Court order - approved (002)

O7-NOV-02 TUE 17:10 NOOSA COUNCIL

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.

L e:\temp\18492 da witkout projudice conditions sma.doe

P. 06/08

Oo?