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Minor Change Existing Approval 132006.823.09
Officer: Georgina Schramm Direct Telephone: 07 53296569 Our Reference: 132006.823.09 Your Reference: 2962 19 August 2022 Peppers Noosa Resort & Villas C/- Martoo Consulting Pty Ltd PO Box 1684 NOOSA HEADS QLD 4567 [email protected] Dear Sir/Madam, Decision Notice – Minor Change Planning Act 2016 I refer to your application received on 1 April 2022, requesting a minor change to an existing development approval. Council decided your requested changes. Details of the decision are as follows: APPLICATION details Application No: 132006.823.09 Street address: Viridian Noosa 5 Morwong Dr Noosa Heads Qld 4567 Real property description: SP 190823 Planning Scheme: Noosa Plan 2020 (25 September 2020) Decision details The following type of approval was issued on 15 February 2007 Development Permit for Material Change of Use of Premises - Visitor Accommodation - Type 4 Conventional (Resort), Entertainment & Dining - Type 1 Food & Beverages (Conference Room & Restaurant), Retail Business - Type 2 Shop & Salon (Shop), Commercial Business - Type 2 Medical (Health Spa) In relation to the request to make a minor change to the existing approval, Council on 15 August 2022, decided to approve the requested changes. The changes are detailed below. Approve the change. Amend condition 285. currency period of approval The currency period for this development approval is stated in the conditions below. assessment manager conditions LAND USE The development permit for Material Change of Use of Premises is issued for an integrated Resort comprising: Visitor Accommodation– Type 4 Conventional (Resort), Resort residential buildings – 199 Accommodation/Dwelling Units comprising: 5 x 1 bedroom accommodation units and 100 x 1 bedroom dwelling units; 47 x 2 bedroom dwelling units; 46 x 3 bedroom dwelling units; and 1 x Manager’s Residence comprising a 2 bedroom dwelling unit. Ancillary resort reception and resort facilities as indicated on the approved plans. 1.2 Entertainment & Dining – Type 1 Food & Beverages (Conference Room & Restaurant), Retail Business – Type 2 Shop & Salon (Shop), Commercial Business – Type 2 Medical (Health Spa). 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 30/08/2006 1013-DA-00-02 MASTER PLAN - Valley Master CAS 4 30/08/2006 1013-DA-00-03 MASTER PLAN - Valley Aerial 4 30/08/2006 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 Plan No. Plan Title Version Date 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 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 As amended by: PDA1 4/01 BUILDING D – Site Plan 05/11/07 PDA1 4/02 BUILDING D – D Block - Basement 05/11/07 PDA1 4/03 BUILDING D – D Block – First Floor 05/11/07 PDA1 4/04 BUILDING D – D Block – Second Floor 05/11/07 PDA1 4/05 BUILDING D – D Block – Third Floor 05/11/07 PDA1 4/06 BUILDING D – D Block – Penthouses 05/11/07 PDA1 4/07 BUILDING D – Section 2 06/02/08 PDA1 4/08 BUILDING D – Section 3 05/11/07 PDA1 4/09 BUILDING D – Health Spa Wing – First Level 05/11/07 PDA1 4/10 BUILDING D – Health Spa Wing – Second Level 05/11/07 PDA1 4/11 BUILDING D – Health Spa Wing – Third Level 05/11/07 PDA1 4/12 BUILDING D – Unit Type W 05/11/07 PDA1 4/13 BUILDING D – Health Spa 05/11/07 Plan No. Plan Title Version Date PDA1 4/14 BUILDING D – Layout 002 05/11/07 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 As amended by: PDA1 1/1-11 LOFT UNITS – Site Plan 05/11/07 PDA1 1/1-12 LOFT UNITS – Building Plan – Level 2 05/11/07 PDA1 1/1-13 LOFT UNITS – Building Plan – Level 3 05/11/07 PDA1 1/1-14 LOFT UNITS – Section 1 06/02/08 PDA1 1/1-15 LOFT UNITS – Section 4 05/11/07 PDA1 1/1-16 LOFT UNITS – Section b 06/02/08 PDA1 1/1-17 LOFT UNITS – Section f 05/11/07 PDA1 1/1-18 LOFT UNITS – Section e 05/11/07 PDA1 1/1-19 LOFT UNITS – Elevation 3 05/11/07 PDA1 1/1-20 LOFT UNITS – Elevation 4 05/11/07 PDA1 1/1-21 LOFT UNITS – Unit Plans 05/11/07 PDA1 1/1-22 LOFT UNITS – Internal Elevations 05/11/07 PDA1 1/2-01 MANAGERS UNIT – Site Plan 05/11/07 PDA1 1/2-02 MANAGERS UNIT – Building Plan – Sub Floor 05/11/07 PDA1 1/2-03 MANAGERS UNIT – Building Plan – Basement 05/11/07 PDA1 1/2-04 MANAGERS UNIT – Section 1 05/11/07 PDA1 1/2-05 MANAGERS UNIT – Section C 05/11/07 PDA1 1/2-06 MANAGERS UNIT – Floor Plan 05/11/07 1013-DA-03-I-01 I BLOCK - Floor Plans 4 30/08/2006 Plan No. Plan Title Version Date 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 As amended by: PDA1 2/01-01 GAMES ROOM – Site Plan 05/11/07 PDA1 2/01-02 GAMES ROOM – Building Plan 05/11/07 PDA1 2/01-03 GAMES ROOM – Section 6 05/11/07 PDA1 2/01-04 GAMES ROOM – Floor Plan 05/11/07 PDA3 1/7 I BLOCK – Site Plan 17/06/08 PDA4-01 I BLOCK – First Floor 02/09/08 PDA4-02 I BLOCK – Second Floor 02/09/08 PDA4-03 I BLOCK – Third Floor 02/09/08 PDA3 4/7 I BLOCK – Elevation 1-2 17/06/08 PDA3 5/7 I BLOCK – Section B & 3 17/06/08 PDA3 6/7 I BLOCK – Unit 9.318 Plans 17/06/08 PDA3 7/7 I BLOCK – Unit 9.417 Plan 17/06/08 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 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 As amended by: PDA1 3/01 BUILDING V - Site Plan 05/11/07 PDA1 3/02 BUILDING V - Lower Level 05/11/07 PDA1 3/03 BUILDING V - Upper Level - Kitchen 05/11/07 PDA1 ¾ BUIDLING V - Upper Level - Conference 05/11/07 PDA1 3/05 BUILDING V – Roof Level 05/11/07 PDA1 3/06 BUILDING V – Section 1 06/02/08 PDA1 3/07 BUILDING V – Section 4 05/11/07 PDA1 3/08 BUILDING V – Section 5 05/11/07 PDA1 3/09 BUILDING V – Section B 05/11/07 PDA1 3/10 BUILDING V – Section C 05/11/07 PDA1 3/11 BUILDING V – Section D 05/11/07 PDA3 1/7 V BLOCK – Site Plan 2/09/08 PDA3 2/7 V BLOCK – Building Plan – Street Level 2/09/08 PDA3 3/7 V BLOCK – Building Plan - Roof 2/09/08 PDA3 4/7 V BLOCK – Elevations 1 & 2 2/09/08 PDA3 5/7 V BLOCK – Elevations 3 & 4 2/09/08 PDA3 6/7 V BLOCK – Section D & 1 2/09/08 PDA3 7/7 V BLOCK – Section 3 & 4 2/09/08 Plan No. Plan Title Version Date 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 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. 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. Buildings A, B, C, E, F (except for 1 garage which shall be 2 degrees), J, V (restaurant outdoor dining area) 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 Building Works. 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. 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. 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. Cleared vegetation is to be suitably processed by the following method on site:- 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; Utilised for on site landscaping and stabilisation purposes; The Applicant is advised that burning off is an unacceptable method of disposal. Any advertising sign or device is to comply with Council's policies on advertising. 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. 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. 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. 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. 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. 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. 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. 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 villas, and for Blocks D, G, H, & I which contain 160 units provide minimum storage based on 12 litres/m2 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. 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 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 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 8 x 2 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 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 Development Parameter Required Standard 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) 5 storeys in part 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, predominately concrete slab on ground with masonry construction with render texture finish Configuration of Units 31 Units Comprising (30 Units) Development Parameter Required Standard 19 x 1 Bedroom units 11 x 2 Bedroom units 1 x Manager’s Accommodation 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 51 Units comprising 5 x 1 Bedroom Accommodation Units and 35 x 1 Bedroom Dwelling Units 10 x 2 Bedroom Units 1 x 3 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 6 x 4 bedroom units V Block Development Parameter Required Standard Building Height (Storeys) 2 storeys maximum Building Height not to exceed RL 41.3 Site Cover not to exceed the site cover for V Block as Development Parameter Required Standard 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 5. 