AJG v NSC - Sealed Judgment - 12.06.26

17.   The development must be completed using the approved colour scheme and no
      amendments to the colours, materials or finishes are permitted without the prior written
      approval of Council.
18.   Any Energex PMT or Fire hydrant booster infrastructure at ground level must be finished in
      a colour that blends with the natural environment and the development.
19.   All balustrades to decks and balcony areas must be open or transparent as detailed on the
      approved plans. Notwithstanding the above, the low level planters on Level 01 and
      containerised planting on Level 02 of the development are not required to be open or
      transparent.
20.   Waste storage areas, clothes drying areas and external storage areas must be screened
      from view of the street.
      Public Safety
21.   All ground floor shopfront glazing must be protected against vandalism by the use of a form
      of safety glass such as toughened or laminated glass.
22.   During operating hours, all parking areas, pedestrian areas and entrances/exits to all
      stairwells, lifts, foyers and public toilets must be well lit with vandal resistant lighting and with
      intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.
      Lighting must be designed to reduce the contrast between shadows and well lit areas.
      Building Height
23.   The maximum height of the development must not exceed the building height and storeys
      shown on the approved plans.
24.   Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
      certifies that the buildings do not exceed the maximum height requirement of this Decision
      Notice.
      Community Management Statement
25.   Any proposed Community Management Statement required for the development pursuant to
      the Body Corporate and Community Management Act 1997 must be submitted to Council for
      endorsement at the same time as submission of the Building Format Plan (or similar) to
      Council for compliance assessment.
26.   All clauses and by-laws of the proposed Community Management Statement must accord
      with the requirements of this Decision Notice and, in particular, must include the following
      additional clauses:
      a. The open foyer area detailed on Plan SK10037.7 Floor Plan Basement 01 dated 12.12.25
         is approved for 51m2 of outdoor dining.
      b. The 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.
      c. Where a secure carpark services a commercial use on the site, the security gate must
         remain open at all times while commercial uses on the site are open for business.
      d. 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.
      e. The Food and drink outlets must only operate between the hours of 7am and 9pm,
         Monday to Sundays.
      External Works – Bottlebrush Avenue


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