single underground drain line into existing drainage in Gympie Terrace or
James Street. In this regard, a grease/oil arrestor is to be provided on site to
ensure that polluted runoff does not enter Council's stormwater drainage system.

 

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mm .

30.

To protect the environment against siltation/sediment export or soil erosion as a
result of this development, an erosion and scdiment control plan shall be
submitted in conjunction with any Development Permit for Building Works.
Site contro] measures such as silt fencing, controlled gravel access to the site
and controlled disposal of waste, may be necessary. Prior to commencement of
building works, all physical site control measures shall be installed, and the plan
adhered to.

Land Use

31.

33.

34.

35.

36.

 
    
 

32.

Development undertaken in accordance with this approval must generally
comply with the approved plans of development. The approved plans are
numbered 9977SK04I, ESKO1J, SKO2E, and SKO3C prepared by Greg Gibbs
Architects and dated November 1999. The material to be used for the
construction of all balcony rails shall be of transparent or open material, but not
vertical rails and to the satisfaction of the Manager - Land Use.

The restaurant use shall not trade after 10pm Sunday to Thursday and 12am
Friday and Saturday.

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.

Noise emissions from the Restaurant use shall not exceed 45d(R) or 10d(B)
above ambient background noise levels, whichever is the greater measured from
the nearest residential structure.

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 Jandscaping is to be. completed prior to the premises being occupied
and maintained at all times thereafter.

The Landscape plans are to indicate dense landscaping and mounding along the
James Street, Gympie Terrace frontages and the westem boundary. This
landscaping and mounding is to reduce the impact of the blank walls in these

areas.

A minimum of six substantial irccs of a 500 litre pot size, are to be planted
along the James Street frontage. One substantial tree of a 500 litre pot size is to
be planted in the northwest corner of the site. These and other spccics planted
are to be the same as those used by Noosa Council in the Noosaville Foreshore
upgrade. A maximum of three palms arc to be planted.

Any fencing provided in conjunction with the development is to be setback an
average of two (2) metres to any road frontage.

Existing trees on the site and within road reserves are to be retained, except
‘where required to he removed due to building operations or the conduct of the

<“a@pproved usc. The landscape plans referred to above are to denote arcas of

‘existing vegetation or existing trees proposed to be retained.

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"38.

39.

40.

4l.

42.

43.

Any advertising sign or device is to comply with the provisions of Council's
policies on advertising.

Security in the form of a cash bond or wading bank guarantee to the sum of
$6000 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 retuned 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
usc of the premises. Council rescrves the right to call upon the bond or
guaranteed sum referred to in this approval to effect compliance with
conditions.

The area of outdoor dining is to be clearly delineated to ensure that no further
areas are utilised for such a purpose. In this regard the area is to be marked bya

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form of planters or the like. This area is remain uncovered and free from any

structure with the exception of impervious umbrellas each measuring not more
than 9m? in area which are separated and not joined and not fitted with roll

down plastic or similar weather proof walls.
This Development Permit for a material change of use of premises lapses if: -

the use or erection of a building or other structure associatcd with the usc, has
not been commenced within four (4) years of the date of issue of the
Development Permit, unless application is made and approved by Council
for an extension; or

the use of any premises pursuant to the Development Permit ceases.

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.

Further Development Permits Required

44.

Prior to the commencement of development, the following Development
Permits must be obtained: -

44.1 Development Permit for Building works;

44.2 Development Permit for Operational works of landscaping, carparking
and access, Stormwater Drainage, Frontage Works and Site Filling.

44.3 Development Permit for Reconfiguring a Lot.

 

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Advice Conditions

. Building

1. The plans submitted for a Development Permit for building works are to comply
with the approved plans and the following requirements: -

1.1 Disabled access is to be provided from the car park to areas within the
Restaurant.

1.2 Provide details of sunhoods and the remote control gate.

Environmental Health

2. Submission of two (2) sets of professionally drawn scale plans in compliance
with Council’s Code controlling food establishments for approval by Council's
Environmental Health Officer, for any food premises proposed to be included in
the development. Approval is to be obtained prior to fitting out the building.

3. The developer must provide scparate toilct facilities for patrons, in addition to
staff toilet facilities in accordance with the Building Code of Australia.

4. In accordance with the Environmental Protection (Water) Policy 1997, all sand,
silt, mud, paint, cement, concrete, builders’ waste or rubbish shall not be
pemnitted to enter or be placed where it could reasonably be expected to move
into a roadside gutter, stormwater drain or a watercourse. On the spot fines

apply for such offences.

 

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