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TPC 1947 - Approval Letter

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ave

Paul Summers

TPC 1947

PS/51

2ist December, 1987

Demagogue Pty. Ltd.,

c/- Virgil Power & Bothwell,
Solicitors,

DX 41977, :

NOOSA’ HEADS. 0. 4567

Dear Sirs,

Re:

Application” for’ Town” Planning’ Consent’ TPC 1947" (Demagogue’ Pty.’ Ltd. J
for a multiple dwelling’ (13 units)” at’ 19 Noosa Drive and Edger’ Bennett
Avenue, Noosa Heads “deseribed' as Lot 11’ oh’ RP. 183640, Parish: of

Weyba, County of March

With reference to the above application I wish to advise that Council at

its

meeting held on 15th December, 1987 resolved to propose to approve the

application subject to the following conditions:-

‘ 1.

3.

Submission to and approval by Council of building plans in accordance
with the Building Act, Council's By-laws and Policies, and generally
in accordance with the plan approved in this Consent and the Shire of
Noosa Town Planning Scheme apart from where amendments are required by
dispensations or have been granted in conjunction with this Consent.

The plans submitted for Building Approval are to comply with the

following: -

(a)

(b) A six (6) metre setback is to be provided to northern property
boundary adjacent Noosa Drive.

Provision of at least seventeen (17) off-street car parking spaces,
comprising thirteen (13) covered spaces and four (4) uncovered spaces,
and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained*in accordance with the
Town Planning Scheme, Council's Policies and to the reasonable
satisfaction of the Shire Engineer. Plans and specifications for
these works are to be submitted to the Shire Engineer for approval in
conjunction with the Building Application.

 

Foyle,
22

 

AEPERG

fa

REFERS:

 

 

 

 
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Full text of the other 5 sections

Section 2

 

 

Demegogue Pty. Ltd. - TPC i947 - 17th December, 1987 - Page 2

 

4.

Vs

10.

There ‘is to be no detrimental . effect upon the amenity of the
neighbourhood by. reason of the creation of excessive noise, lighting .
nuisance or other emissions... --0° 1... : ett : -

 

The open spdéce and ‘setback areas are to.be landscaped in accordance
with the Noosa Design Manual and a properly ‘prepared landscaping plan
to be submitted to and approved by the Shire Planner, prior to the
issue of a Building Approval. Such landscaping is to be completed in
accordance with the approved landscaping plan; prior to the premises
being occupied and maintained at all times -thereafter to the
reasonable satisfaction of the Shire Planner.

Payment of contributions in accordance with Council's Policy on Water
Supply and Sewerage Headworks, current at the time of.Building
Approval. Calculations based upon the current Policy including Price
Index variation as at December, 1987 ere estimated as follows:-

upolots 14/1/88 .
Water Supply - $26,171 - 29816
Sewerage - $10, 420 , Gb 72.

 

TOTAL: $36,591

If payment is not proposed to be made prior to the issue of Building
Approval, a cash: bond or treding bank guarantee for the required
amount is to be lodged prior to,the release of that Approval. The
contribution is then required to be made within fourteen (14).days of
the issue of Building Approval.

Construction work is permitted only during the hours of 7.00 a.m. to
6.00 p.m. Monday to Saturday, except where extended hours ere approved
by the Building Surveyor.

Provision of approved refuse containers in accordance with the
requirements of the Refuse Management Regulations of 1983 for the
storage and collection of refuse to the satisfaction of Council's
Health Surveyor.

Provision of an imperviously paved, drained and enclosed area to
accommodate 411 refuse containers to the reasonable satisfaction of
Council's Health Surveyor. This area is to be aesthetically screened
from any road frontage or adjoining property boundary and is to be
setback a distance of two (2) metres from any road frontage. A
suitable hosecock and hoses to be located in the vicinity of the
refuse container area. :

Any flat or unit intended to be let out for fee or reward is to be
licenced annually with Council's Health Department in accordance with
the provisions of Chapter 43 of Council's By-Laws prior to such
letting.

Section 3

     

Demagogue Pty. Ltd. - TPC 1947 - 17th December, 1987 - Page 3

 

1.