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. Buffer to Intermittent Creek 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. 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 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 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 application, with ‘jma white’ not to be visible from outside the site. Woodland Grey or charcoal for Buildings A, B, C, D, E, J on north 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 The following requirements apply to the Resort Restaurant and Conference Facilities Building: No temporary or permanent structures are to be erected on the outside deck including marquees, but not including temporary umbrellas that are not joined and not exceeding 9m2 in area, or lightweight retractable awnings in subdued colours. The western boundary of the restaurant/ conference room deck shall have acoustic louvre screening installed as indicated on the approved plans. The following requirements apply to the Resort Residential Buildings I, H, G, and F: 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. The pool located between Building I and Building H shall be for ornamental purposes only. The following requirements apply to the Resort Residential Buildings: There are to be no rooftop terraces, spas or barbeques on the roof of any buildings on the Site. Architectural Parameters The architectural parameters specified in these conditions are to be strictly applied to the Development on Site. All buildings shall be stepped and terraced in horizontal and vertical planes as indicated on approved plans. 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. 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. 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. The orientation and location of the buildings shall be in accordance with the approved plans. 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. The developer shall submit full colour western elevation plans for Building I detailing: The visual break up of the western building facade by incorporating different complimentary colours, textures, and building materials. The plans 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 Building Works. 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. 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. 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 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. 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: the use of energy efficient design techniques in the construction of the building; the installation of energy efficient hot water systems (solar and gas booster, or electric heat pump); solar or gas energy for the heating of swimming pools; the use of low energy bulbs; 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; the use of passive solar building design; 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; 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; the use of adjustable or hinged/sliding screens to balance views versus sunlight access; the use of natural ventilation of basement car parking; the use of energy efficient pumps for roof water systems; the use of window openings to optimise available natural light; 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; the installation of site water re-use tanks as required in these conditions; 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. In addition to applying the principles of ecological sustainability to the design and construction of operational works and building works, the Developer shall specifically:- prepare and implement the environmental management plan; perform the sedimentation and erosion measures; install the barrier fencing to protect vegetation and habitat; maintain rehabilitation works at the expiry of the existing site rehabilitation maintenance period for relevant areas within Lot 888 on SP186498; undertake the landscaping works; create the desired habitat in the freshwater habitat pond on the western edge of the Site; undertake the site decontamination works as proposed with relocation of this material off- site if necessary; as required by these Conditions. In establishing and operating the Development, the Developer shall include: 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 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; 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; 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; any buggies associated with the operation of the Resort are to be electrical or gas powered; Deleted; 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. In establishing and operating the Development, the Developer shall provide: staff and guest education programs to encourage participation in energy use reduction activities in the Resort; 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 The construction of the Resort components shall not be staged. Lighting The Development must meet the lighting design requirements contained in: Electricity Act 1994 (Qld); Electricity Regulation 1994 (Qld); Workplace Health and Safety Act 1995 (Qld); Environment Protection Regulation 1998; Council’s Local Laws; Energex URD Guidelines and general requirements; Building Code of Australia; Australian Standards AS 3000 - Wiring Rules; Australian Standards AS 1158 – The lighting of urban roads and other public thoroughfares; and Australian Standards AS 4282 – Control of obtrusive effects of outdoor lighting. 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. 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. 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. 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. 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. Water 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. 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 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. 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. No earthworks (fill or cut or earth-spill) shall occur within the 10m intermittent creek setback line. Retaining walls are to be designed and constructed to provide bridging footing structures as necessary to avoid root damage to retained trees. 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. 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. 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. Trees to be removed shall be in accordance with the approved plans. 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 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. The EMP shall document in detail how compliance with the Conditions is to be achieved. 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. The EMP shall detail the Developer’s environmental policy and the proposed environmental management system for the Site. The EMP shall specify to the reasonable satisfaction of the Manager – Land Development: The performance targets, including those derived from the Conditions and other requirements arising from legislation and other approvals; how the performance targets are to be achieved; who is responsible; when the performance targets will be satisfied; how performance will be monitored; reporting arrangements; auditing arrangements; how the requirements are to be incorporated into construction and works contracts; how the Developer’s employees, contractors and the contractor’s employees will be informed and trained with respect to the environmental protection requirements; enforcement; and penalties for non-compliance. 