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Appendix G - development permit 132007.2398.02
Attached to the e-mail MCU15/0111 & REC15/0031 Development Application G - Original Development Permit & Approved Plans Email 8 of 8.
Officer: Denis Wallace
Direct Telephone: 5329 6239
Our Reference: DWALLACE:132007.2398.02
Your Reference: N/A
3 March 2015
Palm Lake Works
PO Box 10479
SOUTHPORT QLD 4215
Dear Sir/Madam
Change to an Existing Approval
Sustainable Planning Act 2009
I refer to your request to make a permissible change to an existing approval. On
2 March 2015, Council decided your requested changes.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 132007.2398.02
Street Address: 4 Lamonts Rd & 19 Trading Post Rd COOROY QLD 4563
Real Property Description: Lot 1 RP215922, Lot 2 RP165418
Planning Scheme: The Noosa Plan (16 September 2013)
2 DECISION DETAILS
Council on 8 February 2010 decided to issue the following type of approval:-
Development Permit for Material Change of Use – Multiple Housing Type 3 - Retirement
& Special Needs
In relation to representations, Council on 23 June 2010 decided to:
A. Agree to amend Conditions 2.2, 17, 18, 19, 23, 37 & 49
B. Amend Condition 33
In relation to the request to extend the relevant period of the existing approval, Council on
24 June 2014 decided to:
A. Approve a change to Condition 6 extending the relevant period for 2 years to
23 June 2016.
In relation to the request to make a change to the existing approval and, Council on
2 March 2015 decided to:
A. Approve a change to Conditions 1, 6, 7, 13, 18, 19, 20, 27, 29, 33, 37, 44, 50, 66, 69,
70, 72, 73, 74, 83, 84 & 91.
B. Delete Conditions 2, 14, 21, 23, 26, 49, 101, 102, 103, 104, 105, 106 & 107 and
Advisory Note 7.
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132007.2398.02
C. Include 3 additional Conditions 114, 115 & 116
D. Amend Advisory Note 1.
E. Include an additional Advisory Note 13.
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval finishes on 23 June 2016.
4 CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
1. Development, including staging of the development, shall be undertaken in accordance
with this approval and must generally comply with the approved plans of development.
The approved plans are titled and numbered: -
Plan Title Drawing Revision Date Prepared by
Reference No.
Overall Site Plan CO-000-2014 D 02/02/2015 Palm Lake Works
sheet 1 of 2
Staging Plan CO-000-2014 D 02/02/2015 Palm Lake Works
sheet 2 of 2
Site Plan SD01 C 09/12/2014 Interworks
Floor Plan SD02 B 09/12/2014 Interworks
Elevations 1 SD03 B 09/12/2014 Interworks
Elevations 2 SD04 B 09/12/2014 Interworks
Clubhouse floor plan DA102 2 26/11/2014 PAA Design
Clubhouse roof plan DA103 2 26/11/2014 PAA Design
Clubhouse elevations DA104 2 26/11/2014 PAA Design
Clubhouse elevations and DA105 2 26/11/2014 PAA Design
sections
Bowling Green floor plan DA202 2 26/11/2014 PAA Design
Bowling Green roof plan DA203 2 26/11/2014 PAA Design
Bowling Green elevations DA204 2 26/11/2014 PAA Design
Bowling Green elevations DA205 2 26/11/2014 PAA Design
and sections
and as may be amended by these conditions.
General
2. Deleted.
3. Security in the form of a cash bond or trading bank guarantee to the sum of $100,000
must be submitted, to secure performance of all conditions of this approval, prior to the
commencement of Stage 1 of the development. 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.
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132007.2398.02
4. 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.
5. 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.
6. The Development Permit for a material change of use of premises lapses if the use has
not commenced by 23 June 2016. The uncompleted aspects of this development
approval lapses if the whole of the approved use has not happened by 23 June 2020.
Staging
7. The development may be staged in accordance with the approved plan titled “Staging
Plan” CO-000-2014 Revision D dated 2 February 2015. The following works shall be
undertaken and completed prior to the commencement of use of Stage 1a:-
7.1 All access, roadworks and frontage works including footpaths as required by
conditions of this approval;
7.2 Bus stop works as required by conditions of this approval;
7.3 Fencing, including all acoustic fencing as required by the approved Acoustic
Report; to all site boundaries;
7.4 Landscaping treatments to open space areas including the establishment and
rehabilitation of all detention basins, the establishment of landscaping buffers to
site boundaries and adjoining residential properties and street trees; and
7.5 Payment of relevant bonds as required by conditions of this approval.
Landscaping
8. A Landscape Plan shall be prepared by a suitably qualified Landscape Architect or
Horticulturalist and shall be in accordance with Council’s Landscaping Code of The
Noosa Plan and Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.
