Council archive · source document
Decision Notice - Change to an Existing Approval - 010.2005.00001189.005 [As Published] · 132005.1189.05
Officer: Jack Lewis
Direct Telephone: (07) 5449 5183
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2005/1189
Your Reference:
7 July 2009
Widewaters Pty Ltd
CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
Dear Madam
Change to an Existing Approval
Integrated Planning Act 1997
I refer to your request to make a change to an existing approval. On 1 July 2009 Council decided
your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 2005/1189
Street address: 201 Gympie Terrace, Noosaville
Real property description: Lot 0 SP 206090
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 2 March 2006 decided to issue the following type of approval: -
Preliminary Approval for Material Change of Use - Shops, Restaurant and Multiple Dwellings
(5 Units)
In relation to representations, Council on 15 June 2006 decided to:
A. Grant a Development Permit subject to the conditions contained in the Preliminary Approval,
with the following amendments.
B. Agree to change to Conditions 2.6, 2.9, 2.10, 2.11, 3, 5, 11, 17, 18, 19, 21, 31 and 34.
C. Delete Conditions 1, 2, 2.1, 2.2, 2.3, 2.4, 2.5, 2.7, 2.8, 2.12, 75, 81 and the requirement for a
further Development Permit for Material Change of Use of Premises.
D. Refuse to delete Conditions 31 & 42 for the following reasons:
1. The spaces nominated are difficult to manoeuvre into and as such are considered
appropriate for long term parking i.e. staff.
2. It is a normal requirement to ask for staff spaces to be marked to ensure that easily
accessible spaces are retained for short -term parking.
3. Council considers it reasonable for the undergrounding of power within that location.
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2005/1189
E. Issue a Negotiated Decision Notice
In relation to the request to make a change to the existing approval, Council on 30 August 2007
decided to:
A. Approve a change to Condition 42.
B. Advise the applicant that should it wish to fund Council’s proposed portion of one third of the
cost of undergrounding powerlines in order for the powerlines to be undergrounded whilst the
development is being undertaken, these monies (one third the cost of undergrounding
powerlines) will be refunded by 30 June 2009.
C. Issue a Compiled Decision Notice
In relation to the request to make a change to the existing approval, Council on 19 June 2008
decided to:
A. Approve a change to Condition 2.11.
B. Issue a Change to an Existing Approval
In relation to the request to make a change to the existing approval, Council on 4 December 2008
decided to:
A. Approve a change to Condition 14
B. Issue a Change to an Existing Approval
In relation to the request to make a change to the existing approval, Council on 1 July 2009 decided
to:
A. Approve a change to Conditions 3 & 27
B. Issue a Change to an Existing Approval
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
Land Use
1. Deleted.
2. The following changes shall be made to the building:-
2.1. Deleted.
2.2. Deleted.
2.3. Deleted.
2.4. Deleted.
2.5. Deleted.
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2.6. The outdoor dining areas shall not exceed a total of 44m total use area, be clearly
identified on site and predominantly unenclosed as shown on the approved
development plans.
2.7. Deleted.
2.8. Deleted.
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2005/1189
2.9. The building shall include a mix of lightweight and textured external building materials
including timber, with variation in texture and detailing of the masonry finishes as shown
on the approved development plans.
2.10. ‘Soft’ landscape areas at natural ground level along the full frontage to Thomas Street
and Gympie Terrace shall be no less than shown on the approved development plans.
2.11. The existing Hoop pine tree on the Thomas Street frontage may be removed, where it is
replaced with a native tree of a minimum 100 litre. A permeable surface shall be
provided around the tree to the reasonable satisfaction of the Manager of Land Use.
2.12. Deleted.
3. The approved plans to comprise those numbered and titled: -
Plan / Document No. Rev. Plan / Document Name Date
SK-00 Floor Plan – Foster Designs 29 May 2009
SK-01 Roof Plan – Foster Designs 29 May 2009
SK-02 Eastern Elevation – Foster Designs 29 May 2009
SK-03 Northern Elevation – Foster Designs 29 May 2009
CD-01 A South Building Ground Floor Plan – 16 March 2009
Foster Designs
DA-01 Option C C Ground Floor Plan – Foster Designs March 2006
DA-02 B First Floor Level – Foster Designs March 2006
DA-03 C Second Floor Level – Foster Designs March 2006
DA-08 D Elevation & Section – Foster Designs March 2006
DA-09 C Elevation & Section – Foster Designs March 2006
DA-04 B Roof Terrace Level – Foster Designs November 2005
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 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
qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to
the premises being occupied and maintained at all times thereafter and include:
5.1. A 200 litre native tree to the Thomas Street frontage adjacent the southern side
boundary.