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: construction staging and timing; access and construction vehicle parking and traffic management; water quality protection; vegetation management & protection of vulnerable plant species; fauna habitat and fauna corridor management; environmental management in accordance with the Conditions and the EMP; environmental protection requirements to be specified in all construction, rehabilitation, landscaping and works contracts; environmental safeguards and contingency plans to deal with accidental events and acts of god (ie floods, landslides etc); 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); safety; responsibilities; induction and training, including environmental protection requirements; staged sediment and erosion control; work hours; legislative compliance; geotechnical requirements including stability of the Site; aquatic ecosystem protection; air, noise and vibration management; vehicle wash down requirements; on-site machinery and vehicle storage; vehicle and machinery maintenance; on-site storage of excavated materials; on-site storage of topsoil, mulch and other landscaping supplies; storage and handling of dangerous goods on site; on-site storage of construction materials; bushfire prevention in accordance with the Fire Management Plan; weed and pest control; waste management; prevention of spills and emergency response; soil contamination; groundwater protection; visual amenity protection; cultural heritage management; monitoring requirements; identification of incidents and failures; corrective action and contingency measures; community liaison; audit and review procedures. The EMP shall include an 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 Development: soil erosion and sediment control; geotechnical requirements including long term stability of the Site; air, noise and vibration management; traffic management including traffic generation, egress and access; groundwater protection; vegetation protection; protection of vulnerable plant species; fauna, fauna habitat and fauna corridor protection; aquatic ecosystems protection; on-site vehicle storage and machinery maintenance; storage and handling of dangerous goods on site; bushfire prevention and control in accordance with the Fire Management Plan; weed and pest control; water quality protection; waste management; prevention of spills and emergency response; visual amenity protection; monitoring requirements; identification of incidents and failures; corrective action and contingency measures; audit and review. Approval The EMP shall be submitted for approval to Council in conjunction with an application for Operational Works for the Site. The Developer shall not commence any development on Site until the EMP – Construction Management Plan is approved by the Manager – Land Development; and the Developer shall not commence any building work on Site until the EMP – Operational Management Plan is approved by the Manager – Land Development. The approval of the Manager - Land Development is not to be unreasonably withheld. The Developer may amend the construction management plan only with the prior written approval of the Manager – Land Development, which is not to be unreasonably withheld. Implementation 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 The Developer may amend the EMP only with the prior written approval of the Manager – Land Development, which is not to be unreasonably withheld. Site Rehabilitation Plan 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 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. 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. All areas of vegetation and individual trees to be removed or lopped shall be clearly marked on the Site. 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. 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: 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; the full Lot 888 eastern boundary located adjacent to the development area. 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. 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. 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. Adequate groundwater seepage shall be maintained at all times to ensure the existing natural vegetation in the intermittent creek and soil moisture regimes are not altered as a result of building activity. 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. 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. The construction of the eastern gabion wall shall minimise any detrimental impact on the vegetation in this area. Vegetation Removal and Disposal Vegetation removal, tree felling and lopping shall be undertaken in an environmentally sensitive manner to avoid damaging surrounding vegetation, trees and habitat. 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. 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 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. 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. 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: all existing specimens and their habitat to be retained and protected; 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; 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. 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; 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; the boulder fence shall be constructed within the Site, and shall not adversely affect the Cryptocarya foetida plants or their habitat; 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; 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 In order to protect the adjacent Noosa National Park and the Environmental Values of the Site: 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; all nursery stock shall be weed, pest and disease free and certified as such by the supplier; 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; all mulch used on the Site shall be weed and pest free and certified as such by the supplier; 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 the certificates referred to above are to be obtained prior to use of the material on Site and to be made available to Council. Soil disturbance in the Private Open Space Area (and any Public Open Space Area) shall be kept to a minimum to avoid weed proliferation. 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. Fauna Protection General 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. No cats or dogs shall be permitted on Site during construction. Residents and guests shall not be permitted to keep cats or dogs on the Site. All community management statements for the Site shall contain a provision prohibiting cats and dogs on the Site. Domestic animals and livestock shall be prohibited in the Private Open Space Area and on the Public Walkways through the Site. Buildings and roads shall be sited and constructed to allow movement of fauna through and within the Site. Any internal fencing and retaining walls on the Site shall be compatible with the movement requirements of Koalas and other fauna. Suitable nesting boxes shall be provided and maintained on the Site. Koala 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. 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). The Landscape Management Report, the Site Rehabilitation Plan, the Fire Management Plan, the Construction Management Plan and the EMP shall give particular consideration to: the protection and enhancement of all Koala habitat; the protection of Koalas using this habitat area during construction and operation; the protection and enhancement of existing and new vegetation to facilitate Koala movement throughout the entire Site. 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. 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. All community management statements for the Site shall contain a provision prohibiting dogs and cats on the Site. A Koala Management Plan shall address the following to the reasonable satisfaction of the Manager – Land Use: all the relevant matters mentioned in these conditions and the following, without limitation: minimisation of the loss of koala food trees and Koala habitat trees on the Site; facilitation of Koala movement throughout the entire Site; planting of additional Koala food trees and Koala habitat trees as part of the Site Rehabilitation Plan and Landscape Management Report; all fencing on Site to be compatible with Koala movement requirements. The management plan shall be submitted to Council in conjunction with an application for Operational Works- Landscaping for the Site. 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. 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. 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 Known Red-tailed Black Cockatoo feed trees adjacent to the eastern boundary of the Site shall be protected. 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). Rehabilitation works in this buffer area shall only proceed at times when the Red-tailed Black Cockatoos are absent. Construction of the buggy track within this buffer area shall not proceed when the Red-tailed Black Cockatoos are feeding in these trees. 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 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. The Landscape Management Report and the Site Rehabilitation Plan shall facilitate the protection and enhancement of these corridors and environmental linkages. Unless specifically shown on the approved plans, no construction works or associated activities shall be permitted in these areas. National Park Protection The Public Open Space Area and Private Open Space Area perform a buffer function between the Development on Site and the National Park. 