The Landscaping Plan shall be submitted and approved as part of an application for
Operational Works. The Landscaping Plan shall address landscaping treatments for the
development including internal streetscapes and open space areas, adjoining road
network and properties.
The detailed Landscaping Plans shall identify and/or address the following:-
8.1 Street tree planting to Pearsons Road and Trading Post Road to allow good shade
canopy once fully mature;
8.2 Existing vegetation to be removed, with this vegetation clearly identified on site for
inspection by Council;
8.3 Existing vegetation to be retained and measures employed to ensure vegetation
retention;
8.4 Landscaping treatments to internal road network and between buildings;
8.5 Landscaping treatments to open space areas, including any rehabilitation and
planting enhancement requirements around the drainage basins within the site;
8.6 Landscaping buffers and fencing to Elm Street, Pearsons Road, Trading Post
Road and Lamonts Road;
8.7 Landscape buffers and fencing to adjoining properties;
8.8 The location of pedestrian pathways and seating within the site and on the road
reserve adjoining the site.
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Such landscaping is to be completed in accordance with the approved landscaping plan
prior to acceptance of the development on maintenance.
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.
10. All underground services, drainage, footpaths, bike paths, roads and other site works
shall be located to minimise adverse impacts on retained vegetation, particularly their
root systems.
Public Open Space
11. Communal recreational facilities shall be located a minimum of 15 metres from
bedrooms of Independent Living Units and Aged Care Residence.
12. Seating shall be provided in communal areas and along pedestrian pathways within the
site.
Acoustics
13. The site is to be developed generally in accordance with the recommendations of the
Noise Impact Assessment as prepared by ASK Consulting Engineers (Project
7617R01V01 dated 18 December 2014) but with acoustic fencing limited to a maximum
height of 2.1 metres, as detailed as the preferred option in the Assessment.
14. Deleted.
15. Where mechanical ventilation systems are to be used for the development, the most
energy efficient systems shall be installed.
16. On completion of the development, the developer is required to submit to Council a
written certification from an Acoustic Consultant confirming that the proposed noise
barriers meet the noise limits for each adjoining residence as outlined under the Acoustic
Report for the subject site.
Fencing
17. Fencing shall be erected on all boundaries of the site and shall have a minimum height
of 1.5 metres Trading Post Road and Pearsons Road and 1.8 metres on all other
boundaries with the exception of those fences which are required to have a greater
height for the purpose of meeting acoustic requirements.
18. All fencing to road frontages of the site shall be setback a minimum of 1 metre with an
average of 2 metres and be screened with landscaping, with the exception of:-
18.1. Where open or transparent (ie. minimum 50%) fencing is provided to Pearsons,
Trading Post and Lamonts Road, fencing may be incorporated within a minimum 2
metre wide landscape area.
Building Setbacks
19. All buildings shall be setback a minimum of 6 metres to Elm Street, Pearsons Road and
Lamonts Road. A minimum setback of 4.5 metres applies to Trading Post Road.
20. With the exception of the dwelling on “lot” 115 shown on the approved plan, all buildings
shall be setback a minimum distance of 2 metres to adjoining properties.
21. Deleted.
Built Form
22. Buildings shall be varied in their architectural style, construction materials, colours and
finishes with no more than four (4) adjoining or consecutive independent living units
having the same external colours, materials or finishes.
23. Deleted.
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24. Transformers, waste storage areas, etc shall be screened to reduce their visual
intrusiveness.
Aged Care Residence
25. A maximum of 82 employees at anyone time are permitted to be engaged in the
operation of the aged care residence.
26. Deleted.
Lot Amalgamation and Road Dedication
27. All separate, adjoining lots that form part of this application shall undergo a boundary
realignment to reflect the approved layout so that the aged care facility solely occupies
one allotment and the retirement community solely occupies the second allotment. The
boundary realignment shall occur in accordance with the Sustainable Planning Act 2009
. Proof of title being issued for the realigned lot shall be submitted to Council prior to the
issue of the Development Permit for Operational Works.
28. Prior to commencement of use the applicant shall dedicate road reserve truncation at the
intersection of Pearsons Road with Elm Street to ensure that the existing power lines
crossing this corner of the site be located within the road reserve. The new boundary
line setback from the power line shall be in accordance with ENERGEX’s requirements
and adequate to accommodate any proposed or future pathway at this corner of the site.