5.2. Street planting to Gympie Terrace and Thomas Street, incorporating a minimum of 5 x
100 litre trees to Thomas Street and 2 x 100 litre trees to Gympie Terrace.
6. An acoustic fence shall be provided along the southern and western boundaries.
7. The car park shall be ungated during the operating hours of the shops and restaurant. Where
a gate is provided to the car park outside the operating hours of the shops and restaurant, an
intercom system or the like shall be provided for visitors of the dwelling units.
8. The shops and restaurant shall not operate outside the hours of Sunday to Thursday 7am to
10pm, and Friday and Saturday 7am to 12 midnight.
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2005/1189
9. Existing trees on the site and within road reserves are to be retained, except where required to
be removed due to building operations or the conduct of the approved use. These landscape
plans required to be submitted are to denote areas of existing vegetation or existing trees
proposed or required to be retained.
10. 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.
11. Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like,
thus remaining as open structures, apart from the screens depicted on the approved
developments.
12. The proposed development shall have all kitchen, laundry and bathroom fittings that 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), with toilets to comply with the AAAA Water Conservation Rating
System. All 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.
13. All hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural).
14. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 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 and costs incurred by council in
respect of enforcing performance of this permit.
The Council is to retain a bond of $10,000 until such time as the cables are undergrounded
and a suitable Grey Aggregate (Boral 25mpa 10mm Ocean Floor) finished footpath is
completed to the satisfaction of the Council.
15. 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.
16. 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.
17. This Development Permit for a material change of use of premises lapses if the use has not
happened by 15 June 2010, unless an application to extend the currency is approved by
Council.
Building Services
18. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of the work confirming compliance with the
minimum required floor level and the maximum building height above natural surface, as
permitted by the approved development plans.
19. Fencing to the swimming pool must comply with the Queensland Building Act 1975 Part 3 (as
amended) and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from
the dwelling to the pool enclosure is not permitted.
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2005/1189
Land Development
Lot Amalgamation
20. 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
Operational Works.
River Flooding
21. All buildings proposed on site (and areas utilised for carparking purposes associated with the
buildings) shall be constructed at Council’s Minimum Floor Height requirements as defined in
Council’s Planning Scheme and on Council’s Scheme Maps at the time of issue of the Building
Permit.
In this regard and as an indication only – the shops & restaurant should have a Minimum Floor
Height of RL 2.8m (AHD). These levels however are subject to change and verification shall
be made to Council’s Land Development Section prior to obtaining a Development Permit for
Building Works. If these levels do change to a level higher than specified above, the building
height may be increased a corresponding amount.
The applicant should note that compliance with these levels does not necessarily require the
site to be filled as an equal result can be achieved by suspending the lower levels of the
building as opposed to filling. To this extent excessive filling should be avoided to prevent any
impacts on neighbouring properties and minimum floor levels should be strictly adhered to
without building higher than is actually needed to prevent flooding.
Vehicle Access
22. A vehicular access driveway to serve the development shall be constructed from the Thomas
Street frontage of the site with a maximum width of 5.8m.
23. 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 level difference. Should any driveways be
constructed to grades that do not comply with AS2890.1-2004, 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.
24. All vehicles shall enter and leave the site in a forward direction.
Loading Areas
25. The combined loading zone / carpark space, as shown on drawing number DA-01a dated
November 2005 by Foster Designs Pty Ltd, shall operate as a Loading Zone between the
hours of 8:00 am to 5:00 pm weekdays and shall be sign posted to indicate this.
26. The combined loading zone / carpark space shall also be at least 2.6m wide by at least 9.0m
long.
Carparking
27. Carparking shall be provided within the site generally in accordance with drawing number CD-
01 dated 16 March 2009 by Foster Designs Pty Ltd, except as modified by the conditions of
this permit and shall comply with the following requirements.
