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SUPERSEDED Decision Notice - 010.2006.00000823.001 [As Published] · 132006.823

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                                    Form 6 - Decision Notice
                                    INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION


 File No:    2006/823                            Date of Decision:    15 February 2007

1.    APPLICANT DETAILS

 Name:               Viridian Noosa Pty Ltd

 Postal address:     CARE Martoo Consulting Pty Ltd
                     PO Box 1684
                     NOOSA HEADS QLD 4567

 Phone no:           07 5455 5425             Fax no:     07 5455 5725

2.    PROPERTY DESCRIPTION

 Street address:     5 Morwong Drive, Noosa Heads

 Real property       Lot 113 SP 188650, County of March, Parish of Weyba
 description:

3.    OWNER DETAILS

 Name:               Viridian Noosa Pty Ltd

 Postal address:     GPO Box 2955
                     BRISBANE QLD 4001

4.    REFERRAL AGENCIES

 Referral Agency            Address                                                Basis
 Environmental              GPO Box 2771, Brisbane Qld 4001                        Concurrence Agency
 Protection Agency

 Department of Natural      PO Box 383, Gympie Qld 4570                            Concurrence Agency
 Resources & Water

5.    APPLICATION TYPE

 Development                Development Details                                Preliminary     Development
                                                                                Approval          Permit
 Material Change of Use     Visitor Accommodation - Type 4 Conventional            No               Yes
                            (Resort), Entertainment & Dining - Type 1 Food &
                            Beverages (Conference Room & Restaurant),
                            Retail Business - Type 2 Shop & Salon (Shop),
                            Commercial Business - Type 2 Medical (Health
                            Spa)

6.    DECISION DETAILS

Council on 15 February 2007 decided to approve the application and grant a Development Permit, subject to
conditions.

7.    APPLICABLE CODES

The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Advertising Devices Code.
Full text of the other 50 pages

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NOOSA COUNCIL IDAS Development Application Decision Notice                                                2 of 51

8.     SUBMISSIONS

Nine submissions were received (7 properly made and 2 not properly made). See attached list for properly made
submitters.

9.     CONDITIONS

The approval is subject to conditions. Noosa Council’s conditions are attached. Conditions from the
Environmental Protection Agency, as a concurrence agency are also attached.

10.    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, car parking and access, roadworks, frontage
                                                     works, stormwater drainage, site civil works, excavation of
                                                     materials, erosion & sediment control and filling of the site

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                                Date:      19/02/07




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                     3 of 51




                                    Noosa Council Conditions
                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


LAND USE
1.     The development permit for Material Change of Use of Premises is issued for an integrated Resort
       comprising:

       1.1.   Visitor Accommodation– Type 4 Conventional (Resort),

              1.1.1.    Resort residential buildings –192 Dwelling Units comprising:

                        1.1.1.1.   110 by 1 bedroom dwelling units;

                        1.1.1.2.   37 by 2 bedroom dwelling units;

                        1.1.1.3.   45 by 3+ bedroom dwelling units.

              1.1.2.    Ancillary resort reception and resort facilities as indicated on the approved plans.

       1.2.   Entertainment & Dining – Type 1 Food & Beverages (Conference Room & Restaurant),

       1.3.   Retail Business – Type 2 Shop & Salon (Shop),

       1.4.   Commercial Business – Type 2 Medical (Health Spa).

2.     Development undertaken in accordance with this approval must generally comply with the approved plans
       of development. The approved plans as may be amended by these conditions are prepared by JMA
       Architects; and dated; and numbered as listed in the following table:
             Plan No.                        Plan Title                            Version               Date
       1013-DA-00-01          MASTER PLAN - Valley Master Option 7                    4               30/082006
       1013-DA-00-02          MASTER PLAN - Valley Master CAS                         4               30/082006
       1013-DA-00-03          MASTER PLAN - Valley Aerial                             4               30/082006

       1013-DA-01-01          SITE PLAN - Basement                                     5              28/11/2006
       1013-DA-01-02          SITE PLAN - Level 1                                      5              28/11/2006
       1013-DA-01-03          SITE PLAN - Level 2                                      5              28/11/2006
       1013-DA-01-04          SITE PLAN - Level 3                                      5              28/11/2006
       1013-DA-01-05          SITE PLAN - Penthouses                                   5              28/11/2006
       1013-DA-01-06          SITE PLAN - Proposal Overlay                             5              28/11/2006
       1013-DA-01-07          SITE PLAN - Amenity Plan                                 5              28/11/2006
       1013-DA-01-08          SITE PLAN - Height Summary                               5              28/11/2006
       1013-DA-01-09          SITE PLAN – Carparking Plan                              5              28/11/2006

       1013-DA-02-01          SITE SECTIONS - Site Sections 1                          4              31/08/2006
       1013-DA-02-02          SITE SECTIONS - Site Sections 2                          4              31/08/2006
       1013-DA-02-03          SITE SECTIONS - Site Sections 3                          4              31/08/2006
       1013-DA-02-04          SITE SECTIONS - Site Sections 4                          4              31/08/2006
       1013-DA-02-05          SITE SECTIONS - Site Sections 5                          4              31/08/2006

       1013-DA-03-A-01        A BLOCK - Floor Plans                                    4              30/08/2006
       1013-DA-03-A-02        A BLOCK - Floor Plans                                    4              30/08/2006
       1013-DA-03-A-03        A BLOCK - Area Calculations                              4              30/08/2006
       1013-DA-03-A-04        A BLOCK - Elevations                                     4              30/08/2006
       1013-DA-03-A-05        A BLOCK - Sections                                       4              30/08/2006

       1013-DA-03-B-01        B BLOCK - Floor Plans                                    4              30/08/2006
       1013-DA-03-B-02        B BLOCK - Area Calculations                              4              30/08/2006




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             Plan No.                           Plan Title                        Version             Date
       1013-DA-03-B-03        B BLOCK - Elevations                                   4             30/08/2006
       1013-DA-03-B-04        B BLOCK - Section                                      4             30/08/2006

       1013-DA-03-C-01        C BLOCK - Floor Plans                                  4             30/08/2006
       1013-DA-03-C-02        C BLOCK - Floor Plans                                  4             30/08/2006
       1013-DA-03-C-03        C BLOCK - Area Calculations                            4             30/08/2006
       1013-DA-03-C-04        C BLOCK - Elevations                                   4             30/08/2006
       1013-DA-03-C-05        C BLOCK - Section                                      4             30/08/2006

       1013-DA-03-D-01        D BLOCK - Floor Plans                                  5             29/11/2006
       1013-DA-03-D-02        D BLOCK - Floor Plans                                  5             29/11/2006
       1013-DA-03-D-03        D BLOCK - Floor Plans                                  5             29/11/2006
       1013-DA-03-D-04        D BLOCK - Area Calculations                            5             29/11/2006
       1013-DA-03-D-05        D BLOCK - Area Calculations                            5             29/11/2006
       1013-DA-03-D-06        D BLOCK - Golden Door                                  5             29/11/2006
       1013-DA-03-D-07        D BLOCK - Elevations                                   5             29/11/2006
       1013-DA-03-D-08        D BLOCK - Elevations                                   5             29/11/2006
       1013-DA-03-D-09        D BLOCK - Sections                                     5             29/11/2006

       1013-DA-03-E-01        E BLOCK - Floor Plans                                  4             30/08/2006
       1013-DA-03-E-02        E BLOCK - Floor Plans                                  4             30/08/2006
       1013-DA-03-E-03        E BLOCK - Area Calculations                            4             30/08/2006
       1013-DA-03-E-04        E BLOCK - Area Calculations                            4             30/08/2006
       1013-DA-03-E-05        E BLOCK - Elevations                                   4             30/08/2006
       1013-DA-03-E-06        E BLOCK - Section                                      4             30/08/2006

       1013-DA-03-F-01        F BLOCK - Floor Plans                                  4             30/08/2006
       1013-DA-03-F-02        F BLOCK - Floor Plans                                  4             30/08/2006
       1013-DA-03-F-03        F BLOCK - Area Calculations                            4             30/08/2006
       1013-DA-03-F-04        F BLOCK - Area Calculations                            4             30/08/2006
       1013-DA-03-F-05        F BLOCK - Elevations                                   4             30/08/2006
       1013-DA-03-F-06        F BLOCK - Section                                      4             30/08/2006
       1013-DA-03-F-07        F BLOCK - Section                                      4             30/08/2006

       1013-DA-03-G-01        G BLOCK - Floor Plans                                  5             30/11/2006
       1013-DA-03-G-02        G BLOCK - Floor Plans                                  5             30/11/2006
       1013-DA-03-G-03        G BLOCK - Area Calculations                            5             30/11/2006
       1013-DA-03-G-04        G BLOCK - Section                                      5             30/11/2006
       1013-DA-03-G-05        G BLOCK - Elevations                                   5             30/11/2006

       1013-DA-03-H-01        H BLOCK - Floor Plans                                  5             30/11/2006
       1013-DA-03-H-02        H BLOCK - Floor Plans                                  5             30/11/2006
       1013-DA-03-H-03        H BLOCK - Floor Plans                                  5             30/11/2006
       1013-DA-03-H-04        H BLOCK - Area Calculations                            5             30/11/2006
       1013-DA-03-H-05        H BLOCK - Section                                      5             30/11/2006
       1013-DA-03-H-06        H BLOCK - Elevations                                   5             30/11/2006

       1013-DA-03-I-01        I BLOCK - Floor Plans                                  4             30/08/2006
       1013-DA-03-I-02        I BLOCK - Floor Plans                                  4             30/08/2006
       1013-DA-03-I-03        I BLOCK - Area Calculations                            4             30/08/2006
       1013-DA-03-I-04        I BLOCK - Elevations                                   4             30/08/2006
       1013-DA-03-I-05        I BLOCK - Section                                      4             30/08/2006

       1013-DA-03-J-01        J BLOCK - Floor Plans                                  4             30/08/2006
       1013-DA-03-J-02        J BLOCK - Floor Plans                                  4             30/08/2006
       1013-DA-03-J-03        J BLOCK - Area Calculations                            4             30/08/2006
       1013-DA-03-J-04        J BLOCK - Elevations                                   4             30/08/2006
       1013-DA-03-J-05        J BLOCK - Section                                      4             30/08/2006




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             Plan No.                            Plan Title                        Version                Date
       1013-DA-03-V-01         V BLOCK - Floor Plans                                  6                2/11/2006
       1013-DA-03-V-02         V BLOCK - Area Calculations                            5                2/11/2006
       1013-DA-03-V-03         V BLOCK - Elevations                                   5                2/11/2006
       1013-DA-03-V-04         V BLOCK - Sections                                     5                2/11/2006
       1013-DA-03-V-05         V BLOCK - Refuse Truck In                              5                2/11/2006
       1013-DA-03-V-06         V BLOCK - Refuse Truck Out                             5                2/11/2006
       1013-DA-03-V-07         V BLOCK - Detail Sections for Refuse                   5                2/11/2006
       1013-DA-03-V-08         V BLOCK – Kitchen plan                                 5                2/11/2006
       1013-DA-03-V-09         V BLOCK – Waste Management Area                        5                2/11/2006

       1013-DA-04-01           UNIT PLANS - Typical Resort Villas                     4              30/08/2006
       1013-DA-04-02           UNIT PLANS - Typical Resort Villas                     4              30/08/2006
       1013-DA-04-03           UNIT PLANS - Special Resort Villas                     4              30/08/2006
       1013-DA-04-04           UNIT PLANS - Special Resort Villas                     4              30/08/2006
       1013-DA-04-05           UNIT PLANS - Special Resort Villas                     4              30/08/2006
       1013-DA-04-06           UNIT PLANS - Typical Resort Units                      4              30/08/2006
       1013-DA-04-07           UNIT PLANS - Special Resort Units                      4              30/08/2006
       1013-DA-04-08           UNIT PLANS - Special Resort Units                      4              30/08/2006
       1013-DA-04-09           UNIT PLANS - Special Resort Units                      4              30/08/2006
       1013-DA-04-10           UNIT PLANS - Resort Apartment                          4              30/08/2006
3.     The proposed development is to provide a conference facility in accordance with the plans detailed in the
       letter dated 7 February 2007 by Viridian Noosa Pty. Ltd. The conference facility shall be in accordance
       with the plans numbered ‘a’, ‘b’, ‘c’, and ‘d’ and will provide for the following:
       Plan ‘a’                Super Banquet                 1 Banquet Dinner             800 Delegates
       Plan ‘b’                Classroom                     5-6 classrooms               564 Delegates
       Plan ‘c’                Breakout Conferences          6-8 workgroups               890 Delegates
       Plan ‘d’                Super Conferences             1 speaker                    964 Delegates
       The conference facility shall include the 90sq.m multi-media room and theatrette located in ‘D’ Block.
4.     The ‘A Block Building’ main wall shall be setback a minimum of 5 metres from the side boundary. The
       deck shall be setback a minimum of 2.93 metres from the northern side boundary, and the associated roof
       shall be setback a minimum of 2.65 metres with screening vegetation provided between Building A and
       the adjacent southern buildings located on Lot 13 on SP151409 to the satisfaction of the Manager of Land
       Use. The vegetation screening to be established in this area shall ensure visual privacy is provided to the
       adjoining villas, and filtered vegetation screening is provided to Building A from Main Beach.

5.     All buildings on site shall incorporate a minimum roof pitch of 5 degrees. Amended plans detailing any
       variations to roof levels resulting from this condition shall include amended building heights and shall be
       submitted to Council and be to the reasonable satisfaction of the Manager Land Use prior to the issue of a
       Development Permit for Operational Works.

6.     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.

7.     The open space and setback areas are to be landscaped in accordance with Council’s Policy on
       Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified
       Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being
       occupied and maintained at all times thereafter.

8.     Existing trees on the site and within road reserves are to be retained, except where required to be
       removed due to building operations or the conduct of the approved use. These landscape plans required
       to be submitted are to denote areas of existing vegetation or existing trees proposed/required to be
       retained.

9.     Cleared vegetation is to be suitably processed by the following method on site:-

       9.1.   Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled loose in
              heaps less than 2.5 metres high with a minimum of 10 metres between edges of heaps;

       9.2.   Utilised for on site landscaping and stabilisation purposes;




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       9.3.   The Applicant is advised that burning off is an unacceptable method of disposal.

10.    Any advertising sign or device is to comply with Council's policies on advertising.

11.    Secure bicycle racks shall be provided on site to accommodate a minimum of 20 bicycles. The proposed
       bicycle racks shall be designed in accordance with Australian Standards. The racks shall be identified on
       the landscaping plans and shall be located to the reasonable satisfaction of the Manager, Land Use.

12.    A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged
       with Council at completion of work confirming compliance with the maximum allowable building height as
       required by either the conditions of approval or the Planning Scheme.

13.    The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA
       Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating
       and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to
       comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not
       exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this
       requirement.

14.    Security in the form of a cash bond or trading bank guarantee to the sum of $1,000,000 must be
       submitted, to secure performance of all conditions of this approval, prior to the issue of a Development
       Permit for Operational works. The cash bond or trading bank guarantee will be returned on performance
       of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this
       permit.

15.    The requirements of this development approval are to be effected, prior to the use of the premises.
       Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect
       compliance with conditions.

16.    The Development Permit for a material change of use of premises lapses if the use has not happened by
       15 February 2011, unless an application to extend the currency is approved by Council.

