Minor Change Existing Approval 132004 240137 2 (As Published) · 132004.240137.2

               4.     ASSESSMENT MANAGER CONDITIONS

               Land Use

               1.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are numbered DA03.08 Revision No.
                      A & prepared by DesignInc Brisbane and dated 16 March 2004 and Drawing No. 20164_LP-
                      03.0 and 20164_ELEV-04.0 prepared by Mentor Design Pty Ltd and dated 29 September
                      2004 and as may be amended by these conditions.
               2.     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.
               3.     The area between the Sheraton Noosa and Bay Village as indicated on Drawing No.
                      20164_LP-03.0 and 20164_ELEV-04.0 prepared by Mentor Design Pty Ltd and dated 29
                      September 2004 shall be landscaped in accordance with Council’s Policy on Landscaping
                      Guidelines and a properly prepared landscape plan. Such landscaping is to be completed
                      prior to the premises being occupied and maintained at all times thereafter.
               4.     Any advertising sign or device is to comply with the provisions of Council's policies on
                      advertising.
               5.     The development shall operate in accordance with the Car Park Management Plan prepared
                      by Bennett and Francis as received on 22 November 2004 and as amended by the following:
                      5.1. The basement car park layout shall be in accordance with Drawing No. 014634.01 and
                           014634.02 prepared by Bennett & Francis as received on 8 December 2004.
                      5.2. No commercial charge shall be applied to retail customers to park in the basement car
                           park.
                      5.3. Car parks within the basement car park shall be cleared of items and made available
                           for car parking prior to 31 January 2005.
               6.     Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 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.
               7.     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.
               8.     This Development Permit for a material change of use of premises lapses if:-
                      8.1. the use or erection of a building or other structure associated with the use, has not
                           been commenced by 13 January 2009, unless application is made and approved by
                           Council for an extension; or
                      8.2. the use of any premises pursuant to the Development Permit ceases.
               9.     The developer must obtain all of the other Development Permits referred to in the Decision
                      Notice, prior to obtaining a Development Permit for building works.




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Document Set ID: 24199432
Version: 3, Version Date: 03/10/2025