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2005/1189
27.1. Any partition walls, columns or structures between the parking spaces must not
compromise any of the applicable requirements of Australian/New Zealand Standard
AS/NZS 2890.1:2004 Parking facilities Part 1: Off-street car parking and must
demonstrate compliance with:
27.1.1. Figure 5.2 Design envelope around parked vehicles to be kept clear of
columns walls and obstructions and Figure 5.4 Apron widths for right angle
access to single vehicle garages included in Section 5 of this standard.
27.1.2. The height between the floor and any overhead obstruction shall be a
minimum of 2200mm.
On Street
28. The carparking area shall be designed to comply with the provisions of Austroads – Part 11,
1994 for kerbside parallel parking, and shall be generally in accordance with DA-01a prepared
by Foster Designs and dated November 2005. The parallel spaces shall have a minimum
length of 6 metres with the end bays being 5.5 metres length.
Off Street
29. The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for
User Class 1A for the residential and staff spaces, User Class 3 for the commercial spaces,
and User Class 4 for disabled 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.
30. All carparking shall be kept, maintained and line-marked in a condition fit for use.
31. All staff carpark spaces shall be clearly defined by line marking each space with the words
“Staff Parking Only”. Staff parking shall include spaces 1, 2, 12, 13, 24 & 25 as shown on
Ground Floor Plan DA-01a prepared by Foster Designs and dated November 2005 shall be
marked for staff parking.
Vegetation Protection
32. Vehicular pavements within the drip zone of the existing Norfolk Pine tree on site to be
retained shall be designed as a pervious pavement (such as grass paving cells or similar), as
this will allow water that falls on this surface 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.
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.
Park Contributions
33. A Park contribution of $5,489 towards the acquisition of additional parkland or the
improvement of existing parkland and facilities in the locality shall be paid to the Council prior
to obtaining a Development Permit for Operational Works in accordance with Council’s
Planning Scheme Policy PSP24 Park Requirements. This amount will be subject to variations
in the Consumer Price Index, All Groups Brisbane from December 2005 until the date of
payment.
Frontage Works
34. The proposed works in the road reserve shall be in accordance with plan DA-01c-OPTIONC
prepared by Foster Designs and dated March 2006. The landscaping against the kerb shall
use plants of a maximum mature height of 300mm. The width of pathway around the corner of
Gympie Terrace and Thomas Street shall be maintained at a minimum width of 2.5 metres on
the corner. The width of the pathway shall be maximized at all times for pedestrian useability.
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35. A new full width concrete or paved path shall be constructed along the Thomas Street and
Gympie Terrace frontages of the site in accordance with Council’s design standards.
Provision shall for street tree planting shall include pedestrian friendly permeable surfaces
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around the root system of those trees a minimum of 1m . Care shall be taken to protect any
underground services.
36. A pram ramp shall be installed at the roundabout of Gympie Terrace and Thomas Street (on
the Gympie Terrace frontage) in accordance with the Disability Discrimination Act 1992 and
Australian Standard AS1428.1-2001 “Design for access and mobility”.
37. The existing pram ramp in Thomas Street shall be upgraded to comply with the Disability
Discrimination Act 1992 and Australian Standard AS1428.1-2001 “Design for access and
mobility”.
38. All paths and pram ramps shall be designed and constructed to ensure pedestrian safety
using non-slip materials and to produce an evenly graded surface finish.
39. 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.
Roadworks Contributions (Local Road Network)
40. A roadworks contribution of $2,145.40 towards safety improvements to Gympie Terrace shall
be paid to the Council prior to obtaining a Development Permit for Operational Works. This
amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from
December 2005 until the date of payment.
Pathway Contributions
41. A pathway contribution of $1,234 towards external major pathways, in accordance with
Planning Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the
Council prior to obtaining a Development Permit for Operational Works. This amount will be
subject to variations in the Consumer Price Index, All Groups Brisbane from December 2005
until the date of payment.
Undergrounding Power
42. A contribution of one third of the cost of undergrounding the overhead electricity wires to the
Gympie Terrace and Thomas Street frontage of the development shall be paid to Council prior
to commencing the use. Conduits shall be installed along the site’s full frontages to Gympie
Terrace and Thomas Street to the satisfaction of Council and Energex.
Stormwater Drainage
43. All stormwater drainage shall be collected on site and discharged so there is no net increase
in stormwater runoff from the site. Stormwater drainage permitted to drain from the site shall
be discharged to Council’s kerb & channel street drainage system in both Gympie Terrace and
Thomas Street. Plans of the drainage design shall be prepared by a Registered Professional
Civil Engineer and submitted to Council prior to obtaining a Development Permit for
Operational Works.