17.    The developer must obtain all of the other Development Permits referred to in the Decision Notice
       including all retaining wall construction, prior to obtaining a Development Permit for Building Works.

18.    Roof runoff shall be directed to a rainwater storage system or tank to buildings as nominated on the
       approved plans (minimum storage 3000 litres per villa for Blocks A, B, C, E, F, & J containing 39 resort
                                                                                                                2
       villas, and for Blocks D, G, H, & I which contain 153 units provide minimum storage based on 12 litres/m
       of total roof area) that is plumbed to service the toilets and landscaping. The design of the rainwater
       storage system where above ground and in external tanks shall be earthy colours and designed to the
       satisfaction of the Manager – Plumbing Services.

19.    All of the Conditions are integral to and non-severable from the development approval. In the
       interpretation of these Conditions or the exercise of any discretion by the Council or its officers, the
       overriding consideration shall be to ensure that the visual and environmental impact of the Development
       on the Site is minimal and to enhance and maintain the Environmental Values of the Site.
Development Parameters
20.    The Development shall be undertaken strictly in accordance with the development parameters specified
       below, except where otherwise specified in these conditions:
       A Block
                   Development Parameter                                  Required Standard
       Building Height (Storeys)                           3 storeys maximum
       Building Height                                     not to exceed RL 47.3
       Site Cover                                          not to exceed the site cover for Block A as
                                                           shown on the Approved Plans
       Gross Floor Area                                    not to exceed the gross floor area for Block A
                                                           as shown on the Approved Plan
       Building Colours                                    external colours as specified in these conditions
                                                           will be selected to integrate with the colours of
                                                           the natural environment
       Building Materials                                  colorbond roofs, aluminium window frames,
                                                           lightweight external wall cladding, non-reflective
                                                           window glass and masonry elements in the
                                                           base, timber or metal posts and handrails




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                   Development Parameter                              Required Standard
       Configuration of Units                            4 x 4 Bedroom Units
       B Block
                   Development Parameter                                Required Standard
       Building Height (Storeys)                         2 Storeys maximum
       Building Height                                   not to exceed RL 49.0
       Site Cover                                        not to exceed the site cover Block B as shown
                                                         on the Approved Plans
       Gross Floor Area                                  not to exceed the gross floor area for Block B
                                                         as shown on the Approved Plans
       Building Colours                                  External colours as specified in these
                                                         conditions will be selected to integrate with the
                                                         colours of the natural environment
       Building Materials                                colorbond roofs, aluminium window frames,
                                                         lightweight external wall cladding, non-reflective
                                                         window glass and masonry elements in the
                                                         base, timber or metal posts and handrails
       Configuration of Units                            3 x 3 Bedroom Units
       C Block
                   Development Parameter                                Required Standard
       Building Height (Storeys)                         3 storeys maximum
       Building Height                                   not to exceed RL 51.0
       Site Cover                                        not to exceed the site cover for Block C as
                                                         shown on the Approved Plans
       Gross Floor Area                                  not to exceed the gross floor area for Block C
                                                         as shown on the Approved Plans
       Building Colours                                  external colours as specified in these conditions
                                                         will vary between buildings and also within each
                                                         building
       Building Materials                                colorbond roofs, aluminium window frames,
                                                         lightweight external wall cladding, non-reflective
                                                         window glass and masonry elements in the
                                                         base, timber or metal posts and handrails
       Configuration of Units                            8 x 4 Bedroom Units
       D Block
                   Development Parameter                                Required Standard
       Building Height (Storeys)                         4 storeys maximum
       Building Height                                   not to exceed RL 53.5
       Site Cover                                        not to exceed the site cover for D Block as
                                                         shown on the Approved Plans
       Gross Floor Area                                  not to exceed the gross floor area for D Block
                                                         as shown on the Approved Plans
       Building Colours                                  external colours as specified in these conditions
                                                         will be selected to integrate with the colours of
                                                         the natural environment
       Building Materials                                colorbond roofs, aluminium window frames,
                                                         predominately concrete slab on ground with
                                                         masonry construction with render texture finish
       Configuration of Units                            8 x 3 Bedroom Units
                                                         3 x 1 Bedroom Units
       E Block
                   Development Parameter                                Required Standard
       Building Height (Storeys)                         2 storeys maximum
                                                         3 storeys for Unit 5108e
       Building Height                                   Unit 1 not to exceed RL 60.7
                                                         Unit 2 not to exceed RL 60.3
                                                         Unit 3 not to exceed RL 59.8
                                                         Unit 4 not to exceed RL 59.3
                                                         Unit 5 not to exceed RL 58.8
                                                         Unit 6 not to exceed RL 58.3
                                                         Unit 7 not to exceed RL 58.1
                                                         Unit 8 not to exceed RL 58.7
       Site Cover                                        not to exceed the site cover for E Block as
                                                         shown on the Approved Plans




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                  Development Parameter                                 Required Standard
       Gross Floor Area                                  not to exceed the gross floor area for E Block
                                                         as shown on the Approved Plans
       Building Colours                                  external colours as specified in these conditions
                                                         will be selected to integrate with the colours of
                                                         the natural environment
       Building Materials                                colorbond roofs, aluminium window frames,
                                                         lightweight external wall cladding, non-reflective
                                                         window glass and masonry elements in the
                                                         base, timber or metal posts and handrails
       Configuration of Units                            8 Units comprising
                                                         7 x 3 Bedroom units
                                                         1 x 4 Bedroom unit
       F Block
                   Development Parameter                                Required Standard
       Building Height (Storeys)                         2 storeys maximum
                                                         3 Storeys for units 6-108g and 6-1089f
       Building Height                                   Units 1 & 2 not to exceed RL 49.3
                                                         Units 3-5 not to exceed RL 50.8
                                                         Units 6 & 7 not to exceed RL 51.1
                                                         Unit 8 not to exceed RL 54.8
                                                         Unit 9 not to exceed RL 55.3
       Site Cover                                        not to exceed the site cover for F Block as
                                                         shown on the Approved Plans
       Gross Floor Area                                  not to exceed the gross floor area for F Block as
                                                         shown on the Approved Plans
       Building Colours                                  external colours as specified in these conditions
                                                         will be selected to integrate with the colours of
                                                         the natural environment
       Building Materials                                colorbond roofs, aluminium window frames,
                                                         lightweight external wall cladding, non-reflective
                                                         window glass and masonry elements in the
                                                         base, timber or metal posts and handrails
       Configuration of Units                            9 Units Comprising:
                                                         2 x 2 Bedroom Units
                                                         7 x 3 Bedroom Units
       G Block
                   Development Parameter                                Required Standard
       Building Height (Storeys)                         4 storeys maximum
       Building Height                                   not to exceed RL 53.7
       Site Cover                                        not to exceed the site cover for G Block as
                                                         shown on the Approved Plans
       Gross Floor Area                                  not to exceed the gross floor area for G Block
                                                         as shown on the Approved Plans
       Building Colours                                  external colours as specified in these conditions
                                                         will be selected to integrate with the colours of
                                                         the natural environment
       Building Materials                                colorbond roofs, aluminium window frames,
                                                         predominately concrete slab on ground with
                                                         masonry construction with render texture finish
       Configuration of Units                            62 Units Comprising
                                                         16 x 2 Bedroom units
                                                         46 x 1 Bedroom units
       H Block
                   Development Parameter                                Required Standard
       Building Height (Storeys)                         4 storeys maximum
       Building Height                                   not to exceed RL 48.5
       Site Cover                                        not to exceed the site cover for H Block as
                                                         shown on the Approved Plans
       Gross Floor Area                                  not to exceed the gross floor area for H Block
                                                         as shown on the Approved Plans
       Building Colours                                  external colours as specified in these conditions
                                                         will be selected to integrate with the colours of
                                                         the natural environment
       Building Materials                                colorbond roofs, aluminium window frames,




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                   Development Parameter                                Required Standard
                                                           predominately concrete slab on ground with
                                                           masonry construction with render texture finish
       Configuration of Units                              30 Units Comprising
                                                           22 x 1 Bedroom units
                                                           8 x 2 Bedroom units
       I Block
                   Development Parameter                                  Required Standard
       Building Height (Storeys)                           3 storeys maximum
       Building Height                                     not to exceed RL 39.0
       Site Cover                                          not to exceed the site cover for I Block as
                                                           shown on the Approved Plans
       Gross Floor Area                                    not to exceed the gross floor area for I Block as
                                                           shown on the Approved Plans
       Building Colours                                    external colours as specified in these conditions
                                                           will be selected to integrate with the colours of
                                                           the natural environment
       Building Materials                                  colorbond roofs, aluminium window frames,
                                                           predominately concrete slab on ground with
                                                           masonry construction with render texture finish
       Configuration of Units                              50 Units comprising
                                                           39 x 1 Bedroom Units
                                                           11 x 2 Bedroom Units
       J Block
                   Development Parameter                                  Required Standard
       Building Height (Storeys)                           3 storeys maximum
       Building Height                                     not to exceed RL 38.0
       Site Cover                                          not to exceed the site cover for J Block as
                                                           shown on the Approved Plans
       Gross Floor Area                                    not to exceed the gross floor area for J Block as
                                                           shown on the Approved Plans
       Building Colours                                    external colours as specified in these conditions
                                                           will be selected to integrate with the colours of
                                                           the natural environment
       Building Materials                                  colorbond roofs, aluminium window frames,
                                                           lightweight external wall cladding, non-reflective
                                                           window glass and masonry elements in the
                                                           base, timber or metal posts and handrails
       Configuration of Units                              7 Units comprising
                                                           1 x 3 bedroom unit
                                                           7 x 4 bedroom units
       V Block
                   Development Parameter                                  Required Standard
       Building Height (Storeys)                           2 storeys maximum
       Building Height                                     not to exceed RL 40.9
       Site Cover                                          not to exceed the site cover for V Block as
                                                           shown on the Approved Plans
       Gross Floor Area                                    not to exceed the gross floor area for V Block
                                                           as shown on the Approved Plans
       Building Colours                                    external colours as specified in these conditions
                                                           will be selected to integrate with the colours of
                                                           the natural environment
       Building Materials                                  colorbond roofs, aluminium window frames,
                                                           predominately concrete slab on ground with
                                                           masonry construction with render texture finish
       The abovementioned development parameters shall be contained in the community management
       statement of any or all relevant bodies corporate having control of any part of the Site.
       Building heights above shall be measured to exclude any variation resulting from the requirements of
       Condition 4.
       The range of building materials above are indicative with the intents that Blocks A, B, C, E, F & J are to be
       of light-weight material construction whereas the other blocks include masonry with light-weight infill as
       required.




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Buffer to Intermittent Creek
21.      Building I, Building H and Building G, and Building F and associated decks, eaves and balconies must be
         located at least 10 metres measured horizontally from the centre line of the intermittent creek.

22.      Site rehabilitation along the intermittent creek shall be extended beyond the boundary of the Resort
         Private Open Space Area in the vicinity of the Intermittent Creek to between the Buildings I, H, G, and F
         and along the setback from the intermittent creek to the Building G and Building I, except where the
         ornamental pool is located.
Resort
23.      The Resort (comprising the Restaurant and Conference Room Facility Building V, Health Spa, Resort
         Accommodation Buildings (dwelling units & accommodation units), Reception Area and Shop) shall be
         operated and maintained as a Resort. The accommodation in the Resort will not be used for the purpose
         of permanent residential accommodation, with the exception of the Manager’s Accommodation. The
         resort shall operate in accordance with the defined use of ‘Visitor Accommodation - Type 4 Conventional’
         in the Noosa Plan which provides for short term visitor accommodation. The community management
         statement for any or all bodies corporate having control of the Resort or any part thereof shall incorporate
         this condition.
Colours
24.      The colours of the buildings on Site shall be muted tones of browns, greens and greys selected from the
         following colour palette:
             Roofs (Colorbond)                         Walls                              Balcony Ceilings
            Woodland Grey            Spotted Gum Palette as included in the      Woodland Grey or charcoal for
                                     application, with ‘jma white’ not to be     Buildings A, B, C, D, E, J on north
                                     visible from outside the site.              and western sides.
         The Manager – Land Use may agree to a variation of the colour palette where such variation is
         complimentary to and reflects the natural environment within which a building is situated.
Buildings
25.      The following requirements apply to the Resort Restaurant and Conference Facilities Building:

         25.1. No temporary or permanent structures are to be erected on the outside deck including marquees,
                                                                                                  2
               but not including temporary umbrellas that are not joined and not exceeding 9m in area, or
               lightweight retractable awnings in subdued colours.

         25.2. The western boundary of the restaurant/ conference room deck shall have acoustic louvre
               screening installed as indicated on the approved plans.

26.      The following requirements apply to the Resort Residential Buildings I, H, G, and F:

         26.1. Lighting to the outside balconies shall be hooded and directed downwards so as to minimise any
               adverse effects of glare or direct light nuisance on Lot 27, and to reduce the impact on wildlife in
               the intermittent creek private open space area.

         26.2. The pool located between Building I and Building H shall be for ornamental purposes only.

27.      The following requirements apply to the Resort Residential Buildings:

         27.1. There are to be no rooftop terraces, spas or barbeques on the roof of any buildings on the Site.
Architectural Parameters
28.      The architectural parameters specified in these conditions are to be strictly applied to the Development on
         Site.

29.      All buildings shall be stepped and terraced in horizontal and vertical planes as indicated on approved
         plans.

30.      Any deck or balcony areas are not to be enclosed with fixed shutters, glass panelling or the like, thus
         remaining as open structures with balustrades, except as shown on the approved plans for Building V
         where fixed louvre blades are provided on the western side. Any sunscreens or privacy screens are to be
         retractable so as not to permanently enclose these areas. The villas shall have at least 2 sides of the
         deck open with balustrades only provided. All deck areas are to remain open when not in use.




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31.    All building construction and materials shall have regard to the objective of providing lightweight buildings
       and causing minimal impact on visual amenity or the environmental values of the site, except where
       otherwise specified in the approved plans or in these conditions.

32.    The roof shapes and forms shall be in accordance with the approved plans as amended by these
       conditions or as otherwise agreed by the Manager – Land Use.

33.    The orientation and location of the buildings shall be in accordance with the approved plans.

34.    The architectural treatments (eg decks, shutters, roof overhangs, pitch of roofs, windows, façade
       treatment, articulation of buildings and roofs, roof form, orientation, fenestration) shall be undertaken in
       accordance with the approved plans as amended by these Conditions or as otherwise agreed by the
       Manager – Land Use.

35.    The developer shall submit full colour western elevation plans for Building I detailing:

       35.1. the visual break up of the western building facade by incorporating different complimentary
             colours, textures, and building materials.

       35.2. The plans shall be submitted to Council for approval in conjunction with the application for
             Operational Works.

36.    The Manager – Land Use may agree to a variation or dispensation of any of the architectural parameters
       where such variation or dispensation is reasonable having regard to the effect of building design in
       accordance with the Architectural Sketch Drawings or such variation or dispensation makes provision for
       passive solar design. The Manager - Land Use will act reasonably in making this decision.

37.    The high level pool located to the east of Building B as indicated on the approved plans shall utilise stone
       cladding on the visible side of the retaining walls and pool retaining wall. The stone shall be of the colour
       of the local rock and of a subdued colour. Vegetation shall be used to effectively screen the retaining
       walls in this area.

38.    No shade structures or gazebo shall be erected in the vicinity of the high level pool and lookout located to
       the east of Building B. Temporary umbrellas used in this area shall be of dark colours.
Energy Efficiency and Ecological Sustainability
39.    All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
       (LPG or natural) or combination of the above, unless not suitable in areas for the preparation of food for
       the restaurant.