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 The intermittent creek and its riparian and in-stream flora and fauna shall be protected, maintained and rehabilitated to enhance its Environmental Values. 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. The existing hydrological regime of the intermittent creek shall not be significantly altered. 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. Freshwater Habitat Feature and Environs 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. The Developer shall prepare and implement the Freshwater Habitat Management Plan which shall include the following details: operational details; rehabilitation details for both the pond and surrounding vegetation; weed control and mosquito control procedures; protection of the downstream creek environment; water quality standards and required monitoring during the resort site construction and operation stages; performance standards that will identify when the new habitat area is functional as an aquatic habitat; maintenance and de-silting requirements and procedures; and how public access and public safety issues will be addressed. Buffer Areas 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; Unless specifically shown on the Drawings or specified in these Conditions, no construction works or associated activities shall be permitted in these areas. During construction, all buffer areas shall be clearly identified and delineated on the ground in accordance with these Conditions. Landscape Management Report Preparation 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. The following statements of principle apply to the preparation of the Landscape Management Report: 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. 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. 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. Plant schedules will primarily utilise native species that have been recorded on the Site, and primarily utilise advanced stock. The Landscape Areas will be integrated floristically and structurally with adjacent existing and rehabilitated vegetation. 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. The Landscape Management Report shall not utilise plant species that pose a risk to the adjacent National Park. The landscape theme in each of the Landscape Areas shall be: Resort – rainforest; Viewland Drive entrance – rainforest. The Landscape Management Report shall address the following issues: enhancement of environmental linkages and corridors; creation of new fauna habitat with special consideration of Koalas, Glossy Black Cockatoos, and the Richmond Birdwing Butterfly; 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. The Landscape Management Report shall detail the planting schemes and plant schedules for all Landscape Areas and shall detail, inter alia: site preparation; construction materials and details; weed control; stock specifications and supply; erosion and sediment control; planting out procedures and horticultural requirements; mulching procedures; fertilising procedures; irrigation and watering procedures; standard of landscaping; staging and timing; on-going maintenance; environmental safeguards; performance standards. Approval 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. The Developer shall not commence any hard or soft landscaping works within the Landscape Areas until the Landscape Management Report is approved by the Manager – Land Use. The approval of the Manager – Land Use is not to be unreasonably withheld. Implementation Any application for operational works for landscaping shall be consistent with the approved Landscape Management Report. 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. 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 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 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 Scooter and Buggy maintenance shall occur off-site. General 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. Any advertising sign or device is to comply with the provisions of Council’s Local Law on advertising. 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. 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. 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. Amenity 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. 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. 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 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”. 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 Where any food premises is included in a development, the following is required: 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. 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 The operator of any body piercing or tattooing business should comply with the Public Health (Infection Control for Personal Appearances Services) Act 2003 and: Obtain a licence to operate prior to commencing the use. Comply with the Infection Control Guidelines of the Act. Premises to comply with Part 15 of the Queensland Development Code. Beauty Treatment/Hairdressing 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 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: 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. Recycling will be provided on a fortnightly basis to the residential component of the site by Council’s waste contractors Council will supply all 240l-recycling bins. 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. Council’s waste contractors will own, service and maintain the compactor bin and clean during service for a price to be specified by Council. The developer shall enter a lease agreement with the waste contractor for the supply and maintenance of this compactor bin. 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. The compactor bin shall be refrigerated or more frequently serviced to avoid odours and fly problems. The developer will be responsibility for cleaning of all other bins. The developer shall purchase and maintain all other bins. 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. All street litter bins located throughout the development are to be supplied and serviced by the developer. Prior to the approval of various stages of works, the following additional details are required to be supplied and approved by Council Officers: A Waste Management Plan (construction) shall be submitted to Council as part of the Construction Management Plan and approved by Manager Land Development prior to the issue of operational works. 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: The site area for the storage and separation of waste is to be shown on the plan drawings accompanying the application. A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed. MATERIALS ON-SITE DESTINATION Re-use and Recycling Disposal Expected waste materials Estimated volume (m³) On-site *specify proposed re- use or on-site recycling methods Off-site *specify contractor and recycling outlet *specify contractor and landfill site or other disposal site 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. Prior to the approval of Building Works, the following additional details are required to be supplied and approved by the Manager Environmental Health: The details of the bin wash facility. The details of the buggy and trailer to safely transport all bins. Details of the villa roadside waste and recycle shelters. Details and location of all basement storage areas that are situated beneath the refuse chutes. 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. 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 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. 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. All indoor entertainment noise emissions shall comply with the following limits: 6am to 10pm – LA10 adj LA90 + 10dBA; and 10pm to 6am – Loct 10 Loct 90 + 8dB. The swimming pool (including any pool bar), and Health Spa are to be used only between 7:00am and 9:00pm daily. 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. 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. 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:- Monday to Saturday, before 7:00am or after 6:30pm; and Sunday or public holiday, at any time. Bottles shall only be placed in the bottle bins in the Resort between the hours of 7:00am and 10:00pm. The operating hours of the Conference Room, Restaurant and Bars (excluding any pool bar) shall be as follows: Sunday to Thursday – 7:00am to 11:00pm (however the Restaurant may open at 6:30am if required); Friday and Saturday – 7:00am to midnight (however the Restaurant may open at 6:30am if required); 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. 