Minor Change Existing Approval MCU15 0109.05

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	MCU15/0109.05
Your Reference:	M2652P
21 June 2022
K Bristow
C/- JFP Urban Consultants Pty Ltd
T1.209 Kon-Tiki Business Centre
Tower 1/55 Plaza Parade
MAROOCHYDORE   QLD  4558
[email protected]  [email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 29 April 2022, requesting a minor change to an existing development approval. Council on 17 June 2022 decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU15/0109.05
Street address:	75 Resort Dr Noosa Heads Qld 4567 Parkridge Villas 1202/11 Sedgeland Drive NOOSA HEADS
Real property description:	Lot 7 SP 178340 Lot 1202 SP 290692
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on: 15 September 2016
Development Permit for Material Change of Use of Premises - Multiple housing Type 4 - Conventional (44 units)
In relation to the request to make a minor change to the existing approval, Council on 17 June 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 2
Include additional condition 68
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval (MCU15/0109) took effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all relevant conditions of this Decision Notice must be complied with prior to each stage of the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development.  The approved plans are listed in the following table, and may be further amended by the conditions of this approval.
Plan No.	Rev.	Plan/Document Name	Date
7043-DA01	14	LOCATION PLAN & PROJECT SUMMARY by Blackburne Jackson Design	17-12-21
7043-DA02	18	SITE PLAN by Blackburne Jackson Design	17-12-21
7043-DA03	17	SITE PLAN by Blackburne Jackson Design	17-12-21
7043-DA04	11	SITE PLAN by Blackburne Jackson Design	17-12-21
7043-DA05	13	SITE SECTIONS PLAN by Blackburne Jackson Design	17-12-21
7043-DA06	01	SITE SECTIONS PLAN by Blackburne Jackson Design	12-10-18
7043-DA14	10	BUILDING 25: BASEMENT by Blackburne Jackson Design	12-10-18
7043-DA15	10	BUILDING 25: LEVEL 1 by Blackburne Jackson Design	12-10-18
7043-DA16	10	BUILDING 25: LEVEL 2 by Blackburne Jackson Design	12-10-18
7043-DA17	09	BUILDING 25: ELEVATIONS by Blackburne Jackson Design	12-10-18
7043-DA18	09	BUILDING 25: SECTION by Blackburne Jackson Design	12-10-18
7043-DA19	11	BUILDINGS 23 & 24: BASEMENT by Blackburne Jackson Design	12-10-18
7043-DA20	09	BUILDINGS 23 & 24: LEVEL 1 by Blackburne Jackson Design	12-10-18
7043-DA21	10	BUILDINGS 23 & 24: LEVEL 2 by Blackburne Jackson Design	12-10-18
7043-DA22	09	BUILDING 24: ELEVATIONS by Blackburne Jackson Design	12-10-18
7043-DA23	xx	BUILDING 24: ELEVATION & SECTION by Blackburne Jackson Design	12-10-18
7043-DA24	09	BUILDING 23: ELEVATION by Blackburne Jackson Design	12-10-18
7043-DA25	09	BUILDING 23: ELEVATION & SECTION by Blackburne Jackson Design	12-10-18
7043-DA26	06	FINISHES PALETTE / SCHEDULES by Blackburne Jackson Design	17-12-21
7043-DA28	09	FIRE AND EVACUATION MANAGEMENT PLAN by Blackburne Jackson Design	14-02-19
7043-DA30	16	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	17-12-21
7043-DA31	13	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	12-10-18
7043-DA32	02	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	12-10-18
7043-DA40	03	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	17-12-21
7043-DA50	03	SITE MAINTENANCE SHED: PLAN, ELEVATION & SECTION by Blackburne Jackson Design	17-12-21