The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street
drainage system at any one location is 25 litres/second.
44. The existing open concrete channel running along the base of the retaining walls of adjoining
properties on the southern boundary of Lot 2 RP102593 and at the rear boundary of Lots 1&2
RP102594 and Lot 2 RP102593 shall be replaced by piping to drain any areas of the site or
adjoining lots that pond due to proposed filling.
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45. Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank
(minimum storage 3000 litres per dwelling unit) that is plumbed to service the toilets in the new
dwelling and landscaping areas. The design of the rainwater storage system shall be to the
satisfaction of the Manager Plumbing Services.
46. As the site is proposed to be filled, appropriate stormwater drainage pipes shall be installed
within the site to collect and discharge stormwater runoff from all adjoining properties to
prevent additional ponding/flooding on these properties.
47. Drainage of the site shall be in accordance with the principles of Council’s - Noosaville Master
Drainage Plan to ensure that the site discharges to the appropriate drainage catchments. This
information can be obtained from Council’s Technical Officer - Development, by contacting
5449 5263.
48. To ensure that polluted run-off does not enter Council’s stormwater drainage system,
stormwater run-off from the carparking areas and the driveways shall have the first flush (the
first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor provided on site prior to
being permitted to discharge into Council’s drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged
through a single underground drain line directly into the existing drainage system, bypassing
the grease/oil arrestor.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
arrestors, 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.
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.
49. All site stormwater drainage shall be by means of a gravity system.
50. 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.
Stormwater Drainage Contributions
51. A contribution of $16,176 shall be paid to Council towards the cost of the Noosaville Master
Drainage Plan prior to obtaining 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 2005 until the date of payment.
Sewer Mains
52. The site shall be connected to Council’s existing sewerage reticulation systems and be
constructed in accordance with Council’s standards and requirements at no cost to Council.
53. Sewer relocation works shall be in accordance with Construction Hydraulics Drawings 1470-S-
1 and 1470-O-2 and Noosa Shire Council Planning Scheme Policy 6, Engineering Design
Standards, Water & Sewerage.
54. Sewer relocation works are to be completed prior to the commencement of any buildings
works on the site.
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55. The existing sewer main that shall be relocated along the side boundary and the outer limits of
the proposed conduit shall be accurately located and determined by a licensed Surveyor and
shown on all plans submitted for Operational Works approval.
To ensure Council’s sewer main is accessible for maintenance purposes and is protected from
risk of damage no structures requiring a building permit (eg. buildings, retaining walls, etc)
shall be constructed within this ‘zone of influence’ ie. the edges of the conduit, and as such the
applicant shall amend Operational Works plans including Building plans to ensure compliance.
Town Water Supply
56. The site shall be connected to Council’s existing town water supply and be constructed in
accordance with Council’s standards and requirements at no cost to Council.
57. Each water connection to the water reticulation system shall extend to the 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.
Service Easements (Sewer)
58. A registered easement shall be created over the zone of influence, that is the limits of the
proposed conduit chamber of the relocated sewer within the subject site and over those parts
of the subject site that are impacted upon by sewers on any adjoining sites. In this regard a
licensed surveyor shall accurately locate all sewer mains and determine the necessary width
of the easement, which shall be shown on any plans submitted for Operational Works /
Building Works approval. To this extent the surveyor shall certify that the sewer and the zone
of influence is wholly contained within the easement to be created.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged at the
Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of
Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the
use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
59. 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).
60. No building or other structure shall be constructed or encroach over an easement. Any
building or structure within proximity of an easement or any other public utility’s underground
must have its foundations designed so that no surcharge loads are imposed upon such
underground infrastructure. Foundations must be taken down a minimum of 1.0m below a line
of influence measured 1.0m in the direction of the foundation from the centreline of the closest
underground service and along the natural angle of repose of the foundation soil type(s).
Plans, and supportive documents, detailing these proposed foundations shall be designed by
a registered practicing Geotechnical Engineer and submitted with the application for a
Development Permit for Operational Works.
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Headworks Contributions
61. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28
and PSP30 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 under the current policies is outlined below. These amounts will
adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from
December 2005 until the date of payment.