“12.

13.

14.

The swimming pool shall be licensed annuelly with the Council's Health:
Department in accordance with the provisions of Chapter 42 of

. Council's By-Laws.

Prior ‘to occupation ‘of the building and prior to Council ‘sealing
Building Units Plans for the proposed development, a temporary or.
permanent road closure is to be effected in respect of any driveway
area proposed to be located within the Edgar Bennett Avenue road
reserve. Evidence of a formal application in this regard is to be
lodged prior to the issue of a Building Approval.

No fencing or security gates are to be erected within the road reserve
until such times as the relevant road closure is effected.

The following works are to be completed to the satisfaction of the
Shire Engineer and shall require the submission of detailed
engineering drawings submitted by a Registered Civil Engineer and
approved by the Shire Engineer prior to the issue of building
approval :-

(a) Having regard to previous geotechnical engineering reports “and
recommendations, Council requires the applicant to construct a
retaining wall along the Noosa Drive frontage of the site. Such
wall is required to stabilise the toe of the slope and protect
Noosa Drive in the event of failure of the slope due to building
works on the site. The wall shall be located approximately 5.0
m. from the edge of the existing Noosa Drive construction and
shall run approximately parallel to the western boundary of the

site. The wall shall extend to include the whole of the
projected frontage of the site by extending the southern side
boundary. The approved retaining wall construction shall be

completed prior to building works commencing on the site. The
height and foundstion details of the retaining well shall be
. fixed by a Registered Geotechnical Engineer and will require
approval of the Shire Engineer prior to construction works

commencing. These works are required in lieu of a contribution
towards road improvements in accordance with Council's Noosa Hill
Policy.

{b) Connection to Council's existing water supply reticulation at the
Developer's expense. The applicants" Hydraulic consultants shall
design the internal woeter reticulation system to provide a
service to each unit in accordance with the Department of Local
Government.'s Guidelines. Any upgrading or extensions required to
Council's existing system to provide the required flow rates
shall be at the Developer's full expense.

(c) Aécess to the site is to be constructed in accordance with
Council's Policy and standard drawings. The design details shall
be accompanied by advice from SEQEB in regard to relocation of
its existing services in the Edgar Bennett Avenue road reserve.
All alterations to existing services necessitated by the access
construction shall be et the full expense of the developer.

 

Section 4

      

Demagogue Pty. Ltd. - TPC 1947 - 17th December, 1987 - Page 4

 

 

 

(ad) The applicant shall construct 6 stormwater drainage system which

° provides for the carrying off of all stormwater from the site

. including that:.from. roofed and_- paved. areas and .the frontage. -
Po an roadworks fequired in’ the Picture..'Point road‘ reserve: “The:

: stormwater drainage ‘system shall connect to Council's existing
culverts north of the site under Noosa Drive. ,

  

In designing the’ system the developer ‘shall have regard to
Council's requirement that minimal disturbance to the existing
vegetation is to be carried out within the Edger Bennett Avenue
road reserve and in this regard consideration shall be given to
designing the stormwater drainage system to be suspended under
the proposed walkway. It is to be noted that the design shall
consider the effects of likely land slips and shall inelude the
provision of flexible couplings as required to reduce possible
damage to the drain line. :

(e}) The applicant shall upgrade the existing Picture Point road
construction across the frontage of the site. Such works shall
include the provision of a 3 point truck maneouvre area. All
retaining structures necessary for the construction of these
works shall be at the full expense of the Developer. a

(£) The applicant shall connect to Council's existing sewerage
reticulation system at a point nominated by the Shire Engineer.
This shall include an extension to Council's system at the
, Applicant's expense. The construction methods for the sewer
. extension may be similar to the stormwater drainline connection
ie. suspended under the walkway with necessary precautions taken
to reduce damage to the sewer line in the event of land slip. An
alternative may be considered involving a pump station and rising
main to connect to the existing services in Picture Point.