Vehicle Access, Roadworks and Frontage Works
29. All pathways and roadworks required by this approval including the works required by
Department of Main Roads (DMR) on Cooroy Connection Road (Elm Street) at its
intersections with Pearsons Road and Lamonts Road, and the roadworks required by
Council on Trading Post Road, Pearsons Road and Lamonts Road must be included in
the first stage (Stage 1a) of the development with the exception of roadworks relating to
the site’s access from Lamonts Road which must be carried out as part of the
development of Stage 3.
30. The applicant must design and construct kerb and channel along the western side of
Pearsons Road with any associated road widening and drainage works to achieve Local
Road standard for Urban area (8m Kerb to Kerb) in accordance with Council’s Planning
Scheme Policy 5 - Engineering Design Standards – Roads, Drainage and Earthworks.
The existing kerb line at the intersection of Pearsons Road and Elm Street must also be
upgraded in accordance with Department of Main Roads Standard to match the
proposed new width and new kerb line of Pearsons Road or as may be specified by
Department of Main Roads in the operational works approval. A Development Permit for
Operational Works shall be required.
31. The applicant must construct a cul-de-sac head at the end of Trading Post Road in
accordance with Section 3.12 of Council’s Planning Scheme Policy 5 - Engineering
Design Standards – Roads, Drainage and Earthworks. A Development Permit for
Operational Works shall be required.
32. The applicant must design, construct and seal Lamonts Road from Elm Street to 10m
beyond the access to the development site in accordance with Council’s Planning
Scheme Policy 5 - Engineering Design Standards – Roads, Drainage and Earthworks
with 7m wide seal and flush kerb be provided on both sides of the seal. The intersection
of Lamonts Road with Elm Street must be designed in accordance with Department of
Main Roads Standard or as may be specified by Department of Main Roads in the
operational works approval for this intersection. Accesses to other properties shall be
adjusted as necessary to match the new levels of Lamonts Road. A Development
Permit for Operational Works shall be required.
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33. The site shall have only four main (4) vehicular accesses to Council’s roads network.
There shall be no other vehicular accesses from the site or from any unit within the site
directly to Council’s roads.
34. The access crossings shall be designed and constructed to Council’s design standards
and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing
pedestrians movements along the footpath without any step or level difference. All
access driveways must comply with AS/NZS 2890.1:2004 and AS 2890.2:2002. A
Development Permit for Operational Works shall be required.
35. Footpath improvements such as topsoiling, grassing, and tree planting are required to
the all road frontages of the site in accordance with Planning Scheme Policy PSP03
Landscaping Plants & Guidelines. Grass shall be couch, free of weeds.
36. A new 2m wide concrete path shall be constructed along the Trading Post Road frontage
of the site in accordance with Council’s design standards and to an alignment that
protects any significant vegetation and underground services. The path shall extend
around the cul-de-sac and join to the existing path on the opposite side of Trading Post
Road. A Development Permit for Operational Works shall be required.
37. A new 2m wide concrete path shall be constructed along the Pearsons Road frontage of
the site and be extended along Elm Street to connect to the required bus stop on Elm
Street. The 2m wide path on Elm Street shall also be constructed from the pedestrian
access point from the retirement community that fronts Elm Street. The path shall be in
accordance with Council’s design standards and to an alignment that protects any
significant vegetation and underground services. A development Permit for Operational
Works shall be required.
38. A pedestrian refuge island shall be constructed on Pearsons Road near its intersection
with Elm Street to provide connection between the new pathway in Pearsons Road and
the pathway in Elm Street.
39. Pram ramps shall be installed at road intersections and wherever needed to direct
pedestrians across the road. All pram ramps must be constructed in accordance with
Council’s design standards.
40. All paths, pram ramps, driveways and parking areas shall be designed and constructed
to ensure pedestrian safety using non-slip materials, to produce an evenly graded
surface finish, and to be in accordance with the Disability Discrimination Act 1992 and
Australian Standard 1428.1 Design for Access & Mobility.
41. Where applicable, all redundant vehicular crossings to the site shall be removed and
replaced by kerb and channel and footpath paving or landscaping in accordance with
Council’s Standard prior to the commencement of the use.
42. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the
footpath, the driveway and any associated fencing or vegetation near the driveway shall
comply with the minimum sight line requirements as defined in AS/NZS 2890.1:2004,
section 3.2.4.
Bus Stop
43. The applicant shall design and construct a bus stop on Elm Street to the frontage of Lot
135 MCH 978 (north of 156 Elm Street) at approximately 70m south of the centre line of
Pearson Road intersection. A Development Permit for Operational Works shall be
required.
44. The proposed bus stop is to be “Indented” and be in accordance with the current
TransLink Public Transport Infrastructure Manual. The bus stop must contain all
Mandatory and Preferred components as stated in the manual, and be constructed in
accordance with the new Noosa Council Custom Design Rural Bus Shelter.