40.    The Developer shall incorporate the principles and practices of renewable energy, energy efficiency and
       ecological sustainability in the design, construction and operation of the Development. The Developer
       shall submit a report prepared by a suitably qualified consultant experienced in energy efficiency design
       for approval by the Manager - Land Use prior to lodgement of each application for building works
       addressing how the issues included in these conditions and the principles and practices of energy efficient
       design and renewable energy are incorporated in the design of the buildings. In undertaking the design of
       all buildings, the Developer shall include:

       40.1. the use of energy efficient design techniques in the construction of the building;

       40.2. the installation of energy efficient hot water systems (solar and gas booster, or electric heat pump);

       40.3. solar or gas energy for the heating of swimming pools;

       40.4. the use of low energy bulbs;

       40.5. model energy consumption requirements of the building and its services including passive solar
             design and how industry best practice energy consumption standards can be achieved;

       40.6. the use of passive solar building design;

       40.7. the use of cross ventilation and insulation to reduce/eliminate the need for air-conditioning and the
             use of in ground heat exchange systems for air-conditioning;




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       40.8. the use of appropriate building materials, where possible, to provide the most effective, “thermal
             mass” and insulation to reduce heating and cooling costs, controlling solar access to thermal mass
             using overhangs and shading/screens with unshaded external thermal mass to be avoided. The
             use of lightweight building materials is to be maximised wherever practical;

       40.9. the use of adjustable or hinged/sliding screens to balance views versus sunlight access;

       40.10. the use of natural ventilation of basement car parking;

       40.11. the use of energy efficient pumps for roof water systems;

       40.12. the use of window openings to optimise available natural light;

       40.13. the location of solar panels in a manner that does not result in reflection or an appearance that
              adversely affects the visual amenity of the Site or the architectural theme of the buildings;

       40.14. the installation of site water re-use tanks as required in these conditions;

       40.15. the use of spectrally selective and / or low emissivity glass shall be incorporated where appropriate
              in the detailed design, so as to reduce heat transmission to and from buildings.

41.    In addition to applying the principles of ecological sustainability to the design and construction of
       operational works and building works, the Developer shall specifically:-

       41.1. prepare and implement the environmental management plan;

       41.2. perform the sedimentation and erosion measures;

       41.3. install the barrier fencing to protect vegetation and habitat;

       41.4. maintain rehabilitation works at the expiry of the existing site rehabilitation maintenance period for
             relevant areas within Lot 113 on SP188650;

       41.5. undertake the landscaping works;

       41.6. create the desired habitat in the freshwater habitat pond on the western edge of the Site;

       41.7. undertake the site decontamination works as proposed with relocation of this material off- site if
             necessary;

       41.8. as required by these Conditions.

42.    In establishing and operating the Development, the Developer shall include:

       42.1. an estimation of the energy requirements of the on-site uses, and an estimate of the percentage of
             this that can be provided from renewable energy sources generated on-site (preferably a minimum
             of 30%), and shall include diagrams and the location of any solar panels which shall be non-
             reflective and not detrimentally impact on the visual amenity of the buildings:

       42.2. the use of low energy bulbs in street lighting and lighting for internal pathways and walkways is to
             be solar powered, where possible. Security lighting is to operate by movement sensors to lights in
             areas that are infrequently used or are used for only short periods:

       42.3. installation of energy efficient hot water systems (solar and gas booster; or electric heat pump)
             having at least a 3.5 star energy efficient rating, and solar or gas energy for the heating of
             swimming pools;

       42.4. the use of appliances having the lowest energy rating, including but not limited to, shower roses,
             light fittings, heaters, refrigerators, microwave ovens and clothes driers;

       42.5. any buggies associated with the operation of the Resort are to be electrical or gas powered;

       42.6. lighting for internal pathways and walkways is to be solar powered, where possible;




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       42.7. the installation of power saving devices in the development;
       The Developer shall submit a report for approval by the Manager – Land Use prior to the commencement
       of use which demonstrates how the issues specified in this condition have been incorporated into the
       operational phase of the Development.
43.    In establishing and operating the Development, the Developer shall provide:

       43.1. staff and guest education programs to encourage participation in energy use reduction activities in
             the Resort;

       43.2. for the encouragement of guests of the Resort to walk or cycle in preference to the use of vehicles
             to be achieved by the construction of pedestrian walkways and provision of bicycles for use by
             guests of the Resort.
Staging
44.    The construction of the Resort components shall not be staged.
Lighting
45.    The Development must meet the lighting design requirements contained in:

       45.1. Electricity Act 1994 (Qld);

       45.2. Electricity Regulation 1994 (Qld);

       45.3. Workplace Health and Safety Act 1995 (Qld);

       45.4. Environment Protection Regulation 1998;

       45.5. Council’s Local Laws;

       45.6. Energex URD Guidelines and general requirements;

       45.7. Building Code of Australia;

       45.8. Australian Standards AS 3000 - Wiring Rules;

       45.9. Australian Standards AS 1158 – The lighting of urban roads and other public thoroughfares; and

       45.10. Australian Standards AS 4282 – Control of obtrusive effects of outdoor lighting.

46.    The level of illumination, at a distance of 1.5 metres outside the boundary of the site, resulting from direct,
       reflected or other incidental light emanating from the site shall not exceed eight lux measured at any level
       upwards from ground level.

47.    Lighting on Alma Way shall be hooded and directed downwards so as to minimise any adverse effects of
       glare or direct light nuisance on all adjacent allotments, but must achieve a minimum level of illumination
       consistent with the safety of pedestrians and vehicles.

48.    Lighting to Public Walkways and pedestrian /buggy paths, where required, is to be low level bollard type
       lighting, down lighting or foot lights that achieve the minimum of illumination and light spillage consistent
       with safety for pedestrians and vehicles. The Public Walkways must only be lit between Morwong Drive
       and the Building E & F.

49.    Lighting to the Resort Building V is to be directed downwards to minimise any adverse effects of glare or
       direct light nuisance on all adjacent allotments.

50.    Lighting of the Resort Dwelling Units and Accommodation Units and Restaurant is to be screened or
       shielded from any outward projection to the downwards angle so that the light source is not seen from
       outside the Site. Security lighting (such as floodlighting), driveway lighting, landscape lighting and lighting
       of the grounds are to be screened from any horizontal or downwards projection beyond the angle needed
       to allow coverage only of the ground within each allotment and so as predominately not to be seen from
       outside the Site.




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Water
51.     Sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be
        placed where it could reasonably be expected to move into a roadside gutter, stormwater drain or a water
        course.

52.     The Developer is advised that in accordance with the Environmental Protection Act 1994 all waste water
        from any excavations or de-watering activities must be treated to remove suspended solids (<50mg/L)
        and maintain the pH within an acceptable range of 6.5-8.5 to ensure contaminants are not released. The
        appropriate monitoring of any waste water discharges shall be undertaken by the Developer.
Protection of Visual and Aesthetic Values
53.     The Landscape Management Report, the Site Rehabilitation Plan, the Environmental Management Plan
        and the Construction Management Plan shall specify the manner in which the visual and aesthetic values
        of the site and the adjoining National Park will be protected and enhanced and the manner in which
        buildings, roads and pathways will be visually screened and visually integrated into the landscape..

54.     Only minor pruning will be permitted of existing tree branches protruding beyond the 10m setback line
        under the supervision of the site arborist. The degree of pruning required will be submitted for approval in
        conjunction with an application for operational works.

55.     No earthworks (fill or cut or earth-spill) shall occur within the 10m intermittent creek setback line.

56.     Retaining walls are to be designed and constructed to provide bridging footing structures as necessary to
        avoid root damage to retained trees.

57.     Upper level pool and lookout earthworks are to be minimal in scale and extent and localised to the
        footprint of the immediate construction. The pool is to be a maximum of 12m long by 4 in size.
        Earthworks are to be temporarily screened from Hastings Street utilising black or dark green shade cloth
        or equivalent material until construction work in this area is fully stabilised. Disturbed soil in this area is to
        be fully stabilised within 10 business days of initial disturbance with either a temporary or permanent
        treatment.

58.     The fence colour of the upper level pool located to the east of Building B shall be non reflective and
        charcoal/ woodland grey in colour. The retaining wall for the pool is to be clad in dark coloured rock, with
        native plantings located in front of it to provide screening.

59.     No shade structures or gazebo shall be erected at the lookout or upper level pool behind Building B. Only
        black, dark brown or navy blue coloured umbrellas shall be used in the vicinity of this pool.

60.     Trees to be removed shall be in accordance with the approved plans.

61.     Disturbance of the upper eastern area of the site to construct the boulder gabion walls shall minimise the
        disturbance to existing native trees and their roots wherever possible. Suitable techniques will be utilised
        to minimise disturbance and damage to this area. Rocks utilised will be grey in colour, with non-reflective
        wire cages.
Environmental Management Plan
Preparation
62.     An environmental management plan (EMP) for the Site shall be prepared and implemented by persons
        holding appropriate environmental and construction engineering qualifications and proven expertise in the
        preparation and implementation of EMPs, to ensure that the impact on the environment of the carrying out
        of the Development is minimised, the Environmental Values of the Site are protected and enhanced and
        the Development is ecologically sustainable.

63.     The EMP shall document in detail how compliance with the Conditions is to be achieved.

64.     The EMP shall demonstrate a high level of environmental care and responsibility and be consistent with
        best practice for developments of this type in similar environments.

65.     The EMP shall detail the Developer’s environmental policy and the proposed environmental management
        system for the Site.

66.     The EMP shall specify to the reasonable satisfaction of the Manager – Land Use:




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       66.1. the performance targets, including those derived from the Conditions and other requirements
             arising from legislation and other approvals;

       66.2. how the performance targets are to be achieved;

       66.3. who is responsible;

       66.4. when the performance targets will be satisfied;

       66.5. how performance will be monitored;

       66.6. reporting arrangements;

       66.7. auditing arrangements;

       66.8. how the requirements are to be incorporated into construction and works contracts;

       66.9. how the Developer’s employees, contractors and the contractor’s employees will be informed and
             trained with respect to the environmental protection requirements;

       66.10. enforcement; and

       66.11. penalties for non-compliance.

67.    The EMP shall include a construction management plan for the Development prepared for the Site by a
       suitably qualified consultant. This construction management plan shall be specific for the resort
       construction and shall address the following issues to the reasonable satisfaction of the Manager – Land
       Development:

       67.1. construction staging and timing;

       67.2. access and construction vehicle parking and traffic management;

       67.3. water quality protection;

       67.4. vegetation management & protection of vulnerable plant species;

       67.5. fauna habitat and fauna corridor management;

       67.6. environmental management in accordance with the Conditions and the EMP;

       67.7. environmental protection requirements to be specified in all construction, rehabilitation,
             landscaping and works contracts;

       67.8. environmental safeguards and contingency plans to deal with accidental events and acts of god (ie
             floods, landslides etc);

       67.9. ensure that disturbed areas are confined to development areas and shall not encroach into the 10
             metre setback to the creek (including stockpiling and temporary works);

       67.10. safety;

       67.11. responsibilities;

       67.12. induction and training, including environmental protection requirements;

       67.13. staged sediment and erosion control;

       67.14. work hours;

       67.15. legislative compliance;

       67.16. geotechnical requirements including stability of the Site;




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       67.17. aquatic ecosystem protection;

       67.18. air, noise and vibration management;

       67.19. vehicle wash down requirements;

       67.20. on-site machinery and vehicle storage;

       67.21. vehicle and machinery maintenance;

       67.22. on-site storage of excavated materials;

       67.23. on-site storage of topsoil, mulch and other landscaping supplies;

       67.24. storage and handling of dangerous goods on site;

       67.25. on-site storage of construction materials;

       67.26. bushfire prevention in accordance with the Fire Management Plan;

       67.27. weed and pest control;

       67.28. waste management;

       67.29. prevention of spills and emergency response;

       67.30. soil contamination;

       67.31. groundwater protection;

       67.32. visual amenity protection;

       67.33. cultural heritage management;

       67.34. monitoring requirements;

       67.35. identification of incidents and failures;

       67.36. corrective action and contingency measures;

       67.37. community liaison;

       67.38. audit and review procedures.

68.    The EMP shall include a operational management plan for the Development prepared for the Site by a
       suitably qualified consultant. This operational management plan shall be specific for the resort and shall
       address the following issues to the reasonable satisfaction of the Manager – Land Use:

       68.1. soil erosion and sediment control;

       68.2. geotechnical requirements including long term stability of the Site;

       68.3. air, noise and vibration management;

       68.4. traffic management including traffic generation, egress and access;

       68.5. groundwater protection;

       68.6. vegetation protection;

       68.7. protection of vulnerable plant species;

       68.8. fauna, fauna habitat and fauna corridor protection;




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       68.9. aquatic ecosystems protection;

       68.10. on-site vehicle storage and machinery maintenance;

       68.11. storage and handling of dangerous goods on site;

       68.12. bushfire prevention and control in accordance with the Fire Management Plan;

       68.13. weed and pest control;

       68.14. water quality protection;

       68.15. waste management;

       68.16. prevention of spills and emergency response;

       68.17. visual amenity protection;

       68.18. monitoring requirements;

       68.19. identification of incidents and failures;

       68.20. corrective action and contingency measures;

       68.21. audit and review.
Approval
69.    The EMP shall be submitted for approval to Council in conjunction with an application for Operational
       Works for the Site.

70.    The Developer shall not commence any development on Site until the EMP is approved by the Manager –
       Land Use. The approval of the Manager – Land Use is not to be unreasonably withheld.

71.    The Developer may amend the construction management plan only with the prior written approval of the
       Manager – Land Use, which is not to be unreasonably withheld.
Implementation
72.    The Developer shall comply with the EMP and compliance with the EMP shall be addressed by the
       community management statement of any or all bodies corporate having control of any part of the Site.
Revision
73.    The Developer may amend the EMP only with the prior written approval of the Manager – Land Use,
       which is not to be unreasonably withheld.

Site Rehabilitation Plan

74.    The Site Rehabilitation Plan Rev. 1 dated 11.7.2003 shall be complied with for the provisions that relate to
       Lot 106 on SP151408.
Flora and Fauna Protection
Vegetation Protection
75.    No vegetation indigenous to the Site or vegetation within the road reserves adjoining the Site shall be cut
       down, lopped, damaged, disrupted or adversely affected without the prior written consent of the Manager
       – Land Use. However the vegetation identified in the approved plans for removal may be removed or
       lopped following the issue of a development permit for operational works for each area and in conjunction
       with the operational works.

76.    It may be acceptable to the Council for further vegetation to be removed or lopped on the site or
       overhanging the site for safety reasons. For this purpose, a joint site visit shall be undertaken by the
       Manager – Land Use and the Developer to identify any such vegetation to be removed or lopped. The
       Developer may remove or lop additional trees only with the prior written consent of the Manager – Land
       Use subject to such reasonable conditions as may be imposed by the Manager – Land Use.

77.    All areas of vegetation and individual trees to be removed or lopped shall be clearly marked on the Site.




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78.    A qualified and experienced arborist shall be present on site prior to construction work occurring in the
       vicinity of trees to be retained; and at least weekly during construction activity in these areas. The arborist
       shall provide advice regarding the retention of tree health and stability and this advice shall be
       implemented. Tree fence guards shall be erected at a 3m distance from the trunk (unless otherwise
       agreed with the Manager Land Use) around all trees to be retained and an inspection arranged with
       Council’s Environmental Planner prior to construction commencing.