{g) The applicant shall construct a suspended pedestrian walkway
within the Edgar Bennett Avenue road reserve to link Picture
Point to the existing walkway in Noosa Drive. The walkway is to

«be designed so as to ensure minimal effect on the existing
vegetation and shall provide sufficient -erosion controls as
required by the Shire Engineer. Revegetation of the road reserve’
is required following completion of construction works. The
walkway design shall provide for the suspension of stormwater and
sewer pipes leading from the site and shall be Gesigned to
withstand possible dunal failure.

15. The developer shall bear the cost of alteration of any public utility
or facilities necessitated by the development of the site or
associated construction works external to the site.

16, Any spill on or damage to Noosa Drive road reserve resulting from
construction works on the site shall be immediately removed by
Council, at the Developer's expense.

Section 5

 

 

     

Demagogue Pty. Ltd. - TPC 1947 - 17th December, 1987 - Page 5

 

17,

18.

19,

20.

The . applicant through his... solicitor. shell provide Council with an

appropriate indemity to indemnify Council against all possible claims

resulting from Land: ‘Slips occurring durin ig: constriction works: ‘upon the |
site, | Such indemnity ‘shall Be effective until- works upon ‘the site’
have .been certified as completed and having been carried out in

e@ccordance with the Developer's Geotechnical Engineer's requirements

by Council's Building Surveyor and Shire Engineer.

 

No trees or vegetation are to be removed from the site without the
approval of the Building Surveyor and the applicants' Geotechnical
Engineer. Written advice from the applicants Geotechnical Engineer
that removal of specific vegetation will have no detrimental effect on
the stability of the slope will be required prior to the Building
Surveyor's consideration of approval. No disturbance of the
vegetation below the building site except for construction of the
retaining wall as required by the conditions of this approval shall be
carried out unless specifically approved by the Shire Efgineer.

No earthworks or filling shall be carried out on the site until the
issue of building approval.

Prior to the submission of a building application and at the
applicant's expense a Geotechnical Report is to be submitted and
approved by Council's Geotechnical Consultants and Council's Building
Surveyor. Such report shall include a detailed assessment of the
following matters :- .

i. Identification of type of failures of the steep dune slopes that
May occur. .

ii. Guidelines for establishment of foundation levels having regard
to the requirement that all structures on the site. are to be
self-supporting in the event of a future sand slip.

iii. Construction factors including site supervision, storeage of
materials, limits to area of operation of machinery, piling
techniques, removal of vegetation and revegetation.

iv. A detailed assessment of the structural adequacy of all proposed
retaining walls on the site in the event of possible land slip.

Vv. Drainage of the site during construction having regard to the
requirement that no discharge of stormwater is permitted on the
dunal slopes during or after construction works.

vi. Design details for the retaining wall in Noosa Drive as required
under Condition 1f4(a).

vii. Design details for the suspended walkway as required under
Condition 14(g).

Section 6

     

  

Demegogue Pty. Ltd. - TPC 1947 - 17th December, 1987 - Page 6

 

21. Submission -of: a .cash -bond .or trading, bank, guarantee to the sum..of

$100, 000 to secure _ performance of conditions, prior to the issue .of.-

“ Building- Approval. : ' Conndil. reserves. the.. right to. call upon the bond
‘or “guarariteed - stn ‘véferred: ‘to ‘in this’ Approval, for “the _ purposes’ of.
litigation should the "use not be conducted in ‘accordance with this
Approval. The cash bond or trading bank guarantee may be returned to
the applicant upen payment of the .réquired: sums and: performance ofthe
conditions of approval.

22. This Consent may be revoked pursuant to Section '33 (16D) of the Local
Government Act if substantial progress has not -been made in the
erection of any building or other structures in accordance with this
Consent or the rights conferred by this Consent are not exercised in
accordance with this Consent within two (2) years.of the date thereof.

 

Please find attached for your information:+

 

(a) List of names and addresses of objectors to the application; and

(b) Copies of relevant parts of the Local Government Act outlining appeal
xights with respect. to Council's decision...

You will be. further advised following the expiry of the thirty (30) day
appeal period mentioned in Section 33 (18) (1) of the Local Government Act.

< ‘ Yours faithfully
he Laat
. ‘ eA
- . . . / mo soe Tt So ge Philpot Co tee
My - - ae (2 0). SHIRE’ CLERK.’ er.
Enc.

   

 

 

 

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