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45. The design for the bus stop shall consider a Pedestrian Refuge Island and a coupled bus
stop (indented but unsheltered) on the opposite side of Elm Street for future
construction.
46. The bus stop required on Elm Street must be included in Stage 1 of the development.
Internal Driveways and Parking
47. The internal roads shall be concrete or bitumen sealed driveway of a minimum width of
6m for Primary Roads and 5.5m for Secondary roads and must comply with AS 2890.2-
2002. A Development Permit for Operational Works shall be required.
48. All parking areas and garages must be in compliance with the requirement of the current
Australian standards applicable to their use (AS/NZS 2890.1-2004 and/or AS 2890.2-
2002) with a minimum head clearance (headroom) at any point of 2.3m.
49. Deleted.
50. Car parking shall be provided within the site generally in accordance with that shown on
drawing CO_000_2014 Site Plan prepared by Palm Lake Works dated
19 December 2014.
51. Carparking shall be provided at a minimum rate of 1 space per independent living unit for
resident parking and 1 space per 4 independent living units for visitor parking; and 1
space per 2 employees based on the maximum number of employees engaged at any
one time at the aged care residence and 1 space per 5 beds or occupants of the aged
care residence.
52. A minimum of two clearly defined disabled car spaces shall be provided to service the
aged care residence and village community centre.
53. All staff carpark spaces shall be clearly defined by line marking each space with the
words “Staff Parking Only” and by sign posting each space with a similar wording.
54. All carparking shall be kept maintained and line-marked in a condition fit for use.
55. An emergency parking bay shall be available at all times in front of the community village
centre and the aged care residence.
56. Parking shall be provided for boats, trailers and caravans etc.
57. Visitor car parking shall be conveniently located to all independent living units, village
community centre and the aged care residence.
Earthworks
58. All excavation and filling works required on site must be carried out in accordance with
Council’s Planning Scheme Policy PSP5 – Engineering Design Standards. A
Development Permit for Operational Works shall be required.
59. Fill imported to the site may only be from a site licensed with The Environmental
Protection Agency or from a site for which a Development Permit for Operational Works
has been issued approving the export of fill.
60. A registered practicing Geotechnical Engineer shall test the existing ground conditions
for suitability of placing additional fill, prior to such fill being placed.
Filling works shall be restricted to the subject site itself, and the finished fill levels are to
taper to the existing levels on the property. Batters shall be at a maximum grade of 1:4
unless retained by an engineer-designed wall or approved retention method.
61. Following completion of the filling works and prior to endorsement of the Plan of Survey,
the registered practicing Geotechnical Engineer supervising the works shall submit
compaction tests across the entire filled areas and make recommendations if special
foundations requirements will apply.
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62. Earthworks carried out on site must not adversely affect the drainage conditions on any
other properties or existing roads. Filling works required on site shall not cause
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 affected properties (eg Lot1 RP165418) 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.
Vegetation Protection & Preservation
63. Vehicular pavements within the drip zone of any of the existing trees on site to be
retained shall be designed as a pervious pavement (such as grass paving cells or
similar), 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.
64. Where retained trees are located in areas proposed to filled on site (or are located on
neighbouring allotments to the actual site to be filled), there will be a need to prevent fill
material from being placed on the trees root system. To this end the design of the filling
works will need to incorporate terracing around the tree or a similar means of ensuring
that the natural ground level around the trees remains generally the same as existing.
These measures shall clearly be shown on the plans submitted for Operational Works
approval and any drainage required to drain these areas shall also be shown on the
plans.
Stormwater Drainage
65. A suitably qualified Registered Professional Engineer, specialising in hydraulics shall
prepare engineering drawings and specifications for stormwater designs and shall be
submitted in conjunction with an application for a Development Permit for Operational
Works.
66. Peak discharges of stormwater shall be managed generally in accordance with the
Concept Stormwater Management Plan for Cooroy Retirement Community Trading Post
Road, Cooroy prepared by Brown Consulting in Report No. B07056-02A Section 3, 4 &
5 dated December 2014 and any subsequent amendments approved by Council.
67. Stormwater pipelines within the site shall cater for 1 in 10 Years storm event and
secondary flowpaths shall be provided within the site to cater for 100 years storm event.
68. The development must not adversely impact on the existing drainage conditions on other
properties including not depriving dams on other properties of their natural stormwater
runoff.
69. Stormwater Quality Management shall be managed generally in accordance with Calibre
Consulting Report No. B14158.W-01A dated December 2014.
The stormwater quality Management Strategy is to meet the Water Quality Objectives as
specified under Healthy Waterways Water Sensitive Urban Design – Technical
Guidelines for South East Queensland (2006) as well as the State Planning Policy 2014
(SPP 2014) prior to release off site.
