Judgement.pdf [As Published] · 132007.1259

Page 2

Filed on 2010

Filed by: Norton Rose Australia

Service Address: _ Level 17, 175 Eagle Street, Brisbane Qid 4000
Phone: (07) 3414 2888

Fax: (07) 3414 2999

Reference: 2658916

(on behalf of the Appellant)

Registrar

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Approved Plans

1.

nytt

Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are prepared by Carl Brunskill
Architects and JMA Architects and are listed in the following table:

 

Pian No. Rev. Plan / Document Name Date
20517_ A-40 a Site Plan Basement 20 November 2009
20517_A-41 a Commercial Precinct Floor Plans 20 November 2009
20517_A-42 a Commercial Precinct Elevations 20 November 2009
20517_A-43 a Commercial Precinct Elevation & 20 November 2009

Section
20517_A-06 - Site Plans Sections A-D 5 March 2009
20517_A11 - Tourist Accommodation Typical Plan 5 March 2009
20517_A-12 - Tourist Accommodation Typical 5 March 2009
Elevations
20517_A-13 - Tourist Accommodation — Typical 5 March 2009
Sections
20517_A-14 - Beach Shacks Single Beach Shack 5 March 2009
20517_A-15 - Beach Shacks Double Beach Shack 5 March 2009
20517_A-05 - Site Plans Sections 1-4 5 March 2009
20517_A07 - Site Plans Street Elevation 5 March 2009

For the sake of clarity, the form of commercial buildings approved here is reflected in
those drawings 20517 A-40 to 20517 A-43 (inclusive), dated 20 November 2009 (and
not as otherwise shown in Drawings 20517 A-05 & 20517 A-07). The approved plans
may be further amended by the conditions herein.

General

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.

The units 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 units shall not be used for the purpose of permanent residential
accommodation, with the exception of two manager/caretaker’s units. The Community
Management Statement for any or all Bodies Corporate having control of the
development, or any part thereof, shall incorporate this requirement.

All buildings shall be finished in natural, muted tones as generally indicated on
Drawings 20517 A-42a and 20517 A-43a.

Any deck or balcony areas shall not be fully enclosed with shutters, glass panelling or
the like, thus remaining open structures.

Any rooftop plant or mechanical equipment extending more than 1 metre above the
roofline shall be screened using lightweight screening materials that visually integrate
with the building design.

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8.

All fencing shall be setback at least 1 metre from the front property boundary, with at
least half of the fencing setback 2 metres. The area of land between the fence and the
front property boundary shall be densely landscaped to screen any fencing from the
street.

Any advertising sign or device is to comply with Council’s policies on advertising.

Building Height

9.

10.

The finished height of the buildings shall not exceed the heights identified on the
approved plans of development.

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 the conditions of approval.

Business Uses

11.

12.

13.
14.

15.

The ground floor retail tenancies are to have a minimum of 50% transparent glazing
fronting the street.

All goods are to be displayed on site within the property boundaries and/or on the
premises approved for the use.

No outdoor dining is permitted for the shops and restaurants.

The office is approved for the administration of the Visitor Accommodation units and
the development in general only.

The shops and restaurant shall not operate outside the hours of Sunday to Thursday
7am to 10pm, and Friday and Saturday 7am to 12 midnight.

Existing Vegetation

16.

17.

18.

19.

20.

Existing trees on the site and within road reserves are to be retained, except where
tequired to be removed due to building operations. In this regard, all native trees
located outside the general building footprints, driveways, and car parking areas shall
be retained on site. All trees to be retained and/removed shall be identified in the
landscape plans.

All significant trees in the frontages of the site (excluding palms) shall be retained as far
as practical. Following investigation into the root structure of those trees, reallocation of
carparking and motorcycle spaces is to be made to provide clearance to roots. An
arborist shall be engaged to confirm appropriate conditions and working clearances.

The trees required to be retained shall be protected from construction impacts in
accordance with an approved arborist report submitted with an application for a
Development Permit for Operational Works.

A qualified arborist shall monitor the health and structural integrity of the trees to be
retained on site. The monitoring shall occur at least monthly during the construction
period and quarterly for 12 months after construction is completed. The developer shall
rectify any decline in the health or structural integrity of the trees, in accordance with
the arborist’s recommendations.

Cleared vegetation is to be suitably processed by one of the following methods and
removed from the site:-

20.1 Re-use for building materials.

20.2 Processing through a woodchipper or shredder. The resulting mulch is to be
stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres
high with a minimum of 10 metres between edges of heaps.

20.3 Disposal for firewood.

20.4 Disposal for landscaping purposes.

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20.5 Transport to alternative site for breaking down materials provided that all
necessary permits have been obtained to allow the alternate site to be used for
this purpose.

20.6 The disposal method for clearing works is to be submitted in conjunction with an
application for a Development Permit for Operational Work. The Applicant is
advised that other methods may be considered provided full details of the
method are submitted.

The Applicant is advised that burning off is an unacceptable method of disposal.

Landscaping

21,

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. Such
landscaping is to be completed prior to the premises being occupied and shall be
maintained at all times thereafter. The landscaping plans submitted for approval shall
include:-

21.1 Native trees of a minimum bag size of 100L to replace existing trees to be
removed from the site, at the rate of 1 replacement tree for every 1 tree
removed.

21.2 A vegetated buffer to screen the commercial building to the Road 151 (stub road)
adjacent the site’s southern boundary.

21.3 A vegetated buffer a minimum of 3 metres wide along the site’s eastern
boundary to Peregian Beach Hote! to screen and provide filtered views of the
development from David Low Way.

21.4. A minimum of 16 trees of a minimum bag size of 100L and 4 trees of a minimum
bag size of 400L shall be provided to the site's road frontages.

21.5 A feature tree of a minimum bag size of 400L provided to the David Low Way
frontage planted between Buildings A & B to replace the proposed sculpture.

21.6 The 3 metre wide landscape areas to David Low Way frontage shall be extended
to reduce’ the extent of hard pavement and increase the amount of soft
landscaping.

21.7 Landscape treatment (including paving) to the site's road frontages shall be
designed to match in with the existing streetscape of Peregian Beach Village.

21:8 Planting and maintenance regime details to address the ongoing health of all
large plantings (i.e. greater than 45L);

Fire Management

22.

The development shall be carried out generally in accordance with the fire
management measures recommended in the Natural Solutions Report dated 21
November 2007.

Bicycle Parking & End of Trip Facilities

23.

24.

Secure bicycle racks shall be provided on site to accommodate a minimum of 17
bicycles. The cycle parking rack is to be made available for customers and staff of the
retail premises at all times during business hours.

End of trip facilities shall be provided for staff and shail include:
24.4 a minimum of six lockers; and

24.