7043-DA102	09	SITE MAINTENANCE SHED LANDSCAPING by Blackburne Jackson Design	17-12-21
7043-DA104	08	BLOCK 25: LANDSCAPING by Blackburne Jackson Design	12-10-17
7043-DA105	08	BLOCKS 23 & 24: LANDSCAPING by Blackburne Jackson Design	12-10-17
7043-DA106	08	BLOCK 24 & CORNER LANDSCAPING  by Blackburne Jackson Design	12-10-17
7043-DA107	07	PLANT SPECIES PALETTE & HARDSCAPE MATERIALS by Blackburne Jackson Design	12-10-17
7038-DA13	07	Overall Staging Plan by Blackburne Jackson Design	14-06-17
WD1.3	I	SITE PLAN by Sparks Architects	16-05-18
WD1.17	H	GROUND FLOOR PLAN BLOCK 10 by Sparks Architects	16-05-18
DD1.16	G	FIRST FLOOR PLAN BLOCK 10 by Sparks Architects	27-06-17
DD1.17	F	ROOF FLOOR PLAN BLOCK 10 by Sparks Architects	27-06-17
WD1.20	H	GROUND FLOOR PLAN BLOCK 11 by Sparks Architects	16-05-18
DD1.19	G	FIRST FLOOR PLAN BLOCK 11 by Sparks Architects	27-06-17
DD1.20	F	ROOF PLAN BLOCK 11 by Sparks Architects	27-06-17
WD1.23	H	GROUND FLOOR PLAN BLOCK 12 by Sparks Architects	16-05-18
DD1.22	G	FIRST FLOOR PLAN BLOCK 12 by Sparks Architects	27-06-17
DD1.23	F	ROOF PLAN BLOCK 12 by Sparks Architects	27-06-17
WD2.8	B	ELEVATIONS BLOCK 10 by Sparks Architects	23-08-17
WD2.9	B	ELEVATIONS BLOCK 11 by Sparks Architects	23-08-17
WD2.10	B	ELEVATIONS BLOCK 12 by Sparks Architects	23-08-17
A.001	1	COVER SHEET prepared by Zest Design Studio	27‐10‐21
A.100	1	PROPOSED CABANA prepared by Zest Design Studio	27‐10‐21
A.101	1	BUILDING SECTION 1 prepared by Zest Design Studio	27‐10‐21
A.102	1	DETAILS prepared by Zest Design Studio	27‐10‐21
A.105	1	ROOF DRAINAGE & RCP / SERVICES PLAN prepared by Zest Design Studio	27‐10‐21
R.100	1	RENDER IMAGES prepared by Zest Design Studio	27‐10‐21
R.101	1	RENDER IMAGES prepared by Zest Design Studio	27‐10‐21
R.102	1	RENDER IMAGES prepared by Zest Design Studio	27‐10‐21
R.103	1	RENDER IMAGES prepared by Zest Design Studio	27-10-21
Nature and Extent of Approved Use
The approved development comprises a total of 1 x 1 bedroom manager’s unit, 17 x 2 bedrooms and 22 x 3-bedroom units.
Deleted.
Building Height
The maximum height of the development must not exceed the reduced levels shown on the approved plans.
Certification must be submitted to Council from a Licensed Surveyor at the completion of each stage confirming the constructed buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the site pre-start meeting. 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.  Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.

Building Appearance
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages or adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvers, glass panelling or the like.
External colours and finishes of the building must comprise of muted environmental tones that blend with the natural environment, as indicated on approved plan DA26 “Finishes Palette / Schedule” by Blackburne Jackson Design.  Buildings 23, 24, and 25 must not contain broad areas of light coloured walls.
Fencing
Any new boundary fencing along the southern and eastern boundaries must be constructed to allow for the movement of fauna.  Such fencing must
allow adequate clearance at ground level for local macropods;
b.	not include use of barbed wire or similar materials;
c.	provide regular opportunities for passage over and through for fauna
Storage
Each dwelling unit must be provided with an allocated secure storage area(s) within the basement carpark.
Outdoor Lighting Devices
Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1.