All stormwater runoff treatment must be undertaken within the development areas of the
site.
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70. Stormwater Quality Improvement Devices as detailed within the Concept Stormwater
Quality Management Plan for Cooroy Retirement Community Trading Post Road,
Cooroy prepared by Calibre Consulting No. B14158.W-01A dated December 2014 and
any updates approved by Council shall be installed within the development to ensure
compliance with the designated water quality objectives are achieved. Stormwater likely
to contain grease and oil (i.e. from car parking areas) shall be managed via grease and
oil arrestors prior to treatment within bioretention basins, wetlands and water quality
control ponds.
71. Wetlands and bioretention basins shall be designed and constructed in accordance with
Healthy Waterways Water by Design Construction and Establishment Guidelines:
Swales, Bioretention Systems and Wetlands February 2009.
72. A Stormwater Management Construction and Maintenance Plan (SMCMP) shall be
prepared ensure stormwater treatment infrastructure is performing its intended purpose.
The SMCMP shall be approved by the Council’s CEO or delegated officer prior to issue
of any Operational Works Approval. The SMMP shall specify:
72.1 visual performance indicators;
72.2 monitoring schedule to ensure specified performance indicators are achieved;
72.3 maintenance schedule for all elements of the stormwater treatment train;
72.4 reporting requirements;
72.5 corrective actions for noncompliance with performance indicators; and
72.6 responsibility framework.
Sewer Mains
73. The site must be connected to Unitywater’s existing sewerage reticulation system by
gravity, and be constructed in accordance with Unitywater’s standards and requirements
at no cost to Council or Unitywater. The sewer reticulation route is subject to detailed
investigations and liaison with Unitywater.
74. The sewer connection shall be generally in accordance with the Sewerage Layout Plan
Drawing No B14158-SK08: Sewerage Reticulation Layout Plan dated 19/12/14 by
Calibre Consulting. A Development Permit for operation works is provided.
75. A new sewer connection must be provided within the property boundary of Lot 4 RP
215922.
76. The applicant must provide written approval from all property owners through which
external sewers will traverse, to enter, construct and provide a sewer easement. This must
be submitted prior to the associated development application for Operational Works.
Water Supply
77. The site must 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.
78. Works be carried out in accordance with the approved findings of the water supply
network analysis by Worley Parsons and dated 10 June 2008
79. The existing 100mm diameter watermain within Pearson Road must be upgraded
between the existing 150mm diameter main in Carruthers Court to the existing 150mm
diameter main to the North in Pearsons Road
80. The water connection to the water reticulation system shall extend to the property boundary
and be metered. All fees for the supply of water meters shall be paid to the Council
81. For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the
development shall be served by:
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81.1 Single Body Corporate water meter to measure the total water consumption
(including fire hose reels, but excluding fire hydrants and fire sprinkler systems)
81.2 Individual water meters to each tenement capable of being separately rated. These
meters must be supplied and installed in accordance with Councils requirements
81.3 All water meters must be located in an easily assessable location to facilitate
unhindered reading by Council and/or Council’s contracted water meter readers,
and not behind fences or locked gates
81.4 A fire service (fully testable single detector check with metered bypass), where
applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose
reels)
82. Fire hydrants are to be provided throughout the development in accordance with Council
Engineering Design Standards and in accordance with Queensland Fire Service
Standards.
Service Easements
83. A registered easement shall be created over the zone of influence of the proposed sewer
mains within the subject site and on the adjoining property Lot 4 RP 215622. The
easements shall provide access to the Water Agency for future operations and
maintenance activities and restrict any construction over the sewer (Refer Standard
Drawings SEQ-SEW-1100-1 and SEQ-SEW1100-2 for typical easement installations).
Easements shall be provided along the full alignment of any gravity sewers located on
private property. Easements shall be centred over the pipe. The easement for gravity
sewers up to 3m deep and up to and including 300mm diameter shall be 3m wide.
Gravity mains greater than 300mm up to and including 600mm diameter and/or mains to
a depth of 5m, require a 6m wide easement. For mains that are deeper than 5m or
larger than 600mm diameter, the easement is to be 10m wide. Where a maintenance
structure is located on lot, a 1m wide easement along the side boundary from the front
boundary to the rear boundary for sewage purposes, is to be provided to facilitate
access to the structure.
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. The
applicant must be pay all costs associated with the acquisition and the registration of
easement/s.
84. Where sewer easements are necessary, 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.
Power Supply
85. An underground electricity service shall be provided to the site if not already provided.
In this regard, an approved ENERGEX Electrical Design Consultant shall work in
conjunction with Council’s Manager - Works Support to prepare detailed designs of the
electrical proposal.