Water Supply $6,953
Sewerage $7,670
TOTAL $14,623
All headworks contributions must be paid prior to the issue of a Development Permit for
Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
headworks contributions not be paid at the due time, Council shall call upon the trading bank
guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is
cancelled, the contribution or trading bank guarantee will be returned.
Acid Sulfate Soils
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62. As the site is located below the 5m AHD, any excavation works consisting of 100m or greater
will need to 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.
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63. As the site is located below the 5m AHD, any filling works consisting of 500m or greater and
with an average depth of 0.5m or greater will need to 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.
Earthworks
64. Filling works required on site shall be carried out in accordance with Section 3.8 of Council’s
Engineering Design Standards Manual and so as not to cause the additional ponding of water
on any adjoining lands or the blockage of, or interference with, any natural watercourses.
Detailed site surveys indicating natural surface levels and contours of the adjoining properties
must be provided with the application for a Development Permit for Operational Works for
Filling and Drainage.
This may require the design and construction of drainage pipes and/or an overland flow-path
within the development site that caters for drainage from the adjoining sites for a design storm
with an Average Recurrence Interval of 1 in 100 years. A private easement for the Drainage of
Water encompassing the drainage pipes or overland flow-path will also be required. In this
regard a Development Permit for Operational Works shall be obtained.
Should evidence be provided to Council indicating that no additional ponding of stormwater
will occur on the adjoining properties the requirement for the drainage pipes, overland flow-
path and easement shall not apply.
65. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences or structures that border the development site. Fences that are affected shall be
replaced prior to plan endorsement. In this regard any fences to be replaced shall be clearly
shown on the plans submitted for Operational Works approval.
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Erosion and Sediment Control
66. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to
be submitted to the Council for approval prior to obtaining a Development Permit for
Operational Works.
General
67. 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:-
67.1. Access and/or Carparking.
67.2. Stormwater Drainage.
67.3. Frontage Works.
67.4. Sewer reticulation (including new mains, relocations, diversions).
67.5. Site Filling.
67.6. Landscaping.
68. 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.
69. Digital detailed design drawings and calculations shall be submitted with any application for a
Development Permit for Operational Works in respect of roadworks and stormwater drainage
works. To avoid conflict with underground pipes or services, all existing and proposed
services required by the development shall be shown on the plans.
70. 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).
71. 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.
72. 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.
73. 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.
74. 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.
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.
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Environmental Health
75. Deleted.
76. Street litterbins to a design approved by Council, shall be supplied and installed at the
developers expense at agreed locations.
77. A Waste Management Plan is to be submitted for specified developments as determined by
the Manager Environmental Health Services for the day-to-day operation of the complex.
The Waste Management Plan is to be submitted with development applications for material
change of use (MCU) and approved prior to commencement of operational works.
The Waste Management Plan Strategy will include the following information:-
The types of waste that will be generated from the activities approved within the
development.
Estimated volumes or tonnage of recyclables within the generated waste stream
Estimated volumes or tonnage of waste generated from the activities.
Methods to be used for dealing with garden waste.
Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.
Description of procedures involving disposing of refuse to bins; the storage of bins and
the collection of bins by the contractor and who is responsible for each transfer of the
waste.
A description of the design details of waste storage and recycling areas including
methods of prevention of storm water contamination. To be high lighted on plans.
A description of types and volume of waste storage containers to be used.
A detailed description of access to waste collection area for waste collection vehicles to the
bin collection area. To be highlighted on plans.
78. The developer shall submit to Council a Waste Management Plan for the construction or
demolition phase of the development. The Waste Management Plan is to contain the
following information:
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify
materials volume *specify proposed *specify contractor and
(m³) re-use or on-site contractor and landfill site
recycling recycling outlet
methods
Excavation
material
Garden Organics
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Other - please
specify
Note: Details of site area to be used for onsite separation, treatment and storage (including
weather protection) should be provided on the plan drawings accompanying your application.
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2005/1189
79. Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or
located in a manner which prevents a noise nuisance beyond the subject land in accordance
with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot
fines apply for such offences.
80. Noise emission from air conditioning equipment shall comply with the following requirements:
80.1. The equipment shall be installed and located in a manner which prevents noise
nuisance beyond the subject land in accordance with the nuisance provisions of the
Environmental Protection Regulation 1998 and Council’s Local Law No. 12 - Control of
Nuisances. Infringement Notices (on-the-spot fines) may apply for offences.