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. 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. Prior to the approval of Building 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 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 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). LAND DEVELOPMENT Construction General 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. The Developer shall ensure the following steps are undertaken prior to commencement of any works on Site: The Principal Contractor shall give the Council Inspector seven days notice of intention to commence works. 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. 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. The site representative shall arrange to meet on-site with the Council Inspector to be informed of Council’s requirements for construction of access. 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. 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. Construction works for the Site are to be only between the hours of 7:00 am and 6:00 pm Monday to Saturday, and not on Sundays and public holidays. Access to the Site for the purposes of heavy construction vehicles is to be only between these hours and queuing of heavy construction vehicles is not to occur in Viewland Drive prior to 7:00am. Works are to be carried out in accordance with the EMP so as to prevent or minimise: dust nuisance to residents in the vicinity; transfer of dirt and debris on to existing roads; and excessive noise. Attenuation of construction noise is to be provided in accordance with the following measures: site layout devised to maximise distances to adjoining residences; noisy equipment positioned to make best use of natural attenuation – distance and screening; ‘silenced’ machinery to be specified; and noise mitigation requirements included in all sub-contract specifications. 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. 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. There shall be no pile driving on Site. There shall be no diesel powered crane structures erected or used on Site other than mobile cranes. 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 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. 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. 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. 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 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: Staging of erosion and sediment control measures; Sizing of sediment basins and control measures; Clean water diversion provision around construction activity zones on- site; Locations of all interceptor drains and cut-off drains; Rehabilitation and remediation requirements; and Contingency plans. 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. 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. 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. 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. 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. 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. 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; additional mulching; spraying of disturbed areas with chemical binders or soil stabilisers; placement of jute mesh and other protective coatings on disturbed areas; and use of sediment fences down slope of revegetated areas. 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. 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 All stormwater drainage shall be collected on site and discharged so there is no worsening off- site during critical events. That is there shall be no net increase in the peak stormwater flows from all events, being Q1 to Q100 critical design events. 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. 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 using 12 litres/m2 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. 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. 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. All site stormwater drainage shall be by means of a gravity system. 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 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. The stormwater management plan shall take into account matters specified in section 19.4 of the Environmental Protection (Water) Policy 1997. 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. 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 during construction and operational phases of the development: Suspended Solids < 50mg/L pH = 6.5 to 8.5 and during operational phase of the development Total Phosphorous and Total Nitrogen reduced as per the requirement of the “Water Sensitive Urban Design – Developing Design Objectives for water sensitive urban development in South East Queensland” Version 1 – 12 October 2006 details in its Table 2.1 The stormwater management plan for the entire Site shall address: Construction, establishment and operational phases. For the establishment and operational phases for the Resort, at least two per year event and three monthly campaign based water quality monitoring for: Total Nitrogen Total Phosphorus Suspended Solids & Turbidity pH Salinity Temperature Dissolved Oxygen Trash & gross pollutants Algal count and identification (on event basis and following monitoring to ensure remediation is successful) Faecal coliforms The monitoring shall continue for a period of 3 years from completion of the final stage of construction. For the construction phase for the Resort, at least two per year event and monthly campaign based water quality monitoring for: Suspended Solids & Turbidity Temperature Salinity Trash & gross pollutants Dissolved Oxygen 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. 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. Responsibilities are to be clearly delineated. Non-compliance with
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prescribed water quality standards should trigger the implementation of measures/further testing to rectify. 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. 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. 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. 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. Upper track flow diversions are to be designed to divert up to the ARI 10 year event or greater. Water Quality 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 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 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. 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 Conditions are to be undertaken: by an experienced Registered Professional Engineer of Queensland having geotechnical qualifications; to the reasonable satisfaction of the Manager – Land Development; and prior to lodgement of any development applications for building or operational works. 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. 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: sufficient sub-surface investigations to assess the depth of colluvial soils in these areas; circular and non-circular methods of analysis; the effects of groundwater as perched water tables and/or water filled tension cracks. Slope stabilisation measures, if required, shall be identified and implemented. 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. 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. 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 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. 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. 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. 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. 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. Retaining walls in the resort area are to make provision for Koala movement through the area, where applicable. 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. 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. All disturbed areas are to be revegetated within 10 days following completion of earthworks to reduce erosion and transport of sediments. 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. Contaminated soil currently contained within the containment cell on the site, shall be removed in accordance with Environmental Protection Agency requirements. 