The detailed deigns shall then be submitted to ENERGEX for approval and a copy of
their approval submitted to Council in conjunction with a “Certificate of Electricity Supply
for Proposed Subdivisions” (prepared by an approved ENERGEX Electrical Design
Consultant) prior to Council endorsing the Plan of Survey.
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Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant
shall be wholly at the applicant’s expense and shall not entail a financial encumbrance
on future purchasers of the proposed lots.
86. The requirements of ENERGEX shall be satisfied in relation to any existing services
traverse the site. Written confirmation by ENERGEX that satisfactory arrangements have
been made to formalise any required easements and/or existing informal services shall
be submitted prior to Council endorsing the Plan of Survey.
87. Streets lighting and pathways lighting throughout the development site must be provided
in accordance with Australian Standards.
88. Street lighting shall be provided along Pearsons Road frontage of the site in accordance
with Australian standards.
Telecommunication
89. The requirements for TELECOMMUNICATION services shall be satisfied in relation to
the provision of new telephone services to the developed site. In this regard written
confirmation from an approved telecommunication agency shall be submitted to the
Council prior to Council endorsing the Plan of Survey.
Erosion and Sediment Control
90. 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.
Contributions Towards Council Infrastructure
91. Monetary contributions shall be paid to Council towards the cost of providing and/or
upgrading various infrastructure at the rates applicable at the time of payment. An
estimate only of the contribution amounts under the current Council policies and
requirements is outlined in the table below:
PSP 17 PSP 16 PSP 20 Rural / Local PSP 12 TOTAL
Water Sewerage Pathway Roadworks Public (at CPI
STAGE Supply Headworks Trunk Open December
Headworks Network Space 2014)
(Park)
Stage 1a $185,879 $183,787 $33,382 $22,694 $72,876 $498,618
Stage 1b
(Aged Care $161,040 $158,522 $45,162 $15,151 $95,881 $475,756
Facility)
Stage 2 $322,908 $349,644 $58,711 $40,623 $128,170 $900,056
Stage 3 $165,594 $179,305 $30,108 $20,833 $65,728 $461,568
TOTAL = $835,421 $871,258 $167,363 $99,301 $362,655 $2,335,998
Please note that these amounts are all subject to variations in the Consumer Price
Index, All Groups Brisbane from December 2014 until the date of payment. All
contributions must be paid prior to commencement of use.
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General
92. 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.
93. Digital detailed designs including drawings, calculations, specifications and a schedule of
works, shall be submitted with any application for a Development Permit for Operational
Works in respect of roadworks and stormwater drainage works. The design shall be in
accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design
Standards – Roads, Drainage and Earthworks. To avoid conflict with underground pipes
or services, all existing and proposed services required by the development shall be
shown on the plans.
94. 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).
95. A construction management plan/strategy shall be prepared by a suitably qualified
Registered Professional Engineer and submitted to Council in conjunction with any
application for Operational Works. The construction management plan shall ensure no
damage occurs to Council services and that any adverse impact on the local area due to
the construction works is within the acceptable limit and properly managed to the
satisfaction of Council.
96. A Traffic Management Plan for the each separate demolition and construction phase of
the development shall be submitted to and approved by Council at least 5 working days
prior to the commencement of any Demolition or Building works or at least 5 working
days prior to the pre-start meeting for Operational Works. The Traffic Management Plan
shall include but not be limited to:
96.1 Mitigate any adverse impact and disturbance on the local residential area and on
the traffic in the local and main roads to acceptable limits;
96.2 Mitigate dust disturbance caused by vehicles and machinery movements;
96.3 Limiting the routes for the heavy vehicles to the major road network and limit the
use of the local roads within residential area as access to the site;
96.4 Indicate provision for on-site and off-site parking for the required workforce;
96.5 Indicate the location of loading and unloading areas;
96.6 Indicate the location of any “holding” areas for heavy vehicles and
96.7 Operating hours.
It is be noted that the Elm Street frontage of site shall not be used for access, parking or
loading and unloading during construction (and post construction) phase unless a
specific written permit obtained from the Department of Main Roads.
97. 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.
98. 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.
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99. 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.
100. 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
roadworks, pathway, sewer main, water supply main, finished ground levels and
pavement surface levels and drainage structures that will become Council asset. 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.
Waste Management
101. Deleted
102. Deleted
103. Deleted
104. Deleted
105. Deleted
106. Deleted
107. Deleted
108. A Waste Management Plan (construction and demolition) shall be submitted prior to
demolition, removal or relocation of any building other than a shed. Waste Management
Plan (construction and demolition) is also required for construction of 15 or more
dwelling units or for any business use of greater than 500m².
