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SUPERSEDED Compiled Decision Notice [As Published] · 132005.1189.02

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


 File No:    2005/1189                          Date of Decision:      30 August 2007

1.     APPLICANT DETAILS

 Name:             Widewaters Investments Pty Ltd

 Postal address:   CARE Urban Strategies
                   PO Box 939
                   MAROOCHYDORE QLD 4558

 Phone no:         5443 9335                Fax no:       5443 9885

2.     PROPERTY DESCRIPTION

 Street address:   201 Gympie Terrace, Noosaville and 3-9 Thomas Street, Noosaville

 Real property     Lot 6 RP 66345, Lots 1 & 2 RP 102594 and Lot 3 SP 137628
 description:      County of March, Parish of Weyba

3.     OWNER DETAILS

 Name:             Widewaters Investments Pty Ltd

 Postal address:   PO Box 1510
                   NOOSA HEADS QLD 4567

4.     REFERRAL AGENCIES

 Referral Agency           Address                                                    Basis
 Department of Natural     PO Box 573, Nambour QLD 4560                               Advice Agency
 Resources & Mines

5.     APPLICATION TYPE

 Development                        Development Details                     Preliminary         Development
                                                                             Approval              Permit
 Material Change of Use             Shops, Restaurant and Multiple               No                   Yes
                                    Dwelling (5 Units)

6.     DECISION DETAILS

Council on 2 March 2006 decided to approve the application and grant a Preliminary Approval, subject to
conditions.
In relation to representations made by the Applicant, Council on 30 August 2007 decided to:
A.     Approve a change to Condition 42.

B.     Advise the applicant that should it wish to fund Council’s proposed portion of one third of the cost of
       undergrounding powerlines in order for the powerlines to be undergrounded whilst the development is
       being undertaken, these monies (one third the cost of undergrounding powerlines) will be refunded by 30
       June 2009.
C.     Issue a Compiled Decision Notice.
Full text of the other 15 pages

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NOOSA COUNCIL IDAS Development Application Decision Notice                                                 2


7.     APPLICABLE CODES

The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Not applicable.

8.     SUBMISSIONS

2 properly made submissions received. See attached list.

9.     CONDITIONS

The approval is subject to conditions. Noosa Council’s conditions are attached.

10.    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                 Subject of the required Development Permit
 Development Permit for Operational Works            Landscaping, car parking and access, frontage works,
                                                     stormwater drainage and filling of the site

 Development Permit for Building Works               All building works

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                              Date:      16/06/06




DECISION NOTICE HISTORY
 Original Decision Notice 2 March 2006.
 Negotiated Decision Notice with amendment to
   Conditions 2.6, 2.9, 2.10, 2.11, 3, 5, 11, 17, 18, 19,
   21, 31 and 34 and deletion of Conditions 1, 2, 2.1,
   2.2, 2.3, 2.4, 2.5, 2.7, 2.8, 2.12, 75, 81 and the
   requirement for a further Development Permit for
   Material Change of Use of Premises on 15 June
   2006.
 Compiled Decision Notice with amendment to
   condition 42 on 30 August 2007




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                   3




                                    Noosa Council Conditions
                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


Land Use
1.     Deleted.

2.     The following changes shall be made to the building:-

      2.1.   Deleted.

      2.2.   Deleted.

      2.3.   Deleted.

      2.4.   Deleted.

      2.5.   Deleted.
                                                                       2
      2.6.   The outdoor dining areas shall not exceed a total of 44m total use area, be clearly identified on
             site and predominantly unenclosed as shown on the approved development plans.

      2.7.   Deleted.

      2.8.   Deleted.

      2.9.   The building shall include a mix of lightweight and textured external building materials including
             timber, with variation in texture and detailing of the masonry finishes as shown on the approved
             development plans.

      2.10. ‘Soft’ landscape areas at natural ground level along the full frontage to Thomas Street and Gympie
            Terrace shall be no less than shown on the approved development plans.

      2.11. The existing Norfolk pine tree on the road reserve to Thomas Street shall be retained and
            protected during construction. A permeable surface shall be provided around the tree to the
            reasonable satisfaction of the Manager of Land Use.