79.    During construction of the Development the following areas shall be fenced using a 3 wire star picket
       fence 1.2 metres in height for the purpose of preventing access beyond these areas and thereby
       protecting vegetation on Site:

       79.1. an area defined by a radius of 3m to all identified trees to be retained on the approved plans,
             unless otherwise agreed by Manager Land Use;

       79.2. the full Lot 113 eastern boundary located adjacent to the development area.

80.    A 1.8m min high chain mesh fence shall be erected along the 10m setback line located on the northern
       side of the intermittent creek (measured horizontally from the centreline of the intermittent creek), for the
       full length of the construction zone for Buildings I to F; prior to the commencement of any construction
       work on the site. The fence shall be setback a greater distance from the northern boundary of the creek
       to avoid trees or difficult topography on the 10m setback alignment. No entry into the intermittent creek
       setback area is permitted except for environmental rehabilitation purposes and authorised stormwater
       infrastructure construction. No fill or construction rubbish shall enter this private open space setback
       area.

81.    The precise location and extent of the fencing referred to above shall be determined on-site during a joint
       inspection by the Developer and the Manager – Land Use. The fencing is to be maintained throughout
       the construction period and may only be removed with the agreement of the Manager – Land Use.

82.    Any diversion drains, dewatering activities or excavation work for foundations or basements that are
       installed during construction work on the site shall ensure that adequate groundwater seepage occurs so
       as to maintain the existing downslope vegetation in the intermittent creek by not detrimentally altering the
       existing downslope soil moisture regime. The Site Arborist (in conjunction with a professional hydrologist/
       groundwater specialist as required) shall regularly monitor and provide advice on this matter.

83.    Post construction the applicant shall ensure that adequate groundwater seepage occurs so as to maintain
       the existing natural vegetation in the intermittent creek by not altering the existing soil moisture regime as
       a result of building activity.

84.    Retaining wall footings shall bridge the tree roots of existing trees to be retained where determined as
       necessary and practical by the Site Arborist, Site Civil Engineer - Design and Manager Land Use to retain
       stable and healthy trees on the site.

85.    The buildings and any retaining walls in the immediate vicinity of the bunya trees located near Building J
       shall incorporate particular design features to protect the roots of these trees from damage. The site
       arborist shall submit a report to Council discussing the impact of the building and building setback on the
       tree roots in conjunction with the Development Application for Operational Works.

86.    The construction of the eastern gabion wall shall minimise any detrimental impact on the vegetation in this
       area.
Vegetation Removal and Disposal
87.    Vegetation removal, tree felling and lopping shall be undertaken in an environmentally sensitive manner to
       avoid damaging surrounding vegetation, trees and habitat.

88.    Prior to felling or lopping all trees are to be checked for wildlife (eg Koalas, cockatoos, possums). If
       wildlife species are present, the tree shall not be felled or lopped until the wildlife has left the tree.

89.    All cleared vegetation shall be suitably processed and utilised on the site as mulch or removed from the
       Site at the Developer’s expense by a method approved by the Manager – Land Use.
Cryptocarya foetida
90.    The vulnerable plant Cryptocarya foetida and its habitat is not to be adversely affected by any activity
       associated with the construction and operation of the Development.




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91.    The buffer area in the adjacent park Lots 104 & 105 (to the north of Building E) required to protect the
       known Cryptocarya foetida specimens and their habitat, during construction, shall not be interfered with.

92.    The preservation of the Cryptocarya foetida and its habit shall be addressed in the Site Rehabilitation
       Plan, the Environmental Management Plan, the Construction Management Plan and the Fire Management
       Plan to the satisfaction of the Manager – Land Use. In particular, but without limitation, these documents
       shall provide for:

       92.1. all existing specimens and their habitat to be retained and protected;

       92.2. the south-eastern buffer area for Cryptocarya foetida is to be isolated prior to any construction
             activity by the erection of a 3 wire star picket fence 1.2 metres in height (together with appropriate
             signage) on the Site boundary to prevent all persons, with the exception of authorised persons,
             from entering or impacting upon the existing specimens and their habitat;

       92.3. the protective fence may be removed after the vegetation within the fenced buffer area has
             become robust and self-sustaining to the reasonable satisfaction of the Manager – Land Use.

       92.4. all persons working on the Site during the construction stage are to be informed of the
             requirements regarding the protection of the Cryptocarya foetida and its habitat, to sign an
             agreement to abide by these requirements and to be subjected to penalties for non-compliance
             with these requirements;

       92.5. if rehabilitation works in accordance with the Site Rehabilitation Plan are to be undertaken, the
             authorised persons doing the work shall be permitted to enter the area to undertake the work,
             subject to the conditions contained in those documents and so as not to adversely affect the
             Cryptocarya foetida plants or their habitat;

       92.6. the boulder fence shall be constructed within the Site, and shall not adversely affect the
             Cryptocarya foetida plants or their habitat;

       92.7. the Fire Management Plan shall specify the manner in which any fuel reduction or other fire
             prevention activities are to be undertaken in this area so as to minimise the impact on the
             Cryptocarya foetida plants and their habitat;

       92.8. Compliance with these requirements shall be addressed by the community management statement
             for any and all relevant bodies corporate having control of any part of the Site.
Weed and Pest Species Control
93.    In order to protect the adjacent Noosa National Park and the Environmental Values of the Site:

       93.1. prior to entering the Site, all construction machinery and vehicles shall be washed down to remove
             soil that may contain weed seeds, soil pathogens and pest species;

       93.2. all nursery stock shall be weed, pest and disease free and certified as such by the supplier;

       93.3. all imported fill, soil, gravel and other construction and landscaping materials shall be weed, pest
             and disease free and certified as such by the supplier;

       93.4. all mulch used on the Site shall be weed and pest free and certified as such by the supplier;

       93.5. all mulch produced on-site by mulching cleared vegetation and trees shall specifically exclude
             material (particularly seeds) from weed species (eg. lantana, asparagus and umbrella trees),
             invasive species and seeding parts of inappropriate species (eg. wattles); and

       93.6. the certificates referred to above are to be obtained prior to use of the material on Site and to be
             made available to Council.

94.    Soil disturbance in the Private Open Space Area (and any Public Open Space Area) shall be kept to a
       minimum to avoid weed proliferation.

95.    Weed eradication and control will be an integral part of both the Site Rehabilitation Plan and the
       Landscape Management Report. Vegetation used in rehabilitation and landscaping shall exclude weed
       species.




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Fauna Protection General
96.     The Landscape Management Report, Site Rehabilitation Plan, Fire Management Plan, Construction
        Management Plan and Environmental Management Plan shall prescribe the manner in which the fauna
        and fauna habitat on the Site and in the adjacent road reserve are to be protected and enhanced.

97.     No cats or dogs shall be permitted on Site during construction.

98.     Residents and guests shall not be permitted to keep cats or dogs on the Site.

99.     All community management statements for the Site shall contain a provision prohibiting cats and dogs on
        the Site.

100.    Domestic animals and livestock shall be prohibited in the Private Open Space Area and on the Public
        Walkways through the Site.

101.    Buildings and roads shall be sited and constructed to allow movement of fauna through and within the
        Site.

102.    Any internal fencing and retaining walls on the Site shall be compatible with the movement requirements
        of Koalas and other fauna.

103.    Suitable nesting boxes shall be provided and maintained on the Site.
Koala
104.    Koala habitat trees in the mapped Koala Sustainability Area on the Site shall be protected, unless specific
        approval is given for the removal or lopping of a Koala habitat tree.

105.    The Koala Conservation Criteria shall be generally complied with, with koala friendly fencing and koala
        friendly retaining walls to be utilised on the site; and koala food trees to be strategically located and
        planted in the landscaping (predominant rainforest theme).

106.    The Landscape Management Report, the Site Rehabilitation Plan, the Fire Management Plan, the
        Construction Management Plan and the EMP shall give particular consideration to:

        106.1. the protection and enhancement of all Koala habitat;

        106.2. the protection of Koalas using this habitat area during construction and operation;

        106.3. the protection and enhancement of existing and new vegetation to facilitate Koala movement
               throughout the entire Site.

107.    All retaining walls (excluding any cribb walls) with a height in excess of 0.8 metres shall have timber posts
        or other Koala access structures installed at 10 metre intervals. The posts must have a minimum
        diameter of 200 millimetres.

108.    All community management statements for the Site shall contain a provision requiring all persons bound
        by the community management statement to protect Koala habitat areas.

109.    All community management statements for the Site shall contain a provision prohibiting dogs and cats on
        the Site.

110.    A Koala Management Plan shall address the following to the reasonable satisfaction of the Manager –
        Land Use:

        110.1. all the relevant matters mentioned in these conditions and the following, without limitation:

               110.1.1.   minimisation of the loss of koala food trees and Koala habitat trees on the Site;

               110.1.2.   facilitation of Koala movement throughout the entire Site;

               110.1.3.   planting of additional Koala food trees and Koala habitat trees as part of the Site
                          Rehabilitation Plan and Landscape Management Report;

               110.1.4.   all fencing on Site to be compatible with Koala movement requirements.



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111.   The management plan shall be submitted to Council in conjunction with an application for Operational
       Works- Landscaping for the Site.

112.   The Developer shall not commence any development on Site until the management plan is approved by
       the Manager – Land Use. The approval of the Manager – Land Use is not to be unreasonably withheld.

113.   The Developer shall comply with the management plan and compliance with the management plan shall
       be addressed by the community management statement of any or all bodies corporate having control of
       any part of the habitat area.

114.   The Developer may amend the management plan only with the prior written approval of the Manager –
       Land Use, which approval shall not be unreasonably withheld.
Red-tailed Black Cockatoo
115.   Known Red-tailed Black Cockatoo feed trees adjacent to the eastern boundary of the Site shall be
       protected.

116.   During construction, a 75m radius buffer delineated by appropriate signage shall be provided around all
       known Red-tailed Black Cockatoo feed trees (refer to Figure 2).

117.   Rehabilitation works in this buffer area shall only proceed at times when the Red-tailed Black Cockatoos
       are absent.

118.   Construction of the buggy track within this buffer area shall not proceed when the Red-tailed Black
       Cockatoos are feeding in these trees.

119.   Construction of the buggy track shall not adversely impact upon the Red-tailed Black Cockatoo feed trees
       or their root systems.
Environmental Linkages and Corridors
120.   The corridors and environmental linkages shall be maintained, rehabilitated and enhanced to ensure they
       are viable and self-sustaining in the long-term and facilitate the protection of the adjacent National Park.

121.   The Landscape Management Report and the Site Rehabilitation Plan shall facilitate the protection and
       enhancement of these corridors and environmental linkages.

122.   Unless specifically shown on the approved plans, no construction works or associated activities shall be
       permitted in these areas.
National Park Protection
123.   The Public Open Space Area and Private Open Space Area perform a buffer function between the
       Development on Site and the National Park.

124.   The existing fence between the National Park and the Site shall be removed at the Developer’s expense
       only once the rehabilitation planting is established to the reasonable satisfaction of the Manager – Land
       Use and with the prior written consent of both the Queensland Parks and Wildlife Service and the Council,
       or alternatively retained if made safe and fauna friendly to the satisfaction of the Manager Land Use.
Intermittent Creek
125.   The intermittent creek and its riparian and in-stream flora and fauna shall be protected, maintained and
       rehabilitated to enhance its Environmental Values.

126.   No development other than stormwater outlets shown on the approved plans shall be permitted within a
       10m wide buffer area on both sides of the intermittent creek (measured horizontally from the centre line of
       the intermittent creek). This includes tracks, sediment ponds, erosion control devices, etc. Erosion
       control and bank stabilisation devices shall not be constructed within the intermittent creek bed without
       the prior approval of the Manager – Land Development.

127.   The existing hydrological regime of the intermittent creek shall not be significantly altered.

128.   The long term water quality within the intermittent creek will be in compliance with the ANZECC Protection
       of Aquatic Ecosystem guidelines for the protection of in-stream fauna and their habitat.




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Freshwater Habitat Feature and Environs
129.   The freshwater habitat pond shall be specifically vegetated and managed to provide habitat for frogs,
       aquatic birds and other native fauna. It will have a subsidiary role as a polishing pond but will not be used
       for primary stormwater treatment for the Site.

130.   The Developer shall prepare and implement the Freshwater Habitat Management Plan which shall include
       the following details:

       130.1. operational details;

       130.2. rehabilitation details for both the pond and surrounding vegetation;

       130.3. weed control and mosquito control procedures;

       130.4. protection of the downstream creek environment;

       130.5. water quality standards and required monitoring during the resort site construction and operation
              stages;

       130.6. performance standards that will identify when the new habitat area is functional as an aquatic
              habitat;

       130.7. maintenance and de-silting requirements and procedures; and

       130.8. how public access and public safety issues will be addressed.
Buffer Areas
131.   The following buffer areas are required to protect the Environmental Values of the Site:

       131.1. a 10m wide buffer area on both sides of the intermittent creek (measured horizontally from the
              centre line of the creek);

       131.2. 75m radius buffer area (delineated by appropriate signage) around known Red-tailed Black
              Cockatoo feed and nesting trees during construction;

       131.3. the Cryptocarya foetida plants in the intermittent creek;

132.   Unless specifically shown on the Drawings or specified in these Conditions, no construction works or
       associated activities shall be permitted in these areas.

133.   During construction, all buffer areas shall be clearly identified and delineated on the ground in accordance
       with these Conditions.
Landscape Management Report
Preparation
134.   A Landscape Management Report shall be prepared for the site by an experienced landscape architect in
       conjunction with a person holding appropriate horticultural qualifications. The Landscape Management
       Report shall be prepared to the reasonable satisfaction of the Manager – Land Use.

135.   The following statements of principle apply to the preparation of the Landscape Management Report:

       135.1. The Landscape Management Report shall demonstrate a high level of environmental care and
              responsibility and be consistent with best practice for developments of this type in similar
              environments.

       135.2. The Landscape Management Report shall be based on sound ecological and environmental
              principles and shall specify how the Environmental Values of the Site will be protected, maintained
              and enhanced.

       135.3. The Landscape Management Report shall specifically acknowledge and demonstrate how the
              visual and aesthetic values of the Site and adjoining National Park will be maintained and
              enhanced.




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       135.4. Plant schedules will primarily utilise native species that have been recorded on the Site, and
              primarily utilise advanced stock.

       135.5. The Landscape Areas will be integrated floristically and structurally with adjacent existing and
              rehabilitated vegetation.

       135.6. The Landscape Management Report shall be generally consistent with Council’s Planning Scheme
              Policy 1 – Landscaping Guidelines, except that plants that are not endemic to Noosa Shire or this
              coastal locality, environmental weeds, aggressive colonisers and plants that encourage
              inappropriate fauna species, shall be excluded from the plant schedules.

       135.7. The Landscape Management Report shall not utilise plant species that pose a risk to the adjacent
              National Park.

136.   The landscape theme in each of the Landscape Areas shall be:

       136.1. Resort – rainforest;

       136.2. Viewland Drive entrance – rainforest.

137.   The Landscape Management Report shall address the following issues:

       137.1. enhancement of environmental linkages and corridors;

       137.2. creation of new fauna habitat with special consideration of Koalas, Glossy Black Cockatoos, and
              the Richmond Birdwing Butterfly;

       137.3. creation of new habitat for Cryptocarya foetida and Macadamia integrifolia where practical;

       137.4. visual screening of buildings and visual integration of the built environment;

       137.5. the use of stone or dark colours in retaining walls.