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. Civil Engineering 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. 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 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. The Public Walkways shall be a mixture of timber boardwalk, concrete pavement, and other materials subject to the satisfaction of Manager - Land Development. The Developer is to provide lighting along the Public Walkway from the Morwong Villas to the southern end of Building Blocks E & F. 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. Detailed plans and specifications for the Public Walkway shall be prepared to the reasonable satisfaction of the Manager – Land Development. 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: 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; the Developer is to be responsible for the repair, maintenance and rebuilding, if required, of the Public Walkway from Morwong Drive to Viewland Drive. 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 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. 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. 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 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. 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. Water Supply 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. 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. Water supply to the Resort is to be by connection into existing water mains adjacent to the site. Other Services The Developer shall provide Electricity, a TV antennae system and Telecom services to the resort. All electricity and Telecom services shall be provided underground. 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 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. The Traffic Management Plan shall include, but not be limited to, the following: construction vehicle management; the number of construction vehicle movements per day on Viewland Drive to ensure impacts on residents are limited; car park provisions during construction. limited access management during construction hours; signage management; operational vehicle management; and speed limit requirements. Traffic Management for Morwong Drive and Viewland Drive 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. 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. Guests of the Resort are to be informed at the time of making a reservation of the access arrangements on Site. Emergency services, local taxi companies and bus and tour operators are to be informed of the access arrangements on Site. 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. 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 888 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. 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 No construction vehicles are to use Morwong Drive for access to the Site. Alma Way 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. The formal entry will be positioned so it does not cause vehicles to egress in reverse when access is prohibited from Morwong Drive. 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 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. 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. 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. 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. 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 Detailed plans and specifications for all Internal Roads are to be submitted with the relevant applications for either operational works or building works. 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. 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. The internal road design must meet the technical criteria contained in the Queensland Streets Manual to establish vertical and horizontal geometry for access routes. 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 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. 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. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveways shall comply with the minimum sight line requirements as defined in AS2890.1, section 3.2.4. The application shall demonstrate compliance with AS2890.1, section 3.2.4, for the basement entrances of Buildings V, D and other relevant accesses to buildings and the interactions with the public pathway internal to the site, illustrating these sight lines on the plans submitted for Operational Works approval. Carparking Off Street 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: Compliance with AS2890.1-2004, Construction parking provisions, Operational on-site carpark provisions addressing the following issues: Parking spaces within the Resort will not be titled, other than Resort Villa (Block A, B, C, E, F & J) Garage spaces. Resort Villa Car parking spaces shall remain within the pool of car parking spaces for the resort at all times; The theatrette located in Building D will be used for resort operations only and will not be available for public use; 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; 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; 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); All tandem carspaces shall be managed by valet carparking or other arrangements satisfactory to Council; Persons without cars shall be allocated rooms wherever possible in Buildings I or H. 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 A 22 seat bus shall be available to provide a shuttle service at all times as required; The 4 car spaces located in the immediate vicinity of resort reception will be limited to drop-off and pick-up and reception functions; Staff carparking will be allocated whenever possible to tandem spaces including those in Building V or otherwise in basement carparks. A minimum of 11 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. 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; 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. 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; The resort will provide a minimum of 10 scooters for the exclusive use of guests; and 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. 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 including but not limited to parking as shown on Plan Numbers 31303 – CS, Cover Sheet prepared by SCG Consulting and dated Feb 2022 and 31303-OW1.1 Rev A, Car Parking and Line Marking Plan prepared by SCG Consulting and dated 7 June 2022. A minimum of 320 carpark spaces, of which 292 are covered carpark spaces, 28 are uncovered; maximum 66 (33 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, with exception of the Villa Garages Car parks, which may be titled however shall remain as part of the Resort car parking pool. A minimum of 39 scooter park spaces will be provided on site. 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. 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”. All carparking shall be kept, maintained and line-marked in a condition fit for use. The parking areas and access to the areas must be paved or sealed to the reasonable satisfaction of the Manager - Land Development The operator of the Resort shall provide adequate carparking spaces on site for staff of the Resort, alternatively staff may utilise the 22 constructed street-side bays on Viewland Drive detailed in SK 2004 Issue C. The operator shall not instruct staff to park elsewhere off-site. The community management statement for any or all bodies corporate having control of any part of the Resort shall reflect this condition. The operational phase of the Resort following completion of construction, shall comply with the following: Buses are to be limited to 22 seat capacity shuttle buses. Delivery vehicles for provisions, linen, etc are to be rigid vehicles not exceeding 11 metres in length. Garbage removal vehicles are to be limited to standard garbage trucks and/or standard vehicles for the delivery/removal of garbage compacters. 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. 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 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. All related management plans will be complied with during the performance of the earthworks. No earthworks shall occur within the 10 metre setback to the intermittent creek. All earthworks shall be part of an operational works application in accordance with the Integrated Planning Act 1997. 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 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 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. The fire management plan may be prepared in conjunction with the Noosa Fire Brigade, if they are willing to assist. 