Certification must be submitted to council from a suitably qualified person* prior to commissioning the operation of the development which certifies that all outdoor lighting devices comply with AS4282-1997 and the requirements of this Decision Notice.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy 3 Landscaping Plants and Guidelines and must include in particular:
the works shown on the Approved Plans
the use of large tree species to provide visual screening of the bulk of the buildings.
compliance with the approved bushfire management plan for the development.
vegetated screening of any electrical transformers, bin storage areas, and the like, from the road frontage and the southern pathway.
retention of the existing koala food trees and amenity trees along the Resort Drive road reserve frontage, unless permitted to be removed in accordance with an approved Arborist Report.
the provision of street furniture, specifically a public bench situated approximately half way up the path in the southern road reserve.
control of all weeds species listed in the following standards and legislation:
declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003.
Undesirable species as listed in Planning Scheme Policy 3 Landscaping Plants and Guidelines.
All entry statements, fences, batters, retaining walls and buffer/screen plantings must be located entirely within private land and not within the public road reserve.
The existing vegetation along the Resort Drive frontage road reserve, eastern road reserve and located outside of the 6m zone in the southern road reserve must be retained in accordance with an Arborist Report prepared by a qualified person* and endorsed through an Operational Works approval.*(Refer to Advisory Note)
Fauna Management
Vegetation must only be removed or disturbed in accordance with a Fauna Management Plan prepared by a qualified person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
Any domestic cats kept on the property must be permanently confined within buildings and/or cat enclosures for the purpose of protecting proximate wildlife.  All and successive community management statements must include a provision to enable the enforcement of this requirement.
Bushfire Management
The development must be carried out in accordance with section 7.0 of the Bushfire Hazard Assessment and Management Plan (document ref. AA1345BFIRE Rev.3) dated July 2016 prepared by Duke Environmental listed within this Decision Notice.
A copy of the Bushfire Hazard Assessment and Management Plan listed within this Decision Notice must be provided to the nearest fire authority.
Certification for each stage must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the bushfire management conditions of this Decision Notice, prior to the commencement of use. *(Refer to Advisory Note)
ENGINEERING
External Works
External works, pathways, must be provided with the first stage of the development in accordance with an Operational Works approval, unless already constructed, and must include in particular:
A new 2.0 metre wide concrete pathway must be constructed along the full length of the eastern boundary lines for Lot 6 SP178340 (this property) and Lot 3 SP 221524 (the adjoining site) generally within the created pathway reserve and to alignment protects existing trees.
A new concrete pathway must be constructed within the unformed road reserve south to the site.  This pathway must connect to the pathway along the eastern boundary and connect to the existing cul-de-sac end of Resort Drive, and shall be 2.0m wide and reduced to a minimum width of 1.5 meter where necessary to protect existing vegetation.
The pathways must be designed and constructed in accordance with relevant standards and best engineering practice using method/s of construction that minimise the impact on natural flora and fauna and maintenance needs while also ensuring pedestrian safety.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Site Access and Driveways
A sealed access driveway must be provided from the existing cul-de-sac of Resort Drive to all parking and manoeuvring areas of the development generally in accordance with approved plans and must be undertaken in compliance with an Operational Works approval and include in particular:
Driveway crossover in accordance with IPWEAQ standard drawing RS-051.
Compliant grades within the road verge to match any existing or future pathway.
The relocation or modification to any existing services affected by the driveway construction.
Suitable safety or traffic control measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian and traffic safety.
Car Parking
Two temporary cul-de-sac ends with a turning circle 9.0m in radius minimum must be constructed at both ends of the proposed driveway of compacted gravel and stable approved sealed surface to allow for vehicles, particularly refuse collection trucks, to turn around in forward gear. The works must include any required batters and/or retaining walls and be undertaken in accordance with an Operational Works approval as follow:
for the western cul de sac, prior to the commencement of use of Stage 6B,
for the eastern cul de sac, prior to the commencement of use of Stage 2B.
A minimum of 80 car parking spaces must be provided and marked on the overall site generally in accordance with the approved plans. The works may be staged and must be undertaken in accordance with an Operational Works approval and must include in particular:
13 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use.
Crossfalls, gradients and vehicle headroom in accordance with Australian Standard AS2890: Parking Facilities.
The minimum number of parking spaces as indicated on the approved plans for each of the buildings in the particular Stage.
1 space must be allocated to the exclusive use of the Manger’s Unit.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and maneuvering and kept in a tidy and safe condition at all times.
