AJG v NSC - Sealed Judgment - 12.06.26

4.    The open foyer area detailed on Plan SK10037.7 Floor Plan Basement 01 dated 12.12.25 is
      approved for 51m2 of outdoor dining. The requirements of the condition must be included in
      the Community Management statement for any body corporate for the site.
5.    The Food and drink outlet must only operate between the hours of;
      - 7am and 9pm, Monday to Sundays.
      - The requirements of this condition must be included in the Community Management
        Statement for any body corporate for the subject site.
6.    Service vehicle movements associated with non-residential uses on the premises (including
      loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday
      and not at all on Sundays or public holidays. The requirements of this condition must be
      included in the Community Management Statement for any body corporate for the subject
      site.
      Multiple Dwelling (small dwellings)
7.    Each dwelling must be designed and constructed with a maximum gross floor area of 100m²
      or less, in accordance with the definition of a “Small dwelling” under the Noosa Plan 2020.
      No dwelling is to exceed a gross floor area of 100m².
8.    The Multiple Dwelling units are not permitted to be used for Short term accommodation,
      unless where identified as accepted development by the Noosa Plan or where there is a
      Development Permit for Material Change of Use for Short Term Accommodation in effect.
      Short term accommodation means the use of the premises for providing accommodation of
      less than 3 consecutive months to tourists or travellers. The requirements of this condition
      must be included in the Community Management Statement for any body corporate for the
      subject site.
      Amenity
9.    Ground floor shopfront glazing along the Noosa Drive frontages must be fully transparent to
      a minimum of 50% of the street frontage to allow passive surveillance and encourage social
      interaction and must be provided at full height (floor to ceiling).
10.   A shopfront presence is maintained to Noosa Drive, with no security screens, shutters, roller
      doors or the like provided to the street frontages or facades facing public areas.
11.   No part of the site may be used for outdoor storage of materials unless specified on the
      Approved Plans or the conditions of this Decision Notice.
12.   Walls built to side boundaries must be professionally finished and painted in an accordance
      with the colour scheme and materials detailed on the approved plans.
13.   A street awning must be provided along the length of the building to the Noosa Drive frontage
      and cover the footpath as shown on the Approved Plans. The awning must be setback a
      minimum of 1 metre from the kerb.
      Building Appearance
14.   All air conditioning units or other mechanical equipment must be fully enclosed or screened
      such that they are not visible from the street frontages nor adjoining properties.
15.   All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
      such as shutters, louvres, glass panelling or the like, except where required to satisfy any
      privacy condition of this Decision Notice or as depicted on the approved plans.
16.   External design features must incorporate a mix of lightweight and textured
      external materials or materials that reflect the natural environment such as timber and rock
      face.
         a. Signage is not approved as part of this application, with future signage to comply with
            Council’s Local Law.


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