138.   The Landscape Management Report shall detail the planting schemes and plant schedules for all
       Landscape Areas and shall detail, inter alia:

       138.1. site preparation;

       138.2. construction materials and details;

       138.3. weed control;

       138.4. stock specifications and supply;

       138.5. erosion and sediment control;

       138.6. planting out procedures and horticultural requirements;

       138.7. mulching procedures;

       138.8. fertilising procedures;

       138.9. irrigation and watering procedures;

       138.10. standard of landscaping;

       138.11. staging and timing;

       138.12. on-going maintenance;

       138.13. environmental safeguards;

       138.14. performance standards.




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Approval
139.   The Landscape Management Report shall be submitted to Council prior to or with the lodgement of any
       development applications for landscaping or rehabilitation works with respect to the Landscaped Areas.

140.   The Developer shall not commence any development within the Landscape Areas until the Landscape
       Management Report is approved by the Manager – Land Use.

141.   The approval of the Manager – Land Use is not to be unreasonably withheld.
Implementation
142.   Any application for operational works for landscaping shall be consistent with the approved Landscape
       Management Report.

143.   The landscaping of the Site is to be completed in accordance with the Landscape Management Report
       prior to any part of the Site being occupied and is to be maintained at all times thereafter to the
       reasonable satisfaction of the Manager – Land Use.

144.   The Developer may amend the Landscape Management Report only with the prior written approval of the
       Manager – Land Use, which is not to be unreasonably withheld.
Contaminated Soil Remediation
145.   Contaminated soil material located on the site shall be relocated to an authorised location off-site or
       relocated on-site and capped in accordance with the requirements of the Environmental Protection
       Agency. No infrastructure services are to be located through the remediation area, and a third party
       environmental auditor is to review and provide an environmental audit of the work undertaken. The area
       is to be remediated to the reasonable satisfaction of the Environmental Protection Agency.
Other Services
146.   The Developer shall provide Electricity, a TV antennae system and Telecom reticulation to the Site. All
       electricity and Telecom services shall be provided underground.
Scooters & Buggies
147.   Scooter and Buggy maintenance shall occur off-site.
General
148.   Operation of facilities for functions or dining involving guests staying at the Resort will be in accordance
       with any licence for the facilities to be issued by the Queensland Liquor Licensing Division pursuant to the
       Liquor Act 1992.

149.   Any advertising sign or device is to comply with the provisions of Council’s Local Law on advertising.

150.   The Developer shall pay such fees as may be determined by Council for time spent by Council officers in
       the investigation, consideration and determination of any report, survey, plans or drawings or any other
       matter submitted to Council for its consideration or approval under these Conditions. The Developer shall
       further pay all reasonable inspection and monitoring fees of Council officers. Unless otherwise specified
       herein, all reasonable fees shall be paid within 14 days of Council submitting an invoice for the same. If
       for these purposes Council considers it necessary to brief an external consultant, the Developer will not
       be responsible for the external consultant’s fees unless there has been prior consultation and agreement
       between the Developer and Council regarding the proposed consultant and the fees to be charged.

151.   The Council officers may at any time during periods when construction, rehabilitation or decontamination
       activities are occurring on Site with prior notice to the Developer (except in the case of an emergency
       when no notice is required) enter the Site. The entry may be for the purpose of monitoring compliance
       with the Conditions, carrying out inspections, attending on-site meetings or otherwise for purposes
       specified in these Conditions. All reasonable costs associated with the Council officers attending on Site
       shall be paid by the Developer within 14 days of the Council submitting an invoice for the same. There
       shall be prior consultation between the Council and the Developer about inspection arrangements and
       reporting and the costs for these inspections.

152.   All monies required to be paid by the Developer, if not so paid, on or before the due date, shall become a
       debt due and owing to the Council which may be recovered by the Council in any Court of competent
       jurisdiction.




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Amenity
153.   There shall be no substantial detrimental effect upon the amenity of the neighbourhood by reason of the
       creation of excessive noise, lighting nuisance or other emissions by or from the Development.

154.   During the operational phase of the Development deliveries and waste collection will be restricted to the
       hours between 8:00am and 5:00pm Monday to Saturday.

155.   Gaseous or particulate emissions to the air, during the operational phase of the Development are to
       comply with relevant limits contained in the Environmental Protection (Air) Policy 1997.
ENVIRONMENTAL HEALTH
Flammable & Combustible Liquids
156.   Approval for the Underground Petroleum Storage System should be obtained under the Dangerous
       Goods Safety Management Act 2001 and the Environmental Protection Act 1994. The application for such
       approval should be lodged with Council’s Environmental Health Section and includes an assessment by a
       competent person of the site’s class pursuant to Council’s “Operators Compliance Guide for Petroleum
       Product Storage”.

157.   An annual licence is required from Council’s Environmental Health Section with respect to the storage of
       flammable/combustible liquids in excess of the minimum amounts permitted under the Dangerous Goods
       Safety Management Act 2001. Application for a DGSM licence should be made at the time of submission
       of a development application for building works and you must include all relevant plans and specifications.
Food Premises
158.   Where any food premises is included in a development, the following is required:

       158.1. 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. Adequate kitchen area and associated
              food storage shall be provided for the restaurant, conference room and resort of a minimum of
              159m². Example has been provided in JMA Architects drawing No. 1013 DA – 03 – V – 08 dated
              2/11/06.

       158.2. Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must obtain a Food
              License from Council, prior to use of those premises.
Skin Penetration
159.   The operator of any body piercing or tattooing business should comply with the Public Health (Infection
       Control for Personal Appearances Services) Act 2003 and:

       159.1. Obtain a licence to operate prior to commencing the use.

       159.2. Comply with the Infection Control Guidelines of the Act.

       159.3. Premises to comply with Part 15 of the Queensland Development Code.
Beauty Treatment/Hairdressing
160.   The operator of any beauty treatment and/or hairdressing business should comply with the Infection
       Control Guidelines of the Public Health (Infection Control for Personal Appearances Services) Act 2003.
Waste Disposal
161.   The development refuse will be serviced in accordance with the Waste Management Code provided in
       Volume 11 Code Responses, subject to the conditions contained below:

       161.1. All waste from the resort is to be collected by Council’s waste contractor from the central
              refuse/recycling area adjacent to V Block. No waste will be collected by Council’s contractors from
              the individual units/villas.

       161.2. Recycling will be provided on a fortnightly basis to the residential component of the site by
              Council’s waste contractors

       161.3. Council will supply all 240l-recycling bins.

       161.4. The garbage rate for the compactor bin will be based on a component for each unit or residence
              equivalent to a private residence to cover costs other then the waste contractors service fee, a
              component for provision and servicing of the compactor bin.



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       161.5. Council’s waste contractors will own, service and maintain the compactor bin and clean during
              service for a price to be specified by Council.

       161.6. The developer shall enter a lease agreement with the waste contractor for the supply and
              maintenance of this compactor bin.

       161.7. The compactor shall be serviced at a minimum frequency of once per week and Council will
              nominate the service day to ensure service provision and be structured within existing runs for the
              Ro-Ro collection vehicle. Additional services can be organised with 24 hours notice.

       161.8. The compactor bin shall be refrigerated or more frequently serviced to avoid odours and fly
              problems.

       161.9. The developer will be responsibility for cleaning of all other bins.

       161.10. The developer shall purchase and maintain all other bins.

       161.11. The developer must provide a suitable bin wash area for the cleaning of all types of bins and
               waste collection vehicles used on the site. The area is to be roofed and the floor is to fall to a
               bucket trap with the waste pre-treated by a grease arrestor prior to discharge to sewer.

       161.12. All street litter bins located throughout the development are to be supplied and serviced by the
               developer.

162.   Prior to the approval of operational works, the following additional details are required to be supplied and
       approved by the Manager Environmental Health;

       162.1. The details of the bin wash facility

       162.2. The details of the buggy and trailer to safely transport all bins

       162.3. Details of the villa roadside waste and recycle shelters

       162.4. Details and location of all basement storage areas that are situated beneath the refuse chutes.

       162.5. A Waste Management Plan (construction) approved by Manager Environmental Health.
              A Waste Management Plan (construction) is also required for construction of 15 or more dwelling
              units or for any business use of greater than 500m².
              Waste Management Plans (construction) is 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. (Refer to Noosa
              Council Waste Management Code)
              The Plan shall contain the following information:
              162.5.1.   The site area for the storage and separation of waste is to be shown on the plan
                         drawings accompanying the application.

              162.5.2.   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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                   MATERIALS ON-SITE                    DESTINATION
                                                        Re-use and Recycling                     Disposal
                   Expected            Estimated        On-site           Off-site               *specify
                   waste               volume           *specify          *specify               contractor     and
                   materials           (m³)             proposed re-      contractor             landfill site or
                                                        use or on-site    and recycling          other disposal site
                                                        recycling         outlet
                                                        methods
                   Excavation
                   material
                   Green waste
                   Bricks
                   Concrete
                   Timber-
                   please
                   specify
                   Plasterboard
                   Metals       -
                   please
                   specify
                   Asbestos
                   Other        -
                   please
                   specify
              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

163.    Adequate access and turn-a-rounds into the waste collection area, shall be provided for all waste and
        recycle vehicles as per JMA Architects drawing 1013 DA – 03 – V – 05, Issue 5, dated 2/11/06.

164.    Adequate storage area for the waste and recycling shall be provided for the V Block waste collection area
        of minimum dimensions as per JMA Architects drawing 1013 DA – 03 – V – 05, Issue 5, dated 2/11/06.
Noise
165.    Noise emissions during the operational phase of the Development from any mechanical plant or
        processes associated with the completed Development must comply with the following limits:

        165.1. 7am to 10pm – LA max adj  LA bg + 5dBA; and

        165.2. 10pm to 7am – LA max adj  LA bg + 3dBA.

166.    Live amplified music and live amplified entertainment is to be provided only indoors, in such a manner that
        the sound from the activities is attenuated in accordance with the conditions of the relevant licence issued
        by the Queensland Liquor Licensing Division under the Liquor Act 1992 and during the hours specified in
        such licence but in any event is not to be provided after midnight.

167.    All indoor entertainment noise emissions shall comply with the following limits:

        167.1. 6am to 10pm – LA10 adj  LA90 + 10dBA; and

        167.2. 10pm to 6am – Loct 10  Loct 90.

168.    The swimming pool (including any pool bar), and Health Spa are to be used only between 7:00am and
        9:00pm daily.

169.    During the operational phase of the Development deliveries and waste collection will be restricted to the
        hours between 8:00am and 5:00pm Monday to Saturday.

170.    Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or located in a
        manner that prevents a noise nuisance beyond the Site in accordance with the nuisance provisions of the
        Environmental Protection Regulation 1998. On the spot fines apply for such offences.




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171.   The Developer must ensure that no builder or building contractor carries out building work on a building
       site in a way that makes or causes audible noise to be made from the building work on:-

       171.1. Monday to Saturday, before 7:00am or after 6:30pm; and

       171.2. Sunday or public holiday, at any time.

172.   Bottles shall only be placed in the bottle bins in the Resort between the hours of 7:00am and 10:00pm.

173.   The operating hours of the Conference Room, Restaurant and Bars (excluding any pool bar) shall be as
       follows:

       173.1. Sunday to Thursday – 7:00am to 11:00pm (however the Restaurant may open at 6:30am if
              required);

       173.2. Friday and Saturday – 7:00am to midnight (however the Restaurant may open at 6:30am if
              required);

       173.3. Use of the external restaurant deck /conference overflow area for formal functions and conferences
              is to be limited to between the hours of 9.00am and 10pm.

174.   Notwithstanding these conditions, the Conference Room and Restaurant and Bars (internal areas and
       excluding any pool bar) may be used until midnight on any day of the week if the use is in connection with
       a conference being held at the Resort.

175.   During the operational phase of the Development machinery including forklifts may only be operated
       between the hours of 8:00 am and 5:00 pm Monday to Friday unless they are operated in an enclosed
       space (eg within a basement) having sound attenuation.

176.   Prior to operational works, the following additional noise details are required to be supplied and approved
       by the Manager of Environmental Health:

       176.1. The location of mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc)
              and how they will be installed to comply with Noosa Council’s Local Law No. 12 – Noise Nuisances
              and the Environmental Protection Regulations 1998.
Trade Waste
177.   Liquid waste generated by industry, small business and commercial enterprises is referred to as Trade
       Waste and shall comply with the following:

       177.1. A trade waste permit shall be obtained prior to the discharge of trade waste to Council’s sewerage
              system.

       177.2. All trade waste requirements complying with Council’s Trade Waste Policy and including pre-
              treatment devices, must be shown on hydraulic plans submitted to Council for approval prior to
              issuing the development permit for building work.

       177.3. Vehicular access shall be provided to each grease arrestor and/or pre-treatment device for
              cleaning and servicing by Council’s contractor, and must allow vehicles to enter and leave the site
              in a forward direction as per Qantec McWilliam drawing No. 05B320 SK.03 dated April 2006.

BUILDING SERVICES

178.   Fencing to the swimming pool must comply with the Queensland Building Act 1975 Part 3 (as amended)
       and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from the dwelling to the
       pool enclosure is not permitted. Any pool fencing shall be coloured charcoal or dark earthy colours, or
       non-reflective green or grey glass (or clear glass for the lower level pools).




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LAND DEVELOPMENT
Construction

General

179.   The Developer shall cause the Principal Contractor to attend a pre-start meeting with the Manager – Land
       Development prior to commencement of any work on Site. At the pre-start meeting the Principal
       Contractor is to submit a copy of the Workplace Health and Safety Plan for the Development to Council
       for Council’s records. The Workplace Health and Safety Plan shall comply with the provisions of the
       Workplace Health and Safety Regulation 1997. The Principal Contractor and supervising engineer are
       responsible for compliance with the Workplace Health and Safety Plan. The Developer shall ensure that
       there is compliance with the Workplace Health & Safety Plan.

180.   The Developer shall ensure the following steps are undertaken prior to commencement of any works on
       Site:

       180.1. The Principal Contractor shall give the Council Inspector seven days notice of intention to
              commence works.

       180.2. The Principal Contractor or any of its subcontractors shall not undertake any works unless each
              such contractor has public liability insurance in the sum of $10,000,000 and copies of current
              public liability insurance policies are submitted to the Council Inspector.

       180.3. The Principal Contractor shall nominate a site representative and give the Council Inspector a
              telephone number on which the Inspector can reach the site representative any time 24 hours of
              the day.

       180.4. The site representative shall arrange to meet on-site with the Council Inspector to be informed of
              Council’s requirements for construction of access.

       180.5. All traffic signage, including that for safety during construction, shall be in accordance with the
              Manual of Uniform Traffic Control Devices and Department of Transport (Main Roads Division)
              Roadworks Signing Guide.

181.   Construction activities are to be carried out only between 7:00am and 6:00pm Monday to Saturday, with
       no construction activities on Sundays and public holidays.

182.   Access to the Site for the purposes of construction is to be only between the hours of 7:00 am and 6:00
       pm Monday to Saturday, and not on Sundays and public holidays. Queuing of construction vehicles is not
       to occur in Viewland Drive prior to 7:00am.