All car and bicycle parking areas must be line marked in accordance with approved plans, no dividing walls be constructed unless a further application for amendment is approved by Council.
Directional signage must be provided to direct visitors and customers to building blocks and the car parking spaces provided on site.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval and must provide suitable parking locations for emergency service vehicles.
Internal Pedestrian Pathway
Internal pedestrian pathways networks must be provided for the development generally in accordance with the approved plans.  The works must be undertaken in compliance  with an Operational Works approval and include:
Footpath and steps 1.5m wide minimum of concrete or other approved materials throughout the development taking into consideration accessibility for people with disabilities.
Signage and lighting at strategic locations to direct people to building entries and other facilities as may be required.
Stormwater Drainage
Each stage of the development must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in compliance with a development permit for operational works and must include in particular:
Stormwater collection and pipe system in accordance with the requirements of latest Queensland Urban Drainage Manual (QUDM) and related guidelines.
Stormwater retention and/or detention systems must be provided within the property to ensure all stormwater runoffs from each cumulative stage of the development on the site are maintained to its predevelopment rates for all storm events up and including 1% AEP.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Prior to issue any Development Permit for Operation works the applicant must provide confirmation of a registered access easement has been created over the adjoining site, Lot 3 SP221524, to accommodate the proposed temporary turning circles of 9.0 metre in radius and 4.0 metre wide road shoulder for batter and retaining works generally in accordance the approved plans.
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.  All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.
Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All excavation and fill and associated batters and retaining works must be undertaken in accordance with an Operational Works approval and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All works must be carried out in accordance with a site-specific geotechnical investigation report prepared by a qualified person* and submitted for endorsement by Council as part of the Development Application for Operational Works. The geotechnical investigation must be undertaken in accordance with the relevant provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development and address all stability issues concerning the development site.  *(Refer to Advisory Note)
Acid Sulfate Soils
Where excavations of non-imported soils below the elevation of 5m AHD are necessary for construction, the application for Operational Works for Bulk Earthworks, Stormwater and /or Landscaping  must demonstrate and  include certification from a suitably experienced and qualified geotechnical engineer of methods necessary  to ensure  construction and operation of the development:
is consistent with Queensland Acid Sulfate Soil Technical Manual: Soil Management Guidelines; and
will not result in the release of acid or associated metals; and
will not cause localised lowering of groundwater.
Erosion and Sediment Control
Prior to the completion of the development, all site surfaces must be effectively stabilised. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
WATER QUALITY
Noosa Springs Lake Management
The application for operational works approval must demonstrate, through water balance calculations prepared by a hydraulic engineer, that the hydraulic residence time of the Noosa Springs Lake System will not be reduced as a result of stormwater management on each cumulative stage of the development the site.
Where stormwater runoff from the site will enter the Noosa Springs Lake System, Quarterly monitoring is required of stormwaters directed from the development to the Noosa Springs Lake System. Monitoring must be undertaken by a suitably qualified person using NATA accredited methods for the following parameters.
Nitrite plus Nitrate as N (NOx)
Total Kjeldahl Nitrogen (TKN)
Total Nitrogen as N (TKN + NOx)
Total Nitrogen as N
Total Phosphorus as P
Reactive Phosphorus as P (Dissolved)
Reactive Phosphorus – Filtered
Water quality monitoring results must be retained in electronic form by the property owner for a minimum of 5 years and must be made available to Noosa Council on request. This monitoring must continue until notified by Noosa Council that it is no longer needed.
For a minimum of 5 rainfall events per year, stormwater at the following locations and times must be collected and sampled for Total Nitrogen, Total Phosphorous and Total Suspended Solids using NATA accredited methods:
The release point from Precinct E2 for all waters directed to the Noosa Springs lake system.
At monitoring point W6 shown on Plan A – Water Quality Monitoring Locations Noosa Springs by Jelliffe Environmental (Qld) Pty Ltd.
The time for collection of water samples for monitoring must be quantified by the applicant’s hydraulic engineer within the Operational Works application for stormwater.  The time for water quality monitoring shall be a minimum of the time of concentration for all waters from Precinct E2 destined for the Noosa Springs Lake System to reach the release point from Precinct E2, and within a maximum of 24 hours of commencement of rainfall events that generate runoff from Precinct E2.