Waste Management Plans (construction and demolition) are required to be submitted in
accordance with Planning Scheme Policy 11, Waste Management Plans see table
below. Waste storage areas are to provide for adequate separation of all reusable,
recyclable and waste materials. These shall be located so that they are convenient and
safe to use. The Plan shall contain the following information:
The site area for the storage and separation of waste is to be shown on the plan
drawings accompanying the application.
A waste management table as indicated below is to be completed showing how
waste material is to be segregated - recycled – reused or disposed.
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132007.2398.02
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 or
recycling recycling outlet other disposal
methods site
Excavation material
Green waste
Bricks
Concrete
Timber-please specify
Plasterboard
Metals - please specify
Asbestos
Other - please specify
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be
completed by the demolition contractor.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the
effective reuse and recycling of such materials. Additionally Council rewards those who
segregate waste by significantly reducing disposal fees at the landfill some items are free. Higher
gate fees are charged for loads of mixed waste.
Mosquito Protection
109. Submit a Management Plan for the control of mosquitos from the three large water
basins, including form of construction of basins, vegetation in and along the shoreline,
on-going monitoring and eradication treatments. Plan is to be approved by Council’s
Environmental Health Section.
110. Doors and windows of the Aged Care Residence, Apartments, Community Centre and
Independent Living Units are to be fitted with insect screens.
Noise Management
111. The location and operational hours of mechanical plant equipment including domestic air
conditioning units, is not to create a noise nuisance to occupiers.
112. Noise from building works associated with residential development shall comply with the
following –
112.1 Limited to between 7:00am to 6:30pm Monday to Saturday.
112.2 All reasonable measures are taken to minimise noise emissions.
112.3 Not permitted on Sunday or public holidays.
113. All water taps from the onsite rainwater storage system are to be labelled “Not fit for
drinking”.
Additional Conditions 2 March 2015
Waste Management
114. A Waste Management Plan (Operational) in accordance with Planning Scheme Policy
No. 9 Waste Management must be submitted for the day-to-day operation of the
development and approved by Council’s Waste and Health Section prior to issue of
development permit for operational works.
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132007.2398.02
It is critical that waste areas are properly planned. A copy of Planning Scheme Policy
No. 9 Waste Management explaining exactly how to predict waste quantities and design
waste areas is available from Council and the web. The Plan shall include the following
information:
The types of waste 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.
A 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.
A description of types and volume of waste storage containers to be used.
The waste and recycling storage areas 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 at each storage area.
A detailed description of vehicular access to collect waste. Where collection is off
street, access must allow vehicles to enter and leave the site in a forward
direction.
115. The waste storage area for the resort (164 independent living units and clubhouse) must:
(a) Be located between the detention basin and bowling green car park with direct
access off Trading Post Road.
(b) Have a turning area suitable for a 12.5m length HRV.
(c) Be completed in time to accommodate the occupation of any stage 1A units.
(d) Be provided with additional waste and recycling receptacles as further stages are
completed.
116. The waste storage area for the 120-bed aged care facility must be located in one of the
service rooms directly adjacent to the loading bay driveway.
5 REFERRAL AGENCY CONDITIONS
The referral agency applicable to this application is:
Referral Trigger Referral Status Referral Agency and Address
100 metres of a State- Concurrence SARA at DSDIP
Controlled Road Mike Ahern Government Building
Railway Corridor Concurrence 12 First Avenue MAROOCHYDORE QLD 4558
Online: Mydas (at www.dsdip.qld.gov.au
A copy of any referral agency conditions was attached to the original approval.
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6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in Item 4
Consolidated Assessment Manager Conditions, Condition 1.
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1 The applicant is advised that development contributions and infrastructure charges
applicable to this development approval have been based on the following Uses Class/
Uses and applicable quantities:-
Existing Development Approved Development
Existing Use Existing Approved Use
Approved Quantity
Class / Use Quantity Class / Use
Stage 1a = 46 x (2 bed + study units)
(equivalent to 3 bed units)
Multiple Housing Stage 1b = 120 beds (aged care)
1 Lot & house (9,800 m2 gfa + 13,300m2 impervious)
Detached - Type 3 -
+
House Retirement & Stage 2 = 78 x (2 bed + study units)
1 Vacant Lot
Special Needs (equivalent to 3 bed units)
Stage 3 = 40 x (2 bed + study units)
(equivalent to 3 bed units)
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 The requirement for payment of infrastructure contributions has been assessed in
accordance with Council’s policy “Infrastructure Contributions (Charges) Rebates for
Eligible Community Organisations”. This approval is based on the organisation type and
purpose of development in accordance with Table 1 of the policy as detailed in the
contribution condition of the Development Permit.