183.   Works are to be carried out in accordance with the EMP so as to prevent or minimise:

       183.1. dust nuisance to residents in the vicinity;

       183.2. transfer of dirt and debris on to existing roads; and

       183.3. excessive noise.

184.   Attenuation of construction noise is to be provided in accordance with the following measures:

       184.1. site layout devised to maximise distances to adjoining residences;

       184.2. noisy equipment positioned to make best use of natural attenuation – distance and screening;

       184.3. ‘silenced’ machinery to be specified; and

       184.4. noise mitigation requirements included in all sub-contract specifications.

185.   The Developer shall submit to the Council travel routes for the movement of construction vehicles. Minor
       residential roads shall not be used for the movement of construction vehicles. Construction vehicles must
       not use Morwong Drive. The Developer is advised that there is a 9 tonne load limit on Park Road and the
       Developer shall ensure that its contractors and employees are informed accordingly.




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186.   The Developer must, promptly after written request by the Council, carry out any necessary rectification
       works, at the Developer’s cost, on roads in the vicinity of the Site where it can be reasonably
       demonstrated that such roads have been damaged by construction vehicles involved in carrying out the
       Development.

187.   There shall be no pile driving on Site.

188.   There shall be no diesel powered crane structures erected or used on Site other than mobile cranes.

189.   There shall be no encroachment into the 10 metre creek setback zone. This requires that no construction
       works can occur in this 10 metre setback, for example no batters, no excavations, no pipelines, no silt
       fences or sediment controls, no diversion drains, no foundations, no retaining walls, no scaffolding, no
       access for construction etc are permitted within the 10 metre setback, except for the three stormwater
       outlets as shown on Drawing No. 05B320 SK.15 Issue A titled “Proposed Stormwater Headwall Layout
       Plan” dated April 2006 and prepared by Qantec McWilliam. The construction works required to construct
       these outlets will be minimised and shall be contained within a 6 metre wide corridor.

Construction Sequencing

190.   A Construction Sequencing Management Plan shall be submitted in conjunction with an Operational
       Works application for civil works. The report shall detail each stage required to construct the proposed
       civil works and methods of stabilisation and erosion controls to ensure that sediments do not enter the
       intermittent creek and Noosa Sound.
       This management plan shall be prepared in conjunction with operational works drawings which shall
       reflect the civil works staging. The plan shall also include detailed erosion and sediment control staging
       plans, to be submitted with Operational Works application.
191.   Building works shall not commence until services, one coat primer seal on roadways, building platforms
       and retaining walls are completed and stabilised. These works shall be stabilised with turf or hydromulch
       in high risk area, grass seeding with 80% cover in low risk areas and with mulch or geotextile in areas that
       will be disturbed during building works. The applicant shall submit with the sediment and erosion control
       plans, details of the various risk areas across the site and associated methods of stabilisation for those
       differing risk areas.

192.   The construction sequences are to be more or less sequential, although the construction period of some
       of the elements may overlap and there may be advance works which are common to all sequences and to
       the various separate components of the Development.

193.   At all times the sequencing of construction and building works shall ensure that any areas that will be
       exposed for more than 10 business days shall be stabilised. Erosion and sediment control measures must
       be maintained for each stage and are of prime importance and shall be established prior to any other
       works being undertaken.

Sediment and Erosion Control Plan

194.   A detailed staged Sediment and Erosion Control Management Plan shall be prepared specifically for the
       resort site by a Registered Professional Engineer of Queensland, having proper regard to the
       Environmental Values of the Site and requirements of the EMP and shall be submitted in conjunction with
       an Operational Works application for approval by the manager Land Development. The management plan
       shall detail at a minimum, the following:

       194.1. Staging of erosion and sediment control measures;

       194.2. Sizing of sediment basins and control measures;

       194.3. Clean water diversion provision around construction activity zones on- site;

       194.4. Locations of all interceptor drains and cut-off drains;

       194.5. Rehabilitation and remediation requirements; and

       194.6. Contingency plans.




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195.   Sediment and erosion control plans shall be prepared in conjunction with the Sediment and Erosion
       Control Management Plan, to the reasonable satisfaction of the Manager – Land Development and in
       accordance with the Institution of Engineers Australia ‘Engineering Guidelines for Queensland Soil and
       Sediment Control’ (June 1996) and in particular using Checklist No. 3 from that document. The sediment
       and erosion control plans shall cover all stages of the resort development (during the construction,
       establishment and operational phases) including rehabilitation and remediation of the resort site. These
       plans are to be submitted to Council in conjunction with Operational Works application.

196.   Sediment basins and their batters and outlets for the site shall be located outside the 10 metre setback to
       the intermittent creek and with ARI 5 year piping to the intermittent creek.

197.   The Developer shall not commence any development on the resort site until the Sediment and Erosion
       Control Plan is approved by the Manager – Land Development.

198.   The Developer shall not commence any development on the resort site until the staged sediment and
       erosion control is in place as indicated in the approved staged sediment and erosion control plans.

199.   The Developer may amend the Sediment and Erosion Control Management Plan only with the prior
       written approval of the Manager – Land Development, which is not to be unreasonably withheld.

200.   The staged sediment and erosion control plans must have regard to the objective of minimising the
       transport of nutrients and sediment from the Site and providing pollution control measures which deliver
       an acceptable level of safety and health risks for the owner and occupiers of Lot 27 and the environment
       on Lot 27.

201.   Sediment runoff from site disturbance during revegetation is to be monitored and localised effects are to
       be mitigated by use of a range of techniques including;

       201.1. additional mulching;

       201.2. spraying of disturbed areas with chemical binders or soil stabilisers;

       201.3. placement of jute mesh and other protective coatings on disturbed areas; and

       201.4. use of sediment fences down slope of revegetated areas.

202.   The Development is not to restrict the natural flow of water in the southern intermittent creek running from
       the Site into Lot 27 or adversely affect its quality.

203.   The Development is not to cause flooding from the southern intermittent creek onto Lot 27 or erosion of
       the bed or banks of the intermittent creek.
Stormwater Management
204.   All stormwater drainage shall be collected on site and discharged so there is no net increase in
       stormwater runoff from the site. Stormwater drainage permitted to drain from the site shall be discharged
       to the intermittent creek to protected outlets to ensure no scour occurs. Stormwater drainage shall be
       designed in accordance with Water Sensitive Design Principles and stormwater flows shall be dispersed
       as much as possible, without increasing risks of scour to the riparian buffer or creek.

205.   Roof runoff from any of the villas and other central buildings shall be directed to a rainwater storage
       system or tank (minimum storage 3000 litres per villa and for other uses minimum storage calculated
                        2
       using 12 litres/m of roof area) that is installed to ensure water from the tank can be used for external
       uses (such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools,
       outdoor cleaning, etc) and for use in flushing of toilets internal to the dwellings and buildings.   All
       rainwater tanks are to be designed and installed in accordance with the Queensland Development Code
       (QDC), Part 25 – Rainwater Tanks, and shall be part of the plumbing application in conjunction with the
       building approval. The location and capacity of the tanks shall be clearly shown on the plans submitted
       for Building Works approval and any overflow shall be directed to the stormwater drainage system.

206.   The applicant shall submit an analysis of water supply reliability for internal reuse of collected rainwater on
       the site with an application for Plumbing Works. This shall assess the requirements for dual plumbing to
       enable rainwater to be used for toilet flushing.




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207.   To ensure that polluted run-off does not enter the Noosa River, stormwater run-off from the carparking
       areas and the driveways shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a
       grease/oil arrestor provided on site prior to being permitted to discharge into Council’s drainage system.
       All other clean stormwater, such as roof water, can be collected on site and discharged through a single
       underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
       To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors, which
       shall be submitted to the Council for approval prior to obtaining a Development Permit for Operational
       Works.
       The approved maintenance plan shall be incorporated in the Community Management Scheme for the
       development and a copy of this shall be provided for Council’s records prior to commencement of the
       approved Use.
       A Development Permit for Building Works shall not be granted until a Development Permit for Operational
       Works has been issued in regard to the drainage scheme.
208.   All site stormwater drainage shall be by means of a gravity system.

209.   All stormwater drainage lines including inter-allotment drainage shall be inspected by closed circuit
       television (CCTV) prior to commencement of the approved Use.
       CCTV inspection will be carried out by Council's CCTV contractor and arranged by Council following
       satisfactory completion of construction works. The developer will be responsible for the full cost of CCTV
       inspection, including any additional inspection necessary following defect identification and rectification.
       This charge is payable prior to the issue of Operational Works approval and will be determined on the unit
       rate basis current at the time of approval.
Stormwater Management Plan

210.   A Stormwater Management Plan generally in accordance with the “Viridian Noosa Hydrology and
       Stormwater Management Plan” dated 30 August 2006 and prepared by WBM Pty Ltd shall be submitted in
       conjunction with any Operational Works Applications for the site.

       The plan shall include details of an appropriate stormwater treatment system to achieve the water quality
       objectives and shall provide plans showing that all works are located outside the 10 metre buffer to the
       intermittent creek.

       The Developer shall not commence any development on Site until the Manager – Land Development,
       approves the Stormwater Management Plan. The Developer may amend the stormwater management
       plans only with the prior written approval of the Manager – Land Development, which is not to be
       unreasonably withheld.

211.   The stormwater management plan shall take into account matters specified in section 19.4 of the
       Environmental Protection (Water) Policy 1997.

212.   Key water quality objectives to be reflected in the stormwater management plan are the protection of
       aquatic ecosystems in both the intermittent creek draining the site and within the receiving waters and the
       Noosa River, as well as primary contact recreational standards within the receiving waters. Appropriate
       water quality standards for stormwater exiting the development area and entering the 10 metre are those
       as specified by This plan shall ensure the following water quality objectives are achieved prior to water
       exiting the stormwater system and entering the 10 metre buffer zone:

       212.1. Total Phosphorous < 0.03mg/L

       212.2. Total Nitrogen < 0.3mg/L

       212.3. Suspended Solids < 50mg/L

       212.4. pH = 6.5 to 8.5

213.   The stormwater management plan for the entire Site shall address:

       213.1. Construction, establishment and operational phases.

       213.2. For the establishment and operational phases for the Resort, at least two per year event and three
              monthly campaign based water quality monitoring for:




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              213.2.1.   Total Nitrogen

              213.2.2.   Total Phosphorus

              213.2.3.   Suspended Solids & Turbidity

              213.2.4.   pH

              213.2.5.   Salinity

              213.2.6.   Temperature

              213.2.7.   Dissolved Oxygen

              213.2.8.   Trash & gross pollutants

              213.2.9.   Algal count and identification

              213.2.10. Faecal coliforms

       213.3. The monitoring shall continue for a period of 5 years from completion of the final stage of
              construction.

       213.4. For the construction phase for the Resort, at least two per year event and monthly campaign based
              water quality monitoring for:

              213.4.1.   Suspended Solids & Turbidity

              213.4.2.   Temperature

              213.4.3.   Salinity

              213.4.4.   Trash & gross pollutants

              213.4.5.   Dissolved Oxygen

       213.5. In addition to the above, inspections for erosion and deposition, and build up of trash and gross
              pollutants should be carried out on a weekly basis during the construction period and corrective
              measures implemented.

       213.6. An operational phase water quality management plan shall be prepared to address basin
              landscape zone and water treatment device water quality maintenance requirements for
              stormwater management measures and devices, contingency measures for aquatic plant growth,
              loss of vegetation in swales and filter strips, pollution response and algal blooms and should
              include a mosquito management strategy.

       213.7. Responsibilities are to be clearly delineated.

       213.8. Non-compliance with prescribed water quality standards should trigger the implementation of
              measures/further testing to rectify.

       213.9. Monthly reports on monitoring, incidents, corrective action and plan updates are required to be
              submitted to Council. These reports are to be submitted in a form acceptable to the Manager –
              Land Development and are to highlight any non-standard results.

       213.10. Any stormwater outlet to the creeks on the Site are to be stabilised with appropriate energy
               dissipation and local armouring. Regular monitoring of creek erosion is required with appropriate
               corrective action specified to ensure a stable creek system. All work to be undertaken to
               minimise impacts on the Environmental Values of the creek system.

214.   The operational stage components of the stormwater management plan shall be included in the
       community management statements for all bodies corporate having control of any part of the Site and
       assign responsibilities for compliance in terms of the reasonable satisfaction of the Manager – Land
       Development.




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215.   The Developer shall provide details of the size and design of the necessary sediment basins for the
       control of sediment on the site within the Erosion and Sediment Control Plan and the Stormwater
       Management Plan.

216.   Upper track flow diversions are to be designed to divert up to the ARI 10 year event or greater.

Water Quality

217.   The Developer is to install water quality control devices generally in accordance with the Council’s
       Planning Scheme Policy and to achieve the specified water quality objectives for the site. Detailed plans
       and specifications are to be prepared and submitted (after consultation with officers of the Council) with
       the relevant applications for either operational works, building works, plumbing works or drainage works
       and are to be to the reasonable satisfaction of the Manager – Land Development.

Drainage

218.   The Developer is to complete the drainage works progressively in conjunction with development of the
       site. Detailed drainage plans and specifications are to be prepared and submitted (after consultation with
       officers of the Council) with the relevant applications for either operational works, building works, plumbing
       works or drainage works and are to be to the reasonable satisfaction of the Manager - Land Development.
       All drainage works are required to be provided by the Developer at its own cost.

Boulder Fence

219.   Prior to the commencement of building works in the areas to be protected by the boulder retention fences,
       the Developer shall construct steel boulder retention fences (being a Geobrugg rockfall protection system
       or similar) or other approved rockfall protection devices to the reasonable satisfaction of a Registered
       Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering. Certification by
       the RPEQ will be submitted to Council prior to the use commencing.

220.   The final locations of the boulder retention fences are to be determined on site by agreement between the
       Manager – Land Development and the Developer having regard to the protection of vulnerable plants and
       their habitat. Approximate locations of the boulder fences are shown on the Site Plan Drawing no.: 1013
       DA-01-01 Issue 4 dated 30 August 2006 and prepared by JMA Architects.

Geotechnical

221.   Conditions are to be undertaken:

       221.1. by an experienced Registered Professional Engineer of Queensland having geotechnical
              qualifications;

       221.2. to the reasonable satisfaction of the Manager – Land Development; and

       221.3. prior to lodgement of any development applications for building or operational works.

222.   The Developer shall prepare and implement a treatment strategy for areas of existing fill with unknown
       compaction history, including reference to the expected extent of areas of disturbance. The intention of
       this strategy is to address areas of existing fill within the development area. This strategy shall be in
       accordance with requirements of the EPA and contaminated areas on the site.

223.   The stability of the steep slopes above the proposed, Blocks A, B, C, D, E and G, shall be subject to a
       detailed assessment. The assessment shall include:

       223.1. sufficient sub-surface investigations to assess the depth of colluvial soils in these areas;

       223.2. circular and non-circular methods of analysis;

       223.3. the effects of groundwater as perched water tables and/or water filled tension cracks.

       Slope stabilisation measures, if required, shall be identified and implemented.




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224.   A qualified geo-technical engineer shall undertake further assessment of areas of fissured clays and
       provide details of engineering support that will reduce the risk of slope instability for the subject buildings.
       The type of engineering support shall be designed to ensure no impacts on existing vegetation,
       particularly within the 10 metre setback zone to the creek. An RPEQ shall design and certify that all
       footing excavations have been undertaken to best practice and are structurally sound for the site
       conditions.

