BD.2147 of 2022. Judgment

      Building Height
11.   The maximum height of the development must not exceed 8 metres above the ground level.
12.   Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
      certifies that the building does not exceed the maximum height requirement of this Decision
      Notice.
      Performance Bond
13.   Security in the form of a cash bond or trading bank guarantee to the sum of $7,500 must be
      submitted to Council, 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 completion of the development subject to satisfactory performance of the
      conditions of approval at that time less any costs incurred by Council in respect of enforcing
      performance of this permit. Council reserves the right to call upon the bond or guaranteed sum
      to effect compliance with conditions.
      Fencing and Walls
14.   Any street fencing must not exceed 1.8m in height, be set back an average of 1 metre and
      articulated to provide visual interest by stepping the design. Any fencing on the front boundary
      must either:
      a.    not exceed a maximum height of 1.2m
      b.    be of open construction.
15.   The area of land between the fence and the front property boundary must be densely
      landscaped to screen any fencing from the street.
      Landscaping Works
16.   The development site must be landscaped. The works must be undertaken in accordance with
      an Operational Works approval and the Noosa Plan for that specific area and must include in
      particular:
      a.    provision of 1 street tree within the road reserve for every 8 metres of road frontage
      b.    planting of shrubs and trees that will visually frame and soften the presentation of the
            built form to the streetscape
      c.    provision of dense screen planting along the side and rear boundaries to protect the
            privacy of adjoining properties.
17.   All landscape works must be established and maintained in accordance with the approved
      design for the life of the development, and in a manner that ensures healthy, sustained and
      vigorous plant growth. All plant material must be allowed to grow to full form and be refurbished
      when its life expectancy is reached.
      Community Management Statement
18.   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.
19.   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
      clause:
       a.    The dwelling units cannot 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.


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