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. The Plan shall meet the provisions of the Queensland Fire and Rescue Authority Act 1990. The fire management plan shall address the following matters to the reasonable satisfaction of the Manager – Land Use: expected behaviour of fire on the Site; fire hazard management actions and risk minimisation strategies; fuel load management and consequent fire hazard within vegetated areas; setback zones, proposed building construction methods, materials and design; gutter treatment to avoid the collection of leaves; fire hydrant locations; access for fire fighters; landscaping measures to reduce fire risk; access between structures and vegetated areas; fire suppression and evacuation procedures; how the ecological values, vulnerable plant species, habitat values and the visual and amenity values of the vegetation will be retained/protected; required infrastructure - vehicle access tracks, fire breaks, hydrants, etc; maintenance requirements for the above infrastructure; how fires on-site will be prevented from crossing onto the adjacent National Park and adjoining residential properties; coordination with Queensland Parks and Wildlife Service’s fire management activities and procedures; coordination with other relevant organisations and agencies; owners and operators training and responsibilities; implementation procedures. The fire management plan shall be submitted to Council in conjunction with an Operational Works Application with respect to the Site. The Fire Management Plan shall be approved by the Manager – Land Use. 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. 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 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 All existing easements located over Council assets or to provide access within the Lot 888 SP 186498 shall be retained, unless otherwise approved by Manager Land Development. 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). No building or other structure shall be constructed or encroach over an easement. Vegetation Protection & Preservation 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. 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 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 2007 until the date of payment. Water Supply $1,122,673 Sewerage $786,733 TOTAL $1,909,406 All headworks contributions must be paid prior to the commencement of the Use. 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 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. 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. 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). 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. 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. 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. 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. Addition condition (21/01/2009) Contributions Towards Council Infrastructure Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading various infrastructure at the rates applicable at the time of payment. An estimate only of the contribution amounts under the current Council policies and requirements is outlined in the table below: Contribution Required For: Amount: PSP12 – Public Open Space Contributions (Land provided & dedicated in lieu under previous approvals 12592 DA & 23206 DA) Nil PSP16 – Sewerage Headworks Contributions $3,338 PSP17 – Water Supply Headworks Contributions $4,416 PSP20 – Pathway Trunk Network Contributions (Coastal trunk pathway P1/21 (Hastings St to Noosa Hill lookout) constructed in lieu under previous approvals 12592 DA & 23206 DA) Nil TOTAL Contribution Amount = $7,754 Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from SEPTEMBER 2008 until the date of payment. All 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 contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full. Processing of bonds for security where specific Council approval has been given for the bonding of contributions will incur an administration fee in accordance with Council’s Land Development Commercial & Regulatory Fees at the time of lodgement. In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the paid contributions and/or the trading bank guarantee will be returned. Additional conditions (18/11/2009) Prior to the commencement of resort operations over the site, a complete set of architectural plans shall be submitted for the development. The plans shall reflect all subsequent approved changes to the development since its original approval of 15 February 2007 Contributions Towards Council Infrastructure Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading various infrastructure at the rates applicable at the time of payment. An estimate only of the contribution amounts under the current Council policies and requirements is outlined in the table below: Contribution Required For: Amount: PSP12 – Public Open Space Contributions (Land provided & dedicated in lieu under previous approvals 12592 DA & 23206 DA) Nil PSP16 – Sewerage Headworks Contributions $7,350 PSP17 – Water Supply Headworks Contributions $3,775 PSP20 – Pathway Trunk Network Contributions (Coastal trunk pathway P1/21 (Hastings St to Noosa Hill lookout) constructed in lieu under previous approvals 12592 DA & 23206 DA) Nil TOTAL Contribution Amount = $11,125 Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from JUNE 2009 until the date of payment. All contributions must be paid prior to the commencement of use. referral agencies Not Applicable advisory notes The following Advisory Notes are for information purposes only and do not form conditions of approval: 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 $982,874 and is subject to variations in the Consumer Price Index, All Groups Brisbane from December 2007 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 following Uses Class/ Uses and applicable quantities:- Existing Development Approved Development Existing Use Class / Use Existing Quantity Approved Use Class / Use Approved Quantity Detached House 1 Dwelling Visitor Accommodation - Type 4 – Conventional 104 x 1 bedroom units 49 x 2 bedroom units 45 x 3 Bedroom Units Multiple Housing – Type 4 Conventional 2 x 2 bedroom units Commercial Business – Type 2 – Medical 9 Consulting Rooms Entertainment & Dinning – Type 1 – Food & Beverage Function Room = 1063 m2 Use Area Restaurant or Café – Standard = 107 m2 Use Area Outdoor Dining = 415 m2 Use Area Entertainment & Dinning Business – Type 2 – Recreation, amusement and fitness Licensed = 22 m2 Use Area Unlicensed = 331 m2 Use Area Entertainment & Dinning Business – Type 3 – Bar Hotel – Lounge Bar and Beer Garden = 146 m2 Use Area Openm Space Type 1 – Sport and Recreation Commercial Pool - 775 m2 Use Area 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: 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; 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; 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. Additional advice conditions (21/01/2009 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 $1,412 and is subject to variations in the Consumer Price Index, All Groups Brisbane from SEPTEMBER 2008 until the date of payment. An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997. The applicant is advised that development contributions and infrastructure charges applicable to this development approval have been based on the following Uses Class/ Uses and applicable quantities:- Existing Development Approved Development Existing Use Class / Use Existing Quantity Approved Use Class / Use Approved Quantity Visitor Accommodation - Type 4 – Conventional 104 x 1 bedroom units 49 x 2 bedroom units 45 x 3 Bedroom Units Visitor Accommodation - Type 4 – Conventional 105 x 1 bedroom units 48 x 2 bedroom units 46 x 3 Bedroom Units Commercial Business – Type 2 – Medical 9 Consulting Rooms 551 m2 Use Area Commercial Business – Type 2 – Medical 9 Consulting Rooms 551 m2 Use Area Entertainment & Dinning – Type 1 – Food & Beverage Function Room = 1063 m2 Use Area Restaurant or Café – Standard = 107 m2 Use Area Outdoor Dining = 415 m2 Use Area Entertainment & Dinning – Type 1 – Food & Beverage Function Room = 1063 m2 Use Area Restaurant or Café – Standard = 107 m2 Use Area Outdoor Dining = 415 m2 Use Area Entertainment & Dinning Business – Type 2 – Recreation, amusement and fitness CMRNICP = 207 m2 Use Area Water & Sewerage = Licensed = 22 m2 Use Area + Unlicensed = 331 Use Area (185 m2 + 146 m2 Building I