80.2. Submission of written certification from a suitably qualified person confirming that the
noise levels comply when measured at the nearest residential boundary. This is
required immediately after installation of the equipment and prior to any occupation of
the building, and in a format approved by Council.
80.3. A person must not use equipment on any day if it makes or causes noise to be made –
80.3.1. Before 7am or after 10pm: More than the lower of either –
40 d(B)A
3 d(B)A above the background noise level
80.3.2. From 7am to 7pm: More than the lower of either –
50 d(B)A
5 d(B)A above the background noise level
80.3.3. From 7pm to 10pm: More than 3 d(B)A above the background noise level.
81. Deleted.
82. The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from
making noise from:-
82.1. Monday to Saturday, before 7:00am or after 6:30pm
82.2. Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under these provisions
83. The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with
Council’s Code controlling food establishments for approval by Council’s Environmental Health
Section, for any food premises proposed to be included in the development. Approval is to be
obtained prior to fitting out the building.
84. For café or restaurant the developer must provide toilets for customers and staff in accordance
with the Building Code of Australia.
85. Separate plans are to be submitted detailing the location and outlet for any mechanical
exhaust system. The installation of any mechanical exhaust system is to comply with
Australian Standard 1668.
86. 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, dust or odour nuisance or any other emissions in accordance with the nuisance
provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such
offences.
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2005/1189
87. All refrigeration plant including motors, shall be situated within the building or suitably provided
with noise reduction measures and located as to prevent a noise nuisance beyond the subject
land in accordance with the nuisance provisions of the Environmental Protection Regulation
1998. On the spot fines apply for such offences.
88. A Trade Waste Permit is required to discharge each type of Trade Waste. The hydraulic
drawings are to show all the Trade Waste requirements in accordance with the Noosa Trade
Waste Policy.
89. 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 is required.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
The surface of the land Advice Agency Department of PO Box 573
is at or below 5m AHD Natural Resources NAMBOUR QLD 4560
and the development & Mines
involves filling the site
with 100om² or more
material
A copy of any referral agency conditions is attached.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the Assessment
Manager conditions.
Plan / Document No. Rev. Plan / Document Name Date
SK-00 Floor Plan – Foster Designs 29 May 2009
SK-01 Roof Plan – Foster Designs 29 May 2009
SK-02 Eastern Elevation – Foster Designs 29 May 2009
SK-03 Northern Elevation – Foster Designs 29 May 2009
CD-01 A South Building Ground Floor Plan – 16 March 2009
Foster Designs
DA-01 Option C C Ground Floor Plan – Foster Designs March 2006
DA-02 B First Floor Level – Foster Designs March 2006
DA-03 C Second Floor Level – Foster Designs March 2006
DA-08 D Elevation & Section – Foster Designs March 2006
DA-09 C Elevation & Section – Foster Designs March 2006
DA-04 B Roof Terrace Level – Foster Designs November 2005
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
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2005/1189
1. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the estimated amount of $76,863 and is subject to variations in the
Consumer Price Index, All Groups Brisbane from December 2005 until the date of payment.
An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
Planning Act 1997.
2. The applicant is informed that payment via credit card transaction will not be an acceptable
method of payment for development contributions conditioned in this permit or for
infrastructure charge notices issued separately.
3. Prior to the commencement of the development, a plumbing assessment must be obtained
from Noosa Council’s Plumbing Services Section in accordance with the Plumbing and
Drainage Act 2002 (as applicable).
4. 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.
Noosa Council recommends that the following matters be considered to address equitable
access and facilities in the building:
(a) 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
AS1428.2;
(b) Applicants should be aware that a “Disability Standard on Access to Premises is being
developed and most likely will result in changes to the Building Code of Australia;
(c) Any services and facilities in the building complex must allow independent, dignified and
equitable use of the services and facilities for all people.
5. This proposal has not been assessed in relation to the spread of fire between properties /
buildings. It is the building certifiers responsibility to assess the requirements for fire services,
fire separation and appropriate methods of construction as part of the building works approval
process. Referral to the Queensland Fire and Rescue Service (QFRS) may be required as
part of the Building Approval process.
6. Prior to the commencement of the development, a plumbing assessment must be obtained
from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage
Act 2002 (as applicable).
7. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if
the cost of operational works exceeds $80,000, then a portable long service leave levy is
required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
the approved form issued by the Building and Construction Industry (Portable Long Service
Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
declaration outlining the cost of the operational works must be submitted to Council with the
lodgement of any application for operational works over the site.
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).
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2005/1189
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Operational Landscaping, Carparking & Access, Frontage Works,
Works Stormwater Drainage and Filling of the Site
Development Permit for Building Works All Building Works
11 SELF ASSESSABLE CODES
Not applicable
12 SUBMISSIONS
There were two (2) properly made submissions about the application.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
14 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.
15 OTHER DETAILS
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
2 March 2006 - Original Decision Notice.
15 June 2006 - Negotiated Decision Notice
with amendment to
Conditions 2.6, 2.9, 2.10,
2.11, 3, 5, 11, 17, 18, 19,
21, 31 and 34 and deletion
of Conditions 1, 2, 2.1, 2.2,
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2005/1189
2.3, 2.4, 2.5, 2.7, 2.8, 2.12,
75, 81.
30 August 2007 - Compiled Decision Notice
with amendment to
Condition 42.
19 June 2008 - Changes to an Existing
Approval with amendment
to Condition 2.11.
Change to an Existing
4 December 2008 -
Approval with amendment
to Condition 14.
Change to an Existing
1 July 2009 -
Approval with amendment
to Conditions 3 & 27.
Yours faithfully,
Denis Wallace
SENIOR DEVELOPMENT PLANNER
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2005/1189
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
for the application are not available against the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of its
may appeal to the court against any of the following- jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application if-
application; (a) the development application involves impact
(b) a matter stated in a development approval, including assessment; and
any condition applying to the development, and the (b) the advice agency told the applicant and the
identification of a code under section 3.1.6;1 assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a relevant period; days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must be Appeals for matters arising after approval given
started within 20 business days (the “applicant’s appeal (co-respondents)
period”) after the day the decision notice or negotiated
decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of the
(3) An appeal under subsection (1)(e) may be started
following notices have been given may appeal to the
at any time after the last day a decision on the matter
court against the decision in the notice-
should have been made.
(a) a notice giving a decision on a request for extension
Appeals by submitters
of the relevanrt period for an approval;
4.1.28.(1) A submitter for a development application may
(b) a notice giving a decision on a request to make a
appeal to the court about-
minor change to an approval.
(a) the giving of a development approval, including any
(2) The appeal must be started within 20 business
conditions (or lack of conditions) or other provisions
days after the day the notice of the decision is given to
of the approval; or
the person.
(b) the length of a relevant period for the approval.
(3) Subsection (1)(a) does not apply if the approval
(2) The appeal must be started within 20 business resulted from a development application (superseded
days (the “submitters appeal period”) after the day the planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to application under a superseded planning scheme.
the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be started at
(4) If an application involves both impact assessment any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are should have been made.
available only for the part of the application involving
impact assessment. Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application (no co-respondents)
are available only for the aspects of the development that 4.1.31.(1) A person to whom any of the following notices
would have required public notification under the have been given may appeal to the court against the
repealed Act. decision in the notice-
(a) a notice giving a decision on a request to change or
1
Section 3.1.6 (Preliminary approval may override local cancel a condition of a development approval.
planning instrument)
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2005/1189
(b) a notice under section 6.1.442 giving a decision to (c) the decision to give a preliminary approval when a
change or cancel a condition of a development development permit was applied for;
approval. (d) the length of a period mentioned in section 3.5.21
(2) The appeal must be started within 20 business relevant period;
days after the day the notice of the decision is (e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
(3) Also, a person who has made a request started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the period”) after the day the decision notice or negotiated
court against a deemed refusal of the request. decision notice is given to the applicant.
(4) An appeal under subsection (3) may be started at (3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the at any time after the last day a decision on the matter
matter should have been made. should have been made.
Appeals against decisions to change approval conditions The Registrar for the Building and Development
under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(a) the decision; or (1) This section applies to a person who has been
(b) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the
(a) whether a charge in the notice is so unreasonable
decision or the conditions applied. that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the have imposed it; or
applicant.
(b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to charges schedule or regulated State infrastructure
development applications charges schedule.
Appeals by applicants
4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval, including
any condition applying to the development, and the
identification of a code under section 3.1.6;3
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override local
planning instrument)
Page 19 of 19
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