4 The applicant is advised that a Compliance Permit for all plumbing and drainage works
within the boundaries of the development site shall be obtained from Council’s Plumbing
Services Section prior to obtaining a Development Permit for Building Works.
5 A separate loop of water main should be installed within the property boundary for domestic
and fire services. Fire hydrants and fire sprinklers are should be connected to the fire main.
Fire hose reels and the domestic supply to be connected to the metered domestic service.
6 The applicant is advised that this development may require the provision of fire hydrants
and a booster pump in accordance with the Building Code of Australia, and in
consultation with Queensland Fire Services to ensure suitable fire fighting infrastructure
is provided. To this end any necessary fire hydrants shall be clearly shown on the plans
submitted for both Operational Works and Building Works approvals and if a booster
pump is deemed necessary, the plans shall indicate where the fire truck is to be
accommodated in order to provide boosting to the water supply.
7 Deleted
8 The food operations at the Aged Care Facility and the Community Centre require:-
8.1 Plans and application is to be made to Council’s Environmental Health Section for
approval prior to any building approval, fitting out or use of the premises.
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132007.2398.02
8.2 A statement indicating the purpose of the food premises, type of food sold,
proposed menu and maximum number of patrons at any time, is to accompany the
application for plan approval.
8.3 Construction and use of the food premises should comply with Council’s Food
Premises Policy and the Food Safety Standards (both available from Council).
8.4 Toilets for customers and staff to be provided in accordance with Building Code of
Australia. Obtain advice from a building certifier on numbers and standards,
including disable access.
8.5 Plans and approval is required for any mechanical exhaust ventilation system,
which should comply with AS1668. A certificate from the installer certifying the
system complies with the Standard must be obtained and lodged with Council prior
to commencement of trade.
8.6 Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006,
must obtain a Food Licence from Council, prior to use of those premises.
9 The development should be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or
odours) nuisance or any other emissions in accordance with the nuisance provisions of
the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control
of Nuisances.
10 In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be
placed where it could reasonably be expected to move into a roadside gutter, storm
water drain or a watercourse. On the spot fines apply for such offences.
11 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.
12 Sunshine Coast Regional Council recommends that the following matters be considered
to address equitable access and facilities in the building:-
12.1 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;
12.2 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;
12.3 Any services and facilities in the building complex must allow independent,
dignified and equitable use of the services and facilities for all people.
12.4 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.
Additional Advisory Note 2 March 2015
13 This development is subject to an AICR Infrastructure Deed in respect of Payment of
Infrastructure Contributions.
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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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not Applicable
9 PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Subject of the required Development Permit
Permit required
Development Permit for All Building Works
Building Works
Development Permit for Landscaping, site civil works including earthworks, roadworks
Operational Works including works required by Department of Main Roads, access,
internal roads and carparking, stormwater drainage including dams
and underground stormwater harvesting tanks, frontage works
including pathways, sewer reticulation, water reticulation, erosion &
sediment control
11 SELF ASSESSABLE CODES
Not Applicable
12 SUBMISSIONS
There were 2 properly made submissions about the original development application. Please
refer to the Negotiated Decision Notice dated 24 June 2010 for the name and address of the
principal submitter for each properly made submission.
13 REASONS / GROUNDS FOR APPOVAL
Not Applicable
14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
the Sustainable Planning Act 2009 is attached.
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15 OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies of which are
available on line at www.noosa.qld.gov.au, or at Council offices.
DECISION NOTICE HISTORY
Original Decision Notice - 8 February 2010
Negotiated Decision Notice - 23 June 2010
Compiled Decision Notice – 24 June 2014
Change to Existing Approval – 2 March 2015
Yours faithfully
DENIS WALLACE
COORDINATOR - PLANNING
Encl. Appeal Rights
Approved Plans
Deed of Variation
cc Unitywater
SARA at DSDIP
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Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable
Planning Act 2009 (Chapter 7)
466 Appeals about decisions relating to
permissible changes
(1) For a development approval given for a
development application, the following persons
may appeal to the court against a decision on a
request to make a permissible change to the
approval—
(a) if the responsible entity for making the
change is the assessment manager for
the application—
(i) the person who made the
request; or
(ii) an entity that gave a notice
under section 373 or a pre-
request response notice about
the request;
(b) if the responsible entity for making the
change is a concurrence agency for the
application—the person who made the
request.
(2) The appeal must be started within 20 business
days after the day the person is given notice of
the decision on the request under section 376.
(3) Also, a person who has made a request under
section 369 may appeal to the court against a
deemed refusal of the request.
(4) An appeal under subsection (3) may be started at
any time after the last day the decision on the
matter should have been made.
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