gym/sauna) Entertainment & Dinning Business – Type 2 – Recreation, amusement and fitness CMRNICP = 207 m2 Use Area Water & Sewerage = Licensed = 22 m2 Use Area + Unlicensed = 331 Use Area (185 m2 + 146 m2 Building I gym/sauna) Entertainment & Dinning Business – Type 3 – Bar Hotel – Lounge Bar and Beer Garden = 146 m2 Use Area Entertainment & Dinning Business – Type 3 – Bar Hotel – Lounge Bar and Beer Garden = 146 m2 Use Area Open Space Type 1 – Sport and Recreation Water & Sewerage only = Commercial Pool - 775 m2 Use Area Open Space Type 1 – Sport and Recreation Water & Sewerage only = Commercial Pool - 775 m2 Use Area Additional advice conditions (18/11/2009 The applicant is informed that approval of this change to a development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $14,531 and is subject to variations in the Consumer Price Index, All Groups Brisbane from JUNE 2009 until the date of payment. An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997. The applicant is advised that development contributions and infrastructure charges applicable to this change to a development approval have been based on the following Uses Class/ Uses and applicable quantities:- Existing Development Approved Development Existing Use Class / Use Existing Quantity Approved Use Class / Use Approved Quantity Visitor Accommodation - Type 4 – Conventional 105 x 1 bedroom units 48 x 2 bedroom units 46 x 3 Bedroom Units Visitor Accommodation - Type 4 – Conventional 105 x 1 bedroom units 50 x 2 bedroom units 44 x 3 Bedroom Units Commercial Business – Type 2 – Medical 9 Consulting Rooms 551 m2 Use Area Commercial Business – Type 2 – Medical 9 Consulting Rooms 551 m2 Use Area Entertainment & Dinning – Type 1 – Food & Beverage Function Room = 1063 m2 Use Area Restaurant or Café – Standard = 107 m2 Use Area Outdoor Dining = 415 m2 Use Area Entertainment & Dinning – Type 1 – Food & Beverage Function Room = 1063 m2 Use Area Restaurant or Café – Standard = 107 m2 Use Area Outdoor Dining = 415 m2 Use Area Entertainment & Dinning Business – Type 2 – Recreation, amusement and fitness CMRNICP = 207 m2 Use Area Water & Sewerage = Licensed = 22 m2 Use Area + Unlicensed = 331 Use Area (185 m2 + 146 m2 Building I gym/sauna) Entertainment & Dinning Business – Type 2 – Recreation, amusement and fitness CMRNICP = 207 m2 Use Area Water & Sewerage = Licensed = 22 m2 Use Area + Unlicensed = 331 Use Area (185 m2 + 146 m2 Building I gym/sauna) Entertainment & Dinning Business – Type 3 – Bar Hotel – Lounge Bar and Beer Garden = 146 m2 Use Area Entertainment & Dinning Business – Type 3 – Bar Hotel – Lounge Bar and Beer Garden = 146 m2 Use Area Retail Business -Type 2 – Shop & Salon Nil Retail Business -Type 2 – Shop & Salon 43 m2 Use Area Open Space Type 1 – Sport and Recreation Water & Sewerage only = Commercial Pool - 775 m2 Use Area Open Space Type 1 – Sport and Recreation Water & Sewerage only = Commercial Pool - 775 m2 Use Area Aboriginal Cultural Heritage Act 2003 There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act). The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage. You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any obligations under the ACH Act. Infrastructure Charges All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. property notes Not Applicable variation approval details Not Applicable 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, Carparking & Access, Roadworks, Frontage Works, Stormwater Drainage, Site Civil Works, Excavation of Materials, Erosion & Sediment Control & Filling of the Site submissions Not Applicable rights of appeal You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached. During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given. other details If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices. Yours faithfully, Georgina Schramm Development Planner Enc: Appeal Rights Approved Plans/Documents DECISION NOTICE HISTORY Original Decision Notice issued 15 February 2007. Negotiated Decision Notice issued 19 April 2007 with amendment to Conditions 5, 20, 35.2, 42.1, 66, 68, 70, 71, 73, 83, 140, 162, 167, 176, 182, 204, 212, 213.2.9, 213.3, 237, 242, 258, 263, 283, 284.3.1, 284.11, 286, 292, 306, deletion of Condition 42.6 Compiled Decision Notice issued 27 February 2008 with amendment to Conditions 1, 2, 20, 284.3.12, 286, 315 & Advice Conditions 1 & 2. Change to an Existing Approval issued 21 January 2009 with amendment to Conditions 1, 2, 18 & 20 and inclusion of one additional condition (Condition 323) and two advice conditions (Advice Conditions 12 & 13). Change to an Existing Approval issued 18 November 2009 with amendment to Conditions 1, 2, 20, 107, 284.3.9 and 284.3.15. Inclusion of two additional conditions (Conditions 324 & 325) and two additional advice conditions (Advice Conditions 14 & 15). Decision Notice – 132006.823.09 – 15 August 2022; amend condition 285 Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017 Chapter 6 Dispute resolution Part 1 Appeal rights 229 Appeals to tribunal or P&E Court (1) Schedule 1 of the Planning Act 2016 states – (a) Matters that may be appealed to – (i) either a tribunal or the P&E Court; or (ii) only a tribunal; or (iii) only the P&E Court; and (b) The person- (i) who may appeal a matter (the appellant); and (ii) who is a respondent in an appeal of the matter; and (iii) who is a co-respondent in an appeal of the matter; and (iv) who may elect to be a co-respondent in an appeal of the matter. (2) An appellant may start an appeal within the appeal period. (3) The appeal period is – (a) for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or (b) for an appeal against a deemed refusal – at any time after the deemed refusal happens; or (c) for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or (d) for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or (e) for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or (f) for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person. Note – See the P&E Court Act for the court’s power to extend the appeal period. (4) Each respondent and co-respondent for an appeal may be heard in the appeal. (5) If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal. (6) To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about- (a) the adopted charge itself; or (b) for a decision about an offset or refund- (i) the establishment cost of trunk infrastructure identified in a LGIP; or (ii) the cost of infrastructure decided using the method included in the local government’s charges resolution. 230 Notice of appeal (1) An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that- (a) is in the approved form; and (b) succinctly states the grounds of the appeal. (2) The notice of appeal must be accompanied by the required fee. (3) The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to – (a) the respondent for the appeal; and (b) each co-respondent for the appeal; and (c) for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and (d) for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and (e) each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and (f) for an appeal to the P&E Court – the chief executive; and (g) for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate. (4) The service period is – (a) if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or (b) otherwise – 10 business days after the appeal is started. (5) A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6). (6) A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person. 231 Other appeals (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable. (2) The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error. (3) A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter. (4) In this section – decision includes- (a) conduct engaged in for the purpose of making a decision; and (b) other conduct that relates to the making of a decision; and (c) the making of a decision or failure to make a decision; and (d) a purported decision; and (e) a deemed refusal. non-appealable, for a decision or matter, means the decision or matter- (a) is final and conclusive; and (b) may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground. 232 Rules of the P&E Court (1) A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal. (2) However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court [word/footer2.xml] Page 55 of 57 [word/footer3.xml] PO Box 141 P. (07) 5329 6500 [email protected] TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au Page 1 of 58 [word/footer4.xml] Page 2 of 3 [word/header4.xml] 3 [Attachment: image3.png (image text)] ee) NOOSA COUNCIL