Water quality monitoring required by this condition must commence at the commencement of operation of the first stage of the development until five (5) years following the completion of the final stage of the development
The annual and long term 90th percentile concentrations of Total Nitrogen, Total Phosphorus and Total Suspended Solids measured within runoff from Precinct E2 must not be higher than the 90th percentile concentrations of those parameters measured within the receiving Noosa Springs Lake System.  The applicant must notify Noosa Council within 24 hours of becoming aware of non-compliance with this condition.
The first application for Operational Works Approval for this development must include:
An overall concept stormwater design for the completed development that is able to satisfactorily meet all conditions of this approval.
A monitoring strategy prepared by a suitably qualified person to demonstrate how the water monitoring obligations of this development approval will be met.
A stormwater infrastructure design that incorporates a facility suitable for obtaining the water samples needed to fulfil the obligations of this development approval;
Stormwater Quality Management
The Operational Works application for stormwater for each stage development must demonstrate that all stormwater runoff from hardstand and fertilised landscaped areas of the relevant and cumulative stage, including runoff destined for groundwater infiltration will be treated to achieve pollution reduction targets to achieve an 80% reduction in Total Suspended Solids, 60% reduction in Total Phosphorus and 45% reduction in Total Nitrogen compared to an untreated scenario.
Where proprietary devices are proposed, maintenance must be in accordance with the manufacturer’s specifications.  For vegetated stormwater assets, maintenance must be in accordance with the Water by Design Maintaining Vegetated Stormwater Assets, Version 1 Manual (2009).
Material extracted from stormwater quality treatment devices during servicing and cleaning is to be removed from the site and disposed of by either a licensed waste removal contractor or by other lawful means
Prior to issue of Operational Works approval, a 10 year maintenance contract including expected cost forecast, must be entered into for maintenance of any on site water quality treatment device. Records of maintenance activities undertaken are to be kept and made available to council officers upon request.
Ongoing maintenance of stormwater quality treatment devices in accordance with this development approval must be detailed within any community management statement applicable to operation of the development.
The Operational Works application for landscaping must demonstrate the landscaping design incorporates locally endemic vegetation adapted to grow on the sites indigenous soil, and requires no fertiliser or other external nutrient requirements after the first 3 years of establishment
WASTE MANAGEMENT
Waste Storage
The development must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
The site must be provided with a bin wash area with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet is to be designed to prevent storm water entry to the sewerage system which can be achieved by a bunded area, with a nib wall height of 100mm maximum, enclosing a wash area of 700mm x 700mm minimum (max 0.7m²).  Alternatively, the waste area can be roofed, or another appropriate design approved by Council.
A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9 Waste Management and Planning Scheme Policy 11, Waste Management Plans* must be submitted for the day-to-day operation of the development and approved by Council’s Waste and Environmental Health Section, prior to issue of development permit for operational works.
The Plan must include the following information: -
types of wastes that will be generated from the activities approved within the development.
estimated volumes or tonnage of both recyclables and waste generated.
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 for getting all waste to the bins; the storage of bins and the collection of bins by the contractor.
description of the design details of waste storage and recycling areas including size, location, elevation and floor plan, methods of bin washing and system to prevent storm water getting into sewer via the bin wash.
description of types and volume of waste storage containers to be used.
waste and recycling storage area shall include the provision of containers for all waste and recycling materials including putrescible matter, non-recycling waste, paper/ cardboard, glass, aluminium/steel cans, waste oil, styrofoam boxes, etc, and bin washing facilities connected to sewer.
detailed description of vehicular access routes to collect waste.  Where collection is off street, access must allow vehicles to enter and leave the site in a forward direction.
ENVIRONMENTAL HEALTH
Noise
Written certification from a suitably qualified person must be submitted to Council confirming that sound pressure levels from all mechanical plant and equipment comply with the following:
Air-conditioning and Refrigeration:
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable =  background + 3dB(A)
Pumps:
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
Assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building.  All equipment should be operating at the same time to test the overall noise level created, with the measurement location at either the residential boundary or outside the most exposed part of an affected building - whichever is the closest to the plant/equipment.