225.   An RPEQ shall design the footings for all building works that require earthworks within the fissured clay
       areas as identified by Golder Associates. The RPEQ shall certify that these footing designs are
       structurally sound for the site conditions.

226.   The Developer shall provide to Council an assessment of the effects of de-watering of any basement
       excavations for the Resort buildings.

Filling and Excavation

227.   Detailed plans and specifications based on and generally in accordance with the Engineering Drawings in
       relation to earthworks (and prepared after consultation with the Manager – Land Development) are to be
       submitted with the relevant applications for either plumbing, drainage, building or operational works.

228.   All filling and/or excavation works are to be carried out strictly in accordance with any development
       permits for plumbing, drainage, building or operational works, and approved management plans.

229.   Retention systems for the Resort Central Facilities Building and the Resort Residential Buildings are to be
       as per details of geotechnical reports prepared by Golder Associates. Where required, excavated faces
       in rock should have appropriate ground support measures to contain potentially unstable rock wedges.
       These could include shotcrete, rock bolts, rock anchors or alternative engineering support systems.
       Certification shall be submitted to Council following building works detailing that the engineering support
       systems are stable and satisfactory for the life of the project.

230.   Detailed plans and specifications detailing earthworks for all roads (and prepared after consultation with
       the Manager – Land Development) are to be submitted with the relevant applications for either plumbing,
       drainage, building or operational works.

231.   Earthworks associated with all roads are to be completed in accordance with any development permits for
       plumbing, drainage, operational or building works, and approved management plans.

232.   Retaining walls in the resort area are to make provision for Koala movement through the area, where
       applicable.

233.   All proposed fill material is to be tested by an approved geotechnical testing authority (NATA registered)
       and the results submitted for approval by the Manager - Land Development. Compaction and fill is to be
       carried out under Level 1 supervision in accordance with Australian Standard – AS 3798 – 1996.
       Following completion of filling, compaction tests are to be certified by an RPEQ and certification submitted
       to Council. Development permits for building works will not be issued for areas of filling unless the fill
       compaction tests are to the reasonable satisfaction of the Manager – Building Services.

234.   Filling that will result in the pondage of water on or off the Site (other than any works associated with the
       approved drainage system) will be prohibited.

235.   All disturbed areas are to be revegetated within 10 days following completion of earthworks to reduce
       erosion and transport of sediments.

236.   All material removed from the Site is to be disposed of in an appropriate manner and only at locations
       approved by a Local Government or the Environmental Protection Agency.

237.   Contaminated soil currently contained within the containment cell on the site, shall be removed in
       accordance with Environment Protection Agency requirements. Certification by a RPEQ shall be
       submitted to Council prior to Operational Works application detailing that the contaminated soil has been
       removed in accordance with the EPA requirements.

238.   All material stockpiles on the Site must be in a location approved in the Environmental Management Plan
       or otherwise approved by the Manager – Land Development, which approval is not to be unreasonably
       withheld.




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Civil Engineering

239.   The earthworks and services for the resort must be confined to the perimeters of the developable area
       and shall not be located within the 10 metre buffer setback to the intermittent creek.

240.   The Developer must bear the cost of alteration of any public utility or other facilities necessitated by the
       development of the Site or associated construction works external to the Site.

Public Walkways

241.   The Developer shall construct the pathways to link Morwong Drive with Viewland Drive. The Public
       Walkways shall be built prior to the Resort use commencing.

242.   The Public Walkways shall be a mixture of timber boardwalk, concrete pavement, and other materials
       subject to the approval of Council.

243.   The Developer is to provide lighting along the Public Walkway from the Morwong Villas to the southern
       end of Building Blocks E & F.

244.   The Public Walkway linking Morwong Drive with Viewland Drive is to have a minimum width of 2 metres
       up to the Building Block V and a minimum width of 1.6 metres thereafter. In any sections where the public
       pathway is proposed to be a shared zone, speed limits shall be reduced to 10km/hr.

245.   Detailed plans and specifications for the Public Walkway shall be prepared to the reasonable satisfaction
       of the Manager – Land Development.

246.   An easement shall be created over the Public Walkways in favour of the Council. The easement shall be
       prepared by the Shire Solicitor at the cost of the Developer. The terms of the easement shall be to the
       reasonable satisfaction of the Shire Solicitor. In particular, but without limitation, the easement shall
       provide for:

       246.1. access for the Council, its servants, agents, employees and others authorised by the Council
              (including the general public) to pass and repass over the servient tenement at times of the day to
              be agreed by the Council and the Developer;

       246.2. the Developer is to be responsible for the repair, maintenance and rebuilding, if required, of the
              Public Walkway from Morwong Drive to Viewland Drive.

247.   The Developer shall provide sufficient “wayfinding” signage to ensure pedestrians can easily navigate
       from Hastings St to Viewland Drive on the proposed public pathways through the site.

Private Walkways

248.   The Developer may construct the private walkways as shown on the Site Plan to the outdoor viewing
       platform and pool and deck east of A Block.

249.   The private walkways shall be constructed using timber boardwalk, stone, dark coloured concrete or such
       other materials subject to the approval of Council. The private walkways shall be constructed using
       minimum earthworks.

250.   Detailed plans and specifications for the private walkways are to be submitted to Council for approval prior
       to the issue of a Development Permit for Operational Works- Landscaping for the Resort.

Sewerage

251.   The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in
       accordance with Council’s standards and requirements at no cost to Council.

252.   The Developer must, at its own cost, construct a series of private reticulation sewers within the Resort,
       which are to be discharged into the proposed Council sewer main at an approved connection point.




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Water Supply

253.   The site shall be connected to Council’s existing town water supply and be constructed in accordance with
       Council’s standards and requirements at no cost to Council.

254.   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 consultation may also be needed 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 Plumbing Works and
       Building Works approval 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.

255.   Water supply to the Resort is to be by connection into existing water mains adjacent to the site.

Other Services

256.   The Developer shall provide Electricity, a TV antennae system and Telecom services to the resort. All
       electricity and Telecom services shall be provided underground.

257.   All electricity and Telecom services are to be contained with the existing road reserve, external to the Site.
       The Developer is to provide street lighting on-site.

Traffic – External

Traffic Management Plan

258.   The Developer shall submit a Traffic Management Plan prepared by a Registered Professional Engineer
       of Queensland specialising in traffic management for approval by the Manager – Land Development with
       the lodgement of any application for operational works for the Site. Detailed plans and specifications
       based on and generally in accordance with the Traffic Management Plan (and prepared after consultation
       with officers of the Council) are to be submitted with the relevant applications for either operational works
       or building works and to the reasonable satisfaction of the Manager – Land Development and Manager -
       Land Use.

259.   The Traffic Management Plan shall include, but not be limited to, the following:

       259.1. construction vehicle management;

       259.2. the number of construction vehicle movements per day on Viewland Drive to ensure impacts on
              residents are limited;

       259.3. car park provisions during construction.

       259.4. limited access management during construction hours;

       259.5. signage management;

       259.6. operational vehicle management; and

       259.7. speed limit requirements.

Traffic Management for Morwong Drive and Viewland Drive

260.   Access to the Resort is to be via Viewland Drive from 7:00 am to 7:30 pm and from Morwong Drive from
       7:00 pm to 7:30 am.

261.   Appropriate signage to the reasonable satisfaction of the Manager – Land Development and Manager
       Land Use advising guests, visitors, employees and invitees of the Resort of the access arrangements is to
       be erected. A sign shall be provided at the Morwong Drive cul-de sac head.

262.   Guests of the Resort are to be informed at the time of making a reservation of the access arrangements
       on Site.

263.   Local taxi companies and bus and tour operators are to be informed of the access arrangements on Site.




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264.   The Developer is to provide sufficient information at the Morwong Drive entrance to the Resort and at the
       Viewland Drive entrance to the Resort to enable a person seeking to enter the Resort to locate the
       alternative access if the access initially chosen by the person is closed.

265.   The Developer must construct, to the reasonable satisfaction of the Manager – Land Use, a control
       mechanism and sufficient turning movements on Site to ensure the split time access regime is enforced.
       Such control mechanism will include control barriers that cannot be operated by guests or visitors of the
       Resort to gain access to the Resort outside of the hours specified in these conditions. A gate shall be
       installed at the northern end of the resort access road (Alma Way) on Lot 113 where it joins with Morwong
       Drive but south of the Halse Lodge entry and shall be accessible at all times to the residents of the
       ‘Viridian Residences’ on Lot 13 on SP151409; or alternatively the gate shall be installed in a location to
       the reasonable satisfaction of the Manager Land Development.

266.   Vehicles must not be driven on Alma Way after 7:00pm or parked on Alma Way at any time south of the
       southern most gate, ie between that gate and the Viewland Drive exit.

Morwong Drive

267.   No construction vehicles are to use Morwong Drive for access to the Site.

Alma Way

268.   Entry to the Resort Site is not to be constructed as a cross-over, but as a street extension with different
       pavement to distinguish entry and appropriate signage to be installed, subject to the approval of the
       Manager – Land Development, which approval shall not be unreasonably withheld.

269.   The formal entry will be positioned so it does not cause vehicles to egress in reverse when access is
       prohibited from Morwong Drive.

270.   Details of any proposed estate entrance sign shall be submitted in conjunction with an application for a
       development permit for operational works for either road works or landscaping. The applicable fee at the
       time the application is made shall accompany the application.

Viewland Drive

271.   Immediately following the completion of construction of the Resort, the Developer shall reseal Viewland
       Drive with a minimum 30mm thick AC surface seal to Council specifications from Noosa Drive to the uphill
       side of the access facility in accordance with best practice methods.

272.   The entry from Viewland Drive will allow queuing of at least four cars clear of the road entering the Site
       from the street. It will also cater for turnaround facilities on the entry side of the gatehouse.

273.   Vehicular access is to be focused on the Resort Central Facilities Building – V Block, which is to provide
       the formal entrance destination. The balance of the Resort is to be serviced by way of a series of internal
       roadways.

274.   Details of any construction works described in this condition are to be included in an application for a
       development permit for carrying out operational works.

275.   Details of any proposed estate entrance sign shall be submitted in conjunction with an application for a
       development permit for operational works for either road works or landscaping. The applicable fee at the
       time the application is made shall accompany the application.

Traffic – Internal

276.   Detailed plans and specifications for all Internal Roads are to be submitted with the relevant applications
       for either operational works or building works.

277.   The maximum width of internal roads is to be 5.5 metres. The maximum desirable grade of the internal
       roads is 15 percent as per Council’s Planning Scheme Policy PSP5. Details of any sections where the
       grade is proposed to be greater shall be submitted with Operational Works application for roadworks,
       together with justification for this non-compliance with Council’s Policy.

278.   All retaining walls and bridge design and construction are to be certified by a Registered Professional
       Engineer of Queensland for the life of the development.




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279.   The internal road design must meet the technical criteria contained in the Queensland Streets Manual to
       establish vertical and horizontal geometry for access routes.

280.   A speed limit of 20km/h will be imposed throughout the Resort. If in practice vehicles in Alma Way
       frequently exceed the 20km/h speed limit or cause a noise nuisance to neighbouring residents further
       reasonable measures to control the speed of vehicles are to be implemented at the direction of the
       Manager – Land Development.

Driveway Access

281.   Detailed plans showing driveway accesses to each villa and car park and specifications are to be
       submitted with the relevant applications for either operational works or building works and are to be to the
       reasonable satisfaction of the Manager - Land Development.

282.   All driveway accesses shall be designed and constructed to Council’s design standards, AS2890.1-2004
       and Queensland Streets and to grades that prevent vehicles from scraping and/or bottoming whilst also
       allowing pedestrians movements along the footpath without any level difference. Should any driveways
       be constructed to grades that do not comply with AS2890.1-2004, Council will require that the driveway be
       removed and reconstructed to levels that do comply.

283.   To ensure pedestrian safety between vehicles existing 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 AS2890.1, section 3.2.4. The applicant shall demonstrate compliance by
       illustrating these sight lines on the plans submitted for both Operational Works approval and Building
       Works approval.
Carparking
Off Street
284.   A Car Parking Management Plan shall be submitted to Council and shall be to the reasonable satisfaction
       of the Manager Land Use prior to the issue of a development permit for Operational Works detailing, at a
       minimum:

       284.1. Compliance with AS2890.1-2004,

       284.2. Construction parking provisions,

       284.3. Operational on-site carpark provisions addressing the following issues:

               284.3.1.     Parking spaces within the Resort will not be titled;

               284.3.2.     The theatrette located in Building D will be used for resort operations only and will
                            not be available for public use;

               284.3.3.     At check-in, guests (with cars) will be allocated a parking bay for the duration of their
                            stay. Guests will be advised of their allocated parking bay location and provided
                            with details how to access this parking space;

               284.3.4.     At check-in guests will be advised that any external visitors they may invite to the
                            site shall utilise the available at-grade parking spaces or contact reception to be
                            allocated a short-term parking space;

               284.3.5.     During peak times guest carparking spaces may not be located within the same
                            building as their accommodation unit (if staying within Buildings D, G, H or I);

               284.3.6.     All tandem carspaces shall be managed by valet carparking or other arrangements
                            satisfactory to Council;

               284.3.7.     Persons without cars shall be allocated rooms wherever possible in Buildings I or H.

               284.3.8.     Carspaces in Building V and I shall be made available and directions erected for
                            restaurant and conference room external customer use in order to meet demand;

               284.3.9.     A 22 seat bus shall be available to provide a shuttle service at all times as required;




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               284.3.10.     The 4 car spaces located in the immediate vicinity of resort reception will be limited
                             to drop-off and pick-up and reception functions;

               284.3.11.     Staff carparking will be allocated whenever possible to double garages in dwelling
                             units on the site, tandem spaces including those in Building V, or otherwise in
                             basement carparks.

               284.3.12.     A minimum of 20 spaces in the immediate vicinity of the Health Spa will be clearly
                             signed for Health Spa Parking only. When booking spa treatments, external guests
                             will be advised of the proximity of Health Spa to Hastings Street, the direct pathway
                             network between the Spa and Hastings Street and the limited amount of parking
                             provided on site.

               284.3.13.     Upon booking a reservation, guests (particularly inter-state or international visitors)
                             will be encouraged not to use a motor vehicle (ie. hire car) during their stay. The
                             guest will be advised of the provision of all essential services within close walking
                             distance of the resort;

               284.3.14.     An airport pick-up/drop-off service between the site and Maroochy Airport will be
                             provided. This service will be offered on an as-needed basis.

               284.3.15.     Conference attendees not utilising on-site accommodation and not located within
                             walking distance of the site will be advised that there is no on-site parking facilities
                             and offered a morning and afternoon shuttle bus service;

               284.3.16.     The resort will provide a minimum of 10 scooters for the exclusive use of guests; and

               284.3.17.     Resort staff will be encouraged to utilise non-private car modes such as walking,
                             cycling and public transport. It is noted that the site is well positioned with relation to
                             Noosa’s public transport and pathway network.

285.   Carparking shall be provided within the site as shown on drawing number 1013 DA-01-09 Issue 5 dated
       28 November 2006 prepared by JMA Architects Pty Ltd, except as modified herein.

286.   A minimum of 319 carpark spaces, of which 293 are covered carpark spaces, 26 are uncovered;
       maximum 64 (32 x 2), are tandem spaces, shall be provided on site, including 9 clearly defined disabled
       carpark space. Parking spaces within the Resort shall not be titled.

287.   A minimum of 39 scooter park spaces will be provided on site.

288.   The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for user class 2
       with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head
       clearance (headroom) at any point of 2.2m.