      2.12. Deleted.

3.    Development undertaken in accordance with this approval must generally comply with the approved plans
      of development. The approved plans are numbered DA-01c Option C, DA-02B, DA-03C, DA-08d, DA-09c
      dated March 2006, DA-04B, dated November 2005 prepared by Foster Designs Pty Ltd Architects and as
      may be amended by these conditions.

4.    The development must be undertaken and operated in a manner that causes no detrimental effect upon
      the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other
      emissions.

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

      5.1.   A 200 litre native tree to the Thomas Street frontage adjacent the southern side boundary.

      5.2.   Street planting to Gympie Terrace and Thomas Street, incorporating a minimum of 5 x 100 litre
             trees to Thomas Street and 2 x 100 litre trees to Gympie Terrace.

6.    An acoustic fence shall be provided along the southern and western boundaries.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                        4


7.    The car park shall be ungated during the operating hours of the shops and restaurant. Where a gate is
      provided to the car park outside the operating hours of the shops and restaurant, an intercom system or
      the like shall be provided for visitors of the dwelling units.

8.    The shops and restaurant shall not operate outside the hours of Sunday to Thursday 7am to 10pm, and
      Friday and Saturday 7am to 12 midnight.

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

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

11.   Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining
      as open structures, apart from the screens depicted on the approved developments.

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

13.   All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
      (LPG or natural).

14.   Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 must be submitted,
      to secure performance of all conditions of this approval, prior to the issue of a Development Permit for
      Operational works. The cash bond or trading bank guarantee will be returned on performance of the
      conditions of approval less 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 developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to
      obtaining a Development Permit for Building Works.

17.   This Development Permit for a material change of use of premises lapses if the use has not happened by
      15 June 2010, unless an application to extend the currency is approved by Council.
Building Services
18.   A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged
      with Council at completion of the work confirming compliance with the minimum required floor level and
      the maximum building height above natural surface, as permitted by the approved development plans.

19.   Fencing to the swimming pool must comply with the Queensland Building Act 1975 Part 3 (as amended)
      and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from the dwelling to the
      pool enclosure is not permitted.
Land Development
Lot Amalgamation
20.   All separate, adjoining lots that form part of this application shall be amalgamated into one undivided lot in
      accordance with Section 3.7.3 of the Integrated Planning Act and the Plan of Survey submitted for
      registration at the Land Titles Office. Proof of title being issued for the amalgamated lot shall be
      submitted to Council prior to the issue of the Development Permit for Operational Works.
River Flooding
21.   All buildings proposed on site (and areas utilised for carparking purposes associated with the buildings)
      shall be constructed at Council’s Minimum Floor Height requirements as defined in Council’s Planning
      Scheme and on Council’s Scheme Maps at the time of issue of the Building Permit.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                       5


       In this regard and as an indication only – the shops & restaurant should have a Minimum Floor Height of
       RL 2.8m (AHD). These levels however are subject to change and verification shall be made to Council’s
       Land Development Section prior to obtaining a Development Permit for Building Works. If these levels do
       change to a level higher than specified above, the building height may be increased a corresponding
       amount.
       The applicant should note that compliance with these levels does not necessarily require the site to be
       filled as an equal result can be achieved by suspending the lower levels of the building as opposed to
       filling. To this extent excessive filling should be avoided to prevent any impacts on neighbouring
       properties and minimum floor levels should be strictly adhered to without building higher than is actually
       needed to prevent flooding.
Vehicle Access
22.    A vehicular access driveway to serve the development shall be constructed from the Thomas Street
       frontage of the site with a maximum width of 5.8m.

23.    The driveway shall be designed and constructed to Council’s design standards and to grades that prevent
       vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath
       without any level difference. Should any driveways be constructed to grades that do not comply with
       AS2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do
       comply.
       Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the
       footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
24.    All vehicles shall enter and leave the site in a forward direction.
Loading Areas
25.    The combined loading zone / carpark space, as shown on drawing number DA-01a dated November 2005
       by Foster Designs Pty Ltd, shall operate as a Loading Zone between the hours of 8:00 am to 5:00 pm
       weekdays and shall be sign posted to indicate this.

26.    The combined loading zone / carpark space shall also be at least 2.6m wide by at least 9.0m long.
Carparking
27.    Carparking shall be provided within the site generally in accordance with drawing number DA-01a dated
       November 2005 by Foster Designs Pty Ltd, except as modified herein.

On Street

28.    The carparking area shall be designed to comply with the provisions of Austroads – Part 11, 1994 for
       kerbside parallel parking, and shall be generally in accordance with DA-01a prepared by Foster Designs
       and dated November 2005. The parallel spaces shall have a minimum length of 6 metres with the end
       bays being 5.5 metres length.
Off Street
29.    The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for User Class 1A
       for the residential and staff spaces, User Class 3 for the commercial spaces, and User Class 4 for
       disabled spaces, with allowance for vehicles to enter and leave the site in a forward gear and with a
       minimum head clearance (headroom) at any point of 2.2m.

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

31.    All staff carpark spaces shall be clearly defined by line marking each space with the words “Staff Parking
       Only”. Staff parking shall include spaces 1, 2, 12, 13, 24 & 25 as shown on Ground Floor Plan DA-01a
       prepared by Foster Designs and dated November 2005 shall be marked for staff parking.
Vegetation Protection
32.    Vehicular pavements within the drip zone of the existing Norfolk Pine tree on site to be retained shall be
       designed as a pervious pavement (such as grass paving cells or similar), as this will allow water that falls
       on this surface to penetrate to the trees root system. The pavement shall be constructed so as not to
       damage the tree or their root system and in this regard temporary fencing shall be provided around the
       trees during construction to help protect them.
       Plans shall be submitted to the Council for approval that clearly show the type and extent of the pervious
       pavement and the temporary fencing prior to obtaining a Development Permit for Operational Works.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                      6


Park Contributions

33.   A Park contribution of $5,489 towards the acquisition of additional parkland or the improvement of existing
      parkland and facilities in the locality shall be paid to the Council prior to obtaining a Development Permit
      for Operational Works in accordance with Council’s Planning Scheme Policy PSP24 Park Requirements.
      This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from
      December 2005 until the date of payment.
Frontage Works

34.   The proposed works in the road reserve shall be in accordance with plan DA-01c-OPTIONC prepared by
      Foster Designs and dated March 2006. The landscaping against the kerb shall use plants of a maximum
      mature height of 300mm. The width of pathway around the corner of Gympie Terrace and Thomas Street
      shall be maintained at a minimum width of 2.5 metres on the corner. The width of the pathway shall be
      maximized at all times for pedestrian useability.

35.   A new full width concrete or paved path shall be constructed along the Thomas Street and Gympie
      Terrace frontages of the site in accordance with Council’s design standards. Provision shall for street tree
      planting shall include pedestrian friendly permeable surfaces around the root system of those trees a
                      2
      minimum of 1m . Care shall be taken to protect any underground services.

36.   A pram ramp shall be installed at the roundabout of Gympie Terrace and Thomas Street (on the Gympie
      Terrace frontage) in accordance with the Disability Discrimination Act 1992 and Australian Standard
      AS1428.1-2001 “Design for access and mobility”.

37.   The existing pram ramp in Thomas Street shall be upgraded to comply with the Disability Discrimination
      Act 1992 and Australian Standard AS1428.1-2001 “Design for access and mobility”.

38.   All paths and pram ramps shall be designed and constructed to ensure pedestrian safety using non-slip
      materials and to produce an evenly graded surface finish.

39.   All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath
      paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications
      prior to commencement of the use permitted by this permit.

Roadworks Contributions (Local Road Network)

40.   A roadworks contribution of $2,145.40 towards safety improvements to Gympie Terrace shall be paid to
      the Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to
      variations in the Consumer Price Index, All Groups Brisbane from December 2005 until the date of
      payment.
Pathway Contributions
41.   A pathway contribution of $1,234 towards external major pathways, in accordance with Planning Scheme
      Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the Council prior to obtaining a
      Development Permit for Operational Works. This amount will be subject to variations in the Consumer
      Price Index, All Groups Brisbane from December 2005 until the date of payment.
Undergrounding Power
42.   A contribution of one third of the cost of undergrounding the overhead electricity wires to the Gympie
      Terrace and Thomas Street frontage of the development shall be paid to Council prior to commencing the
      use. Conduits shall be installed along the site’s full frontages to Gympie Terrace and Thomas Street to
      the satisfaction of Council and Energex.

Stormwater Drainage

43.   All stormwater drainage shall be collected on site and discharged so there is no net increase in
      stormwater runoff from the site. Stormwater drainage permitted to drain from the site shall be discharged
      to Council’s kerb & channel street drainage system in both Gympie Terrace and Thomas Street. Plans of
      the drainage design shall be prepared by a Registered Professional Civil Engineer and submitted to
      Council prior to obtaining a Development Permit for Operational Works.
      The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street drainage
      system at any one location is 25 litres/second.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                        7


44.   The existing open concrete channel running along the base of the retaining walls of adjoining properties
      on the southern boundary of Lot 2 RP102593 and at the rear boundary of Lots 1&2 RP102594 and Lot 2
      RP102593 shall be replaced by piping to drain any areas of the site or adjoining lots that pond due to
      proposed filling.

45.   Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank (minimum
      storage 3000 litres per dwelling unit) that is plumbed to service the toilets in the new dwelling and
      landscaping areas. The design of the rainwater storage system shall be to the satisfaction of the Manager
      Plumbing Services.

46.   As the site is proposed to be filled, appropriate stormwater drainage pipes shall be installed within the site
      to collect and discharge stormwater runoff from all adjoining properties to prevent additional
      ponding/flooding on these properties.

47.   Drainage of the site shall be in accordance with the principles of Council’s - Noosaville Master Drainage
      Plan to ensure that the site discharges to the appropriate drainage catchments. This information can be
      obtained from Council’s Technical Officer - Development, by contacting 5449 5263.

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

50.   All stormwater drainage lines including inter-allotment drainage shall be inspected by closed circuit
      television (CCTV) prior to commencement of the approved Use.
      CCTV inspection will be carried out by Council's CCTV contractor and arranged by Council following
      satisfactory completion of construction works. The developer will be responsible for the full cost of CCTV
      inspection, including any additional inspection necessary following defect identification and rectification.
      This charge is payable prior to the issue of Operational Works approval and will be determined on the unit
      rate basis current at the time of approval.
Stormwater Drainage Contributions
51.   A contribution of $16,176 shall be paid to Council towards the cost of the Noosaville Master Drainage Plan
      prior to obtaining a Development Permit for Operational Works. The amount of the contribution shall be
      adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from December 2005
      until the date of payment.

Sewer Mains

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

53.   Sewer relocation works shall be in accordance with Construction Hydraulics Drawings 1470-S-1 and
      1470-O-2 and Noosa Shire Council Planning Scheme Policy 6, Engineering Design Standards, Water &
      Sewerage.

54.   Sewer relocation works are to be completed prior to the commencement of any buildings works on the
      site.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                       8


55.   The existing sewer main that shall be relocated along the side boundary and the outer limits of the
      proposed conduit shall be accurately located and determined by a licensed Surveyor and shown on all
      plans submitted for Operational Works approval.
      To ensure Council’s sewer main is accessible for maintenance purposes and is protected from risk of
      damage no structures requiring a building permit (eg. buildings, retaining walls, etc) shall be constructed
      within this ‘zone of influence’ ie. the edges of the conduit, and as such the applicant shall amend
      Operational Works plans including Building plans to ensure compliance.
Town Water Supply
56.   The site shall be connected to Council’s existing town water supply and be constructed in accordance with
      Council’s standards and requirements at no cost to Council.

57.   Each water connection to the water reticulation system shall extend to the property boundary and be
      metered. Where multiple units including leased buildings are served by a single service, multiple water
      meters to each individual unit or leased building shall be installed. All fees for the supply of water meters
      shall be paid to the Council.
Service Easements (Sewer)
58.   A registered easement shall be created over the zone of influence, that is the limits of the proposed
      conduit chamber of the relocated sewer within the subject site and over those parts of the subject site that
      are impacted upon by sewers on any adjoining sites. In this regard a licensed surveyor shall accurately
      locate all sewer mains and determine the necessary width of the easement, which shall be shown on any
      plans submitted for Operational Works / Building Works approval. To this extent the surveyor shall certify
      that the sewer and the zone of influence is wholly contained within the easement to be created.
      In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in
      writing that the Title Deed and the easement documents will be lodged at the Land Titles Office and any
      additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly.
      A duly executed copy of the easement shall be submitted to Council for perusal prior to the use
      commencing.
      Any changes required by Council’s Solicitor must be corrected immediately.
59.   A registered easement shall be created over any stormwater drainage pipes within the site that collect
      stormwater from a Council road or convey stormwater from any adjoining property (for example, where
      drainage pipes are provided within the site to prevent adjacent properties from additional ponding/flooding
      due to the subject site being filled).

60.   No building or other structure shall be constructed or encroach over an easement. Any building or
      structure within proximity of an easement or any other public utility’s underground must have its
      foundations designed so that no surcharge loads are imposed upon such underground infrastructure.
      Foundations must be taken down a minimum of 1.0m below a line of influence measured 1.0m in the
      direction of the foundation from the centreline of the closest underground service and along the natural
      angle of repose of the foundation soil type(s).
      Plans, and supportive documents, detailing these proposed foundations shall be designed by a registered
      practicing Geotechnical Engineer and submitted with the application for a Development Permit for
      Operational Works.
Headworks Contributions
61.   Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28 and PSP30
      on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at
      the rates applicable at the time of payment. An estimate only of the contribution rates under the current
      policies is outlined below. These amounts will adjusted in line with changes to the Consumer Price Index,
      All Groups Brisbane from December 2005 until the date of payment.
      Water Supply         $6,953
      Sewerage             $7,670
      TOTAL                $14,623
      All headworks contributions must be paid prior to the issue of a Development Permit for Operational
      Works.
      Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the headworks
      contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
      In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled,
      the contribution or trading bank guarantee will be returned.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                       9


Acid Sulfate Soils
                                                                                             3
62.   As the site is located below the 5m AHD, any excavation works consisting of 100m or greater will need to
      be carried out in accordance with State Planning Policy 2/02 Planning and Managing Development
      Involving Acid Sulfate Soils. In this regard appropriate testing and supporting documentation prepared by
      a suitably qualified specialist shall be submitted to Council for approval prior to obtaining a Development
      Permit for Operational Works.
                                                                                         3
63.   As the site is located below the 5m AHD, any filling works consisting of 500m or greater and with an
      average depth of 0.5m or greater will need to be carried out in accordance with State Planning Policy 2/02
      Planning and Managing Development Involving Acid Sulfate Soils. In this regard appropriate testing and
      supporting documentation prepared by a suitably qualified specialist shall be submitted to Council for
      approval prior to obtaining a Development Permit for Operational Works.
Earthworks
64.   Filling works required on site shall be carried out in accordance with Section 3.8 of Council’s Engineering
      Design Standards Manual and so as not to cause the additional ponding of water on any adjoining lands
      or the blockage of, or interference with, any natural watercourses. Detailed site surveys indicating natural
      surface levels and contours of the adjoining properties must be provided with the application for a
      Development Permit for Operational Works for Filling and Drainage.
      This may require the design and construction of drainage pipes and/or an overland flow-path within the
      development site that caters for drainage from the adjoining sites for a design storm with an Average
      Recurrence Interval of 1 in 100 years. A private easement for the Drainage of Water encompassing the
      drainage pipes or overland flow-path will also be required. In this regard a Development Permit for
      Operational Works shall be obtained.
      Should evidence be provided to Council indicating that no additional ponding of stormwater will occur on
      the adjoining properties the requirement for the drainage pipes, overland flow-path and easement shall
      not apply.
65.   Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or
      structures that border the development site. Fences that are affected shall be replaced prior to plan
      endorsement. In this regard any fences to be replaced shall be clearly shown on the plans submitted for
      Operational Works approval.
Erosion and Sediment Control
66.   Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site
      control measures such as silt fencing, controlled gravel access to the site and controlled disposal of
      waste, will be necessary.
      In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted
      to the Council for approval prior to obtaining a Development Permit for Operational Works.
General
67.   For the following classes of work associated with development, a Development Permit for Operational
      Works must be obtained prior to commencement of works relating to that class of work. The application
      may combine any or all of these classes of work:-
      67.1.   Access and/or Carparking.
      67.2.   Stormwater Drainage.
      67.3.   Frontage Works.
      67.4.   Sewer reticulation (including new mains, relocations, diversions).
      67.5.   Site Filling.
      67.6.   Landscaping.
68.   A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
      specifications for all engineering works that will become Council infrastructure, which shall be submitted in
      conjunction with an application for a Development Permit for Operational Works. In this regard a
      DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction
      with any application for Operational Works.

69.   Digital detailed design drawings and calculations shall be submitted with any application for a
      Development Permit for Operational Works in respect of roadworks and stormwater drainage works. To
      avoid conflict with underground pipes or services, all existing and proposed services required by the
      development shall be shown on the plans.

70.   To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted
      in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are
      available at www.adac.com.au).



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NOOSA COUNCIL IDAS Development Application Decision Notice                                                       10


71.   Any damage caused to any public utility during the course of construction shall be repaired to Council’s
      standards and at no cost to Council.

72.   Any alteration of any public utility or other facilities necessitated by the development of the land or
      associated construction works external to the site shall be at no cost to Council.

73.   The transportation of all materials to and from the site shall be undertaken in a manner such that no
      particle matter escapes onto a public road. All vehicles carrying materials either to or from the site shall
      be covered to prevent materials including dust being windblown from the vehicle.

74.   As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer for design
      intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of all services
      and structures. All of which shall be submitted to Council for checking and for Council’s records.
      The data must fully detail levels for all engineering works including but not limited to drainage structures,
      finished ground levels and pavement surface levels. The data shall be submitted in the Asset Design and
      As Constructed (ADAC) digital format.            (Guidelines on the use of ADAC are available at
      www.adac.com.au).
      Approval of works shall not be granted until all As Constructed information has been supplied and
      accepted by Council.
Environmental Health
75.   Deleted.

76.   Street litterbins to a design approved by Council, shall be supplied and installed at the developers
      expense at agreed locations.

77.   A Waste Management Plan is to be submitted for specified developments as determined by the
      Manager Environmental Health Services for the day-to-day operation of the complex. The Waste
      Management Plan is to be submitted with development applications for material change of use (MCU)
      and approved prior to commencement of operational works.
      The Waste Management Plan Strategy will include the following information:-
              The types of waste that will be generated from the activities approved within the development.
              Estimated volumes or tonnage of recyclables within the generated waste stream
              Estimated volumes or tonnage of waste generated from the activities.
              Methods to be used for dealing with garden waste.
              Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.
              Description of procedures involving disposing of refuse to bins; the storage of bins and the
                collection of bins by the contractor and who is responsible for each transfer of the waste.
              A description of the design details of waste storage and recycling areas including methods of
                prevention of storm water contamination. To be high lighted on plans.
              A description of types and volume of waste storage containers to be used.
      A detailed description of access to waste collection area for waste collection vehicles to the bin collection
      area. To be highlighted on plans.
78.   The developer shall submit to Council a Waste Management Plan for the construction or demolition phase
      of the development. The Waste Management Plan is to contain the following information:
           MATERIALS ON-SITE                     DESTINATION
                                                 Re-use and Recycling             Disposal
           Expected       waste    Estimated     On-site              Off-site           *specify contractor
           materials               volume        *specify proposed *specify contractor and landfill site
                                   (m³)          re-use or on-site and recycling outlet
                                                 recycling methods
           Excavation material
           Garden Organics
           Bricks
           Concrete
           Timber-please
           specify




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                    11


        MATERIALS ON-SITE                    DESTINATION
                                             Re-use and Recycling                Disposal
        Plasterboard
        Metals     -  please
        specify
        Other     -   please
        specify
      Note: Details of site area to be used for onsite separation, treatment and storage (including weather
      protection) should be provided on the plan drawings accompanying your application.
79.   Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or located in a
      manner which prevents a noise nuisance beyond the subject land in accordance with the nuisance
      provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences.

80.   Noise emission from air conditioning equipment shall comply with the following requirements:

      80.1. The equipment shall be installed and located in a manner which prevents noise nuisance beyond
            the subject land in accordance with the nuisance provisions of the Environmental Protection
            Regulation 1998 and Council’s Local Law No. 12 - Control of Nuisances. Infringement Notices (on-
            the-spot fines) may apply for offences.

      80.2. Submission of written certification from a suitably qualified person confirming that the noise levels
            comply when measured at the nearest residential boundary. This is required immediately after
            installation of the equipment and prior to any occupation of the building, and in a format approved
            by Council.

      80.3. A person must not use equipment on any day if it makes or causes noise to be made –

             80.3.1.    Before 7am or after 10pm: More than the lower of either –

                         40 d(B)A

                         3 d(B)A above the background noise level

             80.3.2.    From 7am to 7pm: More than the lower of either –

                         50 d(B)A

                         5 d(B)A above the background noise level

             80.3.3.    From 7pm to 10pm: More than 3 d(B)A above the background noise level.

81.   Deleted.

82.   The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from making noise
      from:-

      82.1. Monday to Saturday, before 7:00am or after 6:30pm

      82.2. Sunday or public holiday, at any time.

      A maximum penalty of $1,500 applies to an offence under these provisions

83.   The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with Council’s
      Code controlling food establishments for approval by Council’s Environmental Health Section, for any food
      premises proposed to be included in the development. Approval is to be obtained prior to fitting out the
      building.

84.   For café or restaurant the developer must provide toilets for customers and staff in accordance with the
      Building Code of Australia.

85.   Separate plans are to be submitted detailing the location and outlet for any mechanical exhaust system.
      The installation of any mechanical exhaust system is to comply with Australian Standard 1668.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                        12


86.   The development must be undertaken and operated in a manner that causes no detrimental effect upon
      the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, dust or odour
      nuisance or any other emissions in accordance with the nuisance provisions of the Environmental
      Protection Regulation 1998. On the spot fines apply for such offences.

87.   All refrigeration plant including motors, shall be situated within the building or suitably provided with noise
      reduction measures and located as to prevent a noise nuisance beyond the subject land in accordance
      with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot fines apply for
      such offences.

88.   A Trade Waste Permit is required to discharge each type of Trade Waste. The hydraulic drawings are to
      show all the Trade Waste requirements in accordance with the Noosa Trade Waste Policy.

89.   Full truck access is to be provided to each grease arrestor and/or pre-treatment device for cleaning and
      servicing. Where access is restricted, a pump out line is required.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                      13



                                     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 $76,863 and is subject to variations in the Consumer Price Index, All Groups Brisbane from
        December 2005 until the date of payment. An Infrastructure Charge Notice will be issued in accordance
        with Chapter 5 of the Integrated Planning Act 1997.

2.      The applicant is informed that payment via credit card transaction will not be an acceptable method of
        payment for development contributions conditioned in this permit or for infrastructure charge notices
        issued separately.

3.      Prior to the commencement of the development, a plumbing assessment must be obtained from Noosa
        Council’s Plumbing Services Section in accordance with the Plumbing and Drainage Act 2002 (as
        applicable).

4.      The plans for the proposed building work have not been assessed for compliance with the requirements of
        the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the
        matter that either or both the Disability Discrimination Act 1992 (commonwealth) and the Anti-
        Discrimination Act 1991(Queensland) may impact on the proposed building work.
        Noosa Council recommends that the following matters be considered to address equitable access and
        facilities in the building:
        (a) The building and environs should be designed to meet the requirements of the Human Rights and
            Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS1428.2;
        (b) Applicants should be aware that a “Disability Standard on Access to Premises is being developed
            and most likely will result in changes to the Building Code of Australia;
        (c) Any services and facilities in the building complex must allow independent, dignified and equitable
            use of the services and facilities for all people.
5.      This proposal has not been assessed in relation to the spread of fire between properties / buildings. It is
        the building certifiers responsibility to assess the requirements for fire services, fire separation and
        appropriate methods of construction as part of the building works approval process. Referral to the
        Queensland Fire and Rescue Service (QFRS) may be required as part of the Building Approval process.

6.      Prior to the commencement of the development, a plumbing assessment must be obtained from Noosa
        Council’s Plumbing Services Section in accordance with the Plumbing & Drainage Act 2002 (as
        applicable).

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




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NOOSA COUNCIL IDAS Development Application Decision Notice                                       14




                                    List of Submitters
                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION



Synda R. Turnbull          PO Box 1182                        TEWANTIN QLD 4565
Don & June Drysdale        16 Angler Street                   NOOSA HEADS QLD 4567




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                                      15




                                                    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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NOOSA COUNCIL IDAS Development Application Decision Notice                                       16


                                      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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