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.
The first application seeking Operational Works approval for this development must include a concept design that demonstrates all stormwater runoff from hardstand and fertilised landscaped areas of the completed development, including runoff destined for groundwater infiltration, can be treated to achieve pollution reduction targets to achieve an 80% reduction in Total Suspended Solids, 60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen compared to an untreated scenario.
64.	Where proprietary devices are proposed to be used within the development, the first application seeking Operational Works for this development must demonstrate that the performance input/output parameters used within water quality modelling for the nominated proprietary device are consistent with the final approved version of the Stormwater Australia Stormwater Quality Improvement Devices Evaluation Protocol.
65.	The rear 2 metres of Blocks 10, 11 and 12 is to be extensively landscaped and no structures or swimming pools, other than a light weight timber batten fence, are to be located in these areas. No access is to be provided from the rear of these Blocks to Resort Drive.
The car wash bay must be bunded to prevent wastewater from leaving the site and must not enter the downstream drainage system. Plans demonstrating compliance with this condition must be lodged with Council prior to commencing works on site. The works must be designed to Council’s reasonable satisfaction.
The use of the car wash bay is to be limited to resident’s vehicles only and the use of pressure hoses /compressors to wash vehicles is not permitted.
The roofed pergola for unit 1202 courtyard is to remain unenclosed in accordance with the approved plans.
referral agencies
Not Applicable
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
Conditions of this Decision Notice require resubmission of plans to Council with amendments. Please address the amended plan/s to Council’s Planning Assessment Branch with the Reference No. MCU15/010, separate to any Operational Works application.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
The works identified in this Decision Notice will be required to be carried out in accordance with a Construction Management Plan endorsed by Council through an approval for Operational Works. To ensure expedient assessment of any Operational Works application, the applicant is advised to submit a preliminary Construction Management Plan that addresses the requirements of the planning scheme.  In particular, the preliminary Construction Management Plan should address the following:
Traffic management during all aspects of the construction phase including:
A Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction.
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
Proposed fencing to the site during the construction phase of the development.
Maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures.
Works programme identifying key components of the works and their respective durations.
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues.
identification of complaint management procedures including:
Contact details for the on-site manager.
Dispute resolution procedures.
Details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
It is acknowledged that the Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
Has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Infrastructure Charges (Change dated 5 March 2019)
This Change to an Existing Approval will trigger an “Amended Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
Development Permit for Operational Works	Landscaping, vegetation removal, carparking and access, site civil works, earthworks, roadworks, erosion and sediment control, frontage works, pedestrian pathways, and stormwater management.
submissions
There were 3 properly made submissions about the application. In accordance with Sustainable Planning Act 2009, the name and address of the principal submitter for each properly made submission is provided and attached.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,

Patrick Murphy
Coordinator Planning

Enc:	Referral Agency Response
Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 15 September 2016
Negotiated Decision Notice - MCU15/0109. - 21 September 2017, amendment to the description of Development Permit, change Conditions 1, 2, 3, 4, 6, 13, 20, 27, 28, 30, 31, 37, 48, 50, 51, 52 & 53 and included additional conditions 63, 64 & 65
Decision Notice, Minor Change– MCU15/0109.01 – 15 February 2018, Amend the description of the Development Permit, change Conditions 2, 3, 13, 14 & 31 and Delete Condition 4.
Decision Notice, Minor Change– MCU15/0109.02 – 9 July 2018, Amend Condition 2
Decision Notice – Other Change - MCU15/0109.03, 5 March 2019, with an amendment to 2 & 3 and amend Advisory Note 10.
Decision Notice – Minor Change – MCU15/0109.04 – 17 March 2022; with an amendment to conditions 2, 3 & 31, additional conditions 66 & 67; amend the description of the Development Permit
Decision Notice – Minor Change – MCU15/0109.05 – 17 June 2022; with an amendment to condition 2; include additional condition 68

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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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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ee) NOOSA COUNCIL