289.   The proposed turning area at the end of any aisle shall be line-marked with chevrons and have the words
       “No Parking” painted on the pavement. A sign shall also be provided to indicate that the area is a
       “Turning Area Only” and that “No Parking is Permitted”.

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

291.   The parking areas and access to the areas must be paved or sealed to the reasonable satisfaction of the
       Manager - Land Development.

292.   The operator of the Resort shall provide adequate carparking spaces on site for staff of the Resort, and
       shall not order staff to park off-site. The community management statement for any or all bodies
       corporate having control of any part of the Resort shall reflect this condition.

293.   The operational phase of the Resort following completion of construction, shall comply with the following:

       293.1. Buses are to be limited to 22 seat capacity shuttle buses.

       293.2. Delivery vehicles for provisions, linen, etc are to be rigid vehicles not exceeding 11 metres in
              length.




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       293.3. Garbage removal vehicles are to be limited to standard garbage trucks and/or standard vehicles
              for the delivery/removal of garbage compacters.

       293.4. Service garbage and delivery vehicles may operate only between the hours of 8.00am and 5.00pm
              Monday to Saturday.

Attunga Heights - Lot 27 on RP89506.

294.   The future use of Alma Way and adjacent public pathways (including connections) by vehicles and
       pedestrians ingressing/egressing Lot 27 on RP89506 is to be in accordance with the relevant conditions
       imposed in the Development Approval granted by the Minister for Local Government and Planning in
       respect of Lot 27 on RP89506. Access shall be permitted in accordance with these conditions.

Earthworks

295.   All earthworks are to be undertaken in accordance with approved engineering drawings and shall be
       certified by a suitably qualified Registered Professional Engineer of Queensland at design and
       constructed stage.

296.   All related management plans will be complied with during the performance of the earthworks.

297.   No earthworks shall occur within the 10 metre setback to the intermittent creek.

298.   All earthworks shall be part of an operational works application in accordance with the Integrated Planning
       Act 1997.

299.   Filling works required on site shall be carried out in accordance with Section 3.8 of Council’s Engineering
       Design Standards Manual and so as not to cause the additional ponding of water on any adjoining lands
       or the blockage of, or interference with, any natural watercourses. Detailed site surveys indicating natural
       surface levels and contours of the adjoining properties must be provided with the application for a
       Development Permit for Operational Works for Filling and Drainage.
       This may require the design and construction of drainage pipes and/or an overland flow-path within the
       development site that caters for drainage from the adjoining sites for a design storm with an Average
       Recurrence Interval of 1 in 100 years. A private easement for the Drainage of Water encompassing the
       drainage pipes or overland flow-path will also be required. In this regard a Development Permit for
       Operational Works shall be obtained.
       Should evidence be provided to Council indicating that no additional ponding of stormwater will occur on
       the adjoining properties the requirement for the drainage pipes, overland flow-path and easement shall
       not apply.
Certification

300.   All engineering, stormwater management and building works described in this development approval are
       to be certified by a suitably qualified Registered Professional Engineer of Queensland at both the design
       and the construction stage. The certification should show that the engineer is satisfied that all
       construction has taken place in accordance with the design and the relevant Australian Standards and
       used best practice methods.

Fire Management Plan

301.   A fire management plan shall be prepared by a suitably qualified person with proven expertise in the
       preparation and implementation of fire management plans, stating recommendations for reasonable and
       practicable fire protection measures.

302.   The fire management plan may be prepared in conjunction with the Noosa Fire Brigade, if they are willing
       to assist.

303.   The Fire Management Plan shall demonstrate a high level of environmental care and responsibility and be
       consistent with best practice for developments of this type in similar environments.

304.   The Plan shall meet the provisions of the Queensland Fire and Rescue Authority Act 1990.

305.   The fire management plan shall address the following matters to the reasonable satisfaction of the
       Manager – Land Use:




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       305.1.   expected behaviour of fire on the Site;

       305.2.   fire hazard management actions and risk minimisation strategies;

       305.3.   fuel load management and consequent fire hazard within vegetated areas;

       305.4.   setback zones, proposed building construction methods, materials and design;

       305.5.   gutter treatment to avoid the collection of leaves;

       305.6.   fire hydrant locations;

       305.7.   access for fire fighters;

       305.8.   landscaping measures to reduce fire risk;

       305.9.   access between structures and vegetated areas;

       305.10. fire suppression and evacuation procedures;

       305.11. how the ecological values, vulnerable plant species, habitat values and the visual and amenity
               values of the vegetation will be retained/protected;

       305.12. required infrastructure - vehicle access tracks, fire breaks, hydrants, etc;

       305.13. maintenance requirements for the above infrastructure;

       305.14. how fires on-site will be prevented from crossing onto the adjacent National Park and adjoining
               residential properties;

       305.15. coordination with Queensland Parks and Wildlife Service’s fire management activities and
               procedures;

       305.16. coordination with other relevant organisations and agencies;

       305.17. owners and operators training and responsibilities;

       305.18. implementation procedures.

       The fire management plan shall be submitted to Council in conjunction with an Operational Works
       Application with respect to the Site.

306.   The Developer shall not commence any development on Site until the fire management plan is approved
       by the Manager – Land Use.

307.   The Developer shall comply with the fire management plan and compliance with the fire management
       plan shall be addressed by the community management statement of any or all bodies corporate having
       control of any part of the Site.

308.   The Developer may amend the fire management plan only with the prior written approval of the Manager –
       Land Use, which is not to be unreasonably withheld.

Information to be Provided to Registered Proprietors

309.   The Developer must provide a bushfire information kit to purchasers of allotments on Site.      The bushfire
       information kit must be prepared to the reasonable satisfaction of the Manager – Land Use.
Service Easements
310.   All existing easements located over Council assets or to provide access within the Lot 113 on SP188650
       shall be retained, unless otherwise approved by Manager Land Development.




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311.   A registered easement shall be created over any stormwater drainage pipes within the site that collect
       stormwater from a Council road or convey stormwater from any adjoining property (for example, where
       drainage pipes are provided within the site to prevent adjacent properties from additional ponding/flooding
       due to the subject site being filled).

312.   No building or other structure shall be constructed or encroach over an easement.
Vegetation Protection & Preservation
313.   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.
314.   Where retained tress 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.
Headworks Contributions
315.   Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP17 and PSP16
       on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at
       the rates applicable at the time of payment. An estimate only of the contribution rates under the current
       policies is outlined below. These amounts will adjusted in line with changes to the Consumer Price Index,
       All Groups Brisbane from December 2006 until the date of payment.
       Water Supply          $980,000
       Sewerage              $743,926
       TOTAL                 $1,723,926
       All headworks contributions must be paid prior to the issue of a Development Permit for Operational
       Works.
       Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the headworks
       contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
       In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled,
       the contribution or trading bank guarantee will be returned.
General
316.   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.

317.   Digital detailed design drawings and calculations shall be submitted with any application for a
       Development Permit for Operational Works in respect of roadworks and stormwater drainage works. 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.

318.   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).

319.   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.

320.   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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321.   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.

322.   As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer for design
       intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of all services
       and structures. All of which shall be submitted to Council for checking and for Council’s records.

       The data must fully detail levels for all engineering works including but not limited to drainage structures,
       finished ground levels and pavement surface levels. The data shall be submitted in the Asset Design and
       As Constructed (ADAC) digital format.            (Guidelines on the use of ADAC are available at
       www.adac.com.au).

       Approval of works shall not be granted until all As Constructed information has been supplied and
       accepted by Council.




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                                    Concurrence Agency Conditions –
                                    Environmental Protection Agency
                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION




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                                       Local Laws, Policies & State
                                       Regulation Requirements
                                       INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


     THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM
                             CONDITIONS OF APPROVAL

1.      The applicant is informed that approval of this development application will trigger an Infrastructure
        Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated
        amount of $918,863 and is subject to variations in the Consumer Price Index, All Groups Brisbane from
        December 2006 until the date of payment. An Infrastructure Charge Notice will be issued in accordance
        with Chapter 5 of the Integrated Planning Act 1997.

2.      The applicant is advised that development contributions and infrastructure charges applicable to this
        development approval have been based on the Uses Class/ Uses as shown at Attachment 4

3.      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.

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.      The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law
        No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that
        makes or causes audible noise to be made from the building work:-

        5.1.   On a Sunday or public holiday, at any time; or

        5.2.   On a Saturday or a business day, before 7.00am or after 6.30pm.
        A maximum penalty of $1,500 applies to an offence under this legislation.
6.      We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the
        Disability Discrimination Act (DDA) in regard to the installation of disabled access and the provision of
        disabled facilities, and that access to this building and the provision of sanitary facilities may need to
        comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of
        Australia.

7.      Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of
        operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In
        accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the
        Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the
        requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational
        works must be submitted to Council with the lodgement of any application for operational works over the
        site.

8.      Council does not consider the use of the street name “Little Hastings Street” to be acceptable as it is
        confusing with the other street names of Hastings Street and Upper Hastings Street.

Building Services

9.      The plans for the proposed building work have not been assessed for compliance with the requirements of
        the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the
        matter that either or both the Disability Discrimination Act 1992 (commonwealth) and the Anti-
        Discrimination Act 1991(Queensland) may impact on the proposed building work.
        Noosa Council recommends that the following matters be considered to address equitable access and
        facilities in the building:
        (a) The building and environs should be designed to meet the requirements of the Human Rights and
            Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS1428.2;



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       (b) Applicants should be aware that a “Disability Standard on Access to Premises is being developed
           and most likely will result in changes to the Building Code of Australia;
       (c) Any services and facilities in the building complex must allow independent, dignified and equitable
           use of the services and facilities for all people.
10.    At the date of adoption of The Noosa Plan, the siting of structures is nominated in Schedule 1. Land Use
       section will assess the siting of all structures.

11.    The following information is provided as a guide to assess the siting of the pools.

       11.1. The swimming pools on the two duplexes are proposed to be constructed with a setback of
             approximately 0 metres from the outermost projection to the front boundary.

       11.2. A swimming pool is a structure by definition and would generally need to comply with setback
             requirements applicable to a Class10B structure, under the planning scheme they may be
             considered as part of the landscaping elements applicable to the development.

       11.3. Swimming pools, where the minimum distance from the water to the road frontage is: -
              (A)    where the vertical distance to the coping above the finished ground level is not more than
                     1.2m – 1.5m; or
              (B)    where a solid wall or fence at least 1.8m high above finished ground level is constructed
                     between the water and the road frontage and the top of the wall or fence is at least1.0m
                     above the top of the coping of the pool.
       11.4. Prior to the commencement of the development, a plumbing assessment must be obtained from
             Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage Act 2002
             (as applicable).

       11.5. No assessment has been carried out in regard to exits, the fire services, fire separation, fire
             resistance levels, disabled access or facilities. The building certifier will assess these aspects as
             part of the building application.




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                                      List of Submitters
                                      INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION



Alan A Williams      Noosa Cove                       82 Upper Hastings Street     NOOSA HEADS QLD 4567
Lew Wheller          Body Corporate for Number 1      PO Box 385                   NOOSA HEADS QLD 4567
Lew Wheller          Body Corporate for Hastings      PO Box 385                   NOOSA HEADS QLD 4567
                     Park
John Morris          Chairman, Viridian               9 Mainwaring Rise            NOOSA HEADS QLD 4567
                     Residences Body Corporate
Laurel    George,    Anglican Church of Australia     GOP Box 421                  BRISBANE QLD 4001
Property Officer
Dorcen & Jenny                                        15 Saville Terrace,      3   NOOSA HEADS QLD 4567
Walters                                               Morwong Drive
Annette Schmiede     Normle Pty Ltd                   17b Stanley Ave              MOSMAN NSW 2088




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                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

   The following is an extract from the Integrated                           (6) If an application involves assessment against
   Planning Act (Chapter 4).                                              a concurrence agency code, appeal rights for
                                                                          submitters for the application are not available
   Division 8 - Appeals to                   court      relating     to   against the part of the approval that represents the
   development applications                                               concurrence agency’s response for the code.
   Appeals by applicants                                                  Appeals by advice agency submitters
   4.1.27.(1) An applicant for a development application                  4.1.29.(1) An advice agency may, within the limits of
   may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
   (a) the refusal, or the refusal                 in   part,   of   a    a development approval for a development
       development application;                                           application if-

   (b) a matter stated in a development approval,                         (a) the development application involves impact
       including any condition applying to the                                assessment; and
       development, and the identification of a code                      (b) the advice agency told the applicant and the
                            1
       under section 3.1.6;                                                   assessment manager to treat its response to the
   (c) the decision to give a preliminary approval when a                     application as a submission for an appeal.
       development permit was applied for;                                   (2) The appeal must be started within 20 business
   (d) the length of a currency period;                                   days after the day the decision notice or negotiated
                                                                          decision notice is given to the advice agency as a
   (e) a deemed refusal.                                                  submitter.
      (2) An appeal under subsection (1)(a) to (d) must                   Appeals for matters arising after approval given
   be started within 20 business days (the “applicant’s                   (co-respondents)
   appeal period”) after the day the decision notice or
   negotiated decision notice is given to the applicant.                  4.1.30.(1) For a development approval given for a
                                                                          development application, a person to whom any of
       (3) An appeal under subsection (1)(e) may be                       the following notices have been given may appeal to
   started at any time after the last day a decision on the               the court against the decision in the notice-
   matter should have been made.
                                                                          (a) a notice giving a decision on a request for
   Appeals by submitters                                                      extension of the currency period for an approval;
   4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
   may appeal to the court about-                                             minor change to an approval.
   (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
       any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
       provisions of the approval; or                                     to the person.
   (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
                                                                          approval resulted from a development application
       (2) The appeal must be started within 20 business                  (superseded planning scheme) that was assessed as
   days (the “submitters appeal period”) after the day                    if it were an application under a superseded planning
   the decision notice or negotiated decision notice is                   scheme.
   given to the submitter.
                                                                             (4) Also, a person who has made a request
      (3) If a person withdraws a submission before the                   mentioned in subsection (1) may appeal to the court
   application is decided, the person may not appeal the                  against a deemed refusal of the request.
   decision.
                                                                              (5) An appeal under subsection (4) may be
      (4) If an application involves both impact                          started at any time after the last day the decision on
   assessment and code assessment, appeal rights for                      the matter should have been made.
   submitters are available only for the part of the
   application involving impact assessment.                               Division 9 - Appeals to court about other matters
       (5) If an application is processed under section                   Appeals for matters arising after approval given
   6.1.28(2), appeal rights for submitters for the                        (no co-respondents)
   application are available only for the aspects of the
   development that would have required public                            4.1.31.(1) A person to whom any of the following
   notification under the repealed Act.                                   notices have been given may appeal to the court
                                                                          against the decision in the notice-
                                                                          (a) a notice giving a decision on a request to change
                                                                              or cancel a condition of a development approval.
   1
        Section 3.1.6 (Preliminary approval may override local planning
       instrument)



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Page 51

NOOSA COUNCIL IDAS Development Application Decision Notice                                             51 of 51

                                      2
(b) a notice under section 6.1.44 giving a decision to
    change or cancel a condition of a development
    approval.
    (2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
   (3) Also, a person who has made a request
mentioned in subsection (1)(a) 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.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
    (2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.




2
     Section 6.1.44 (Conditions may be changed or cancelled by
    assessment manager or concurrence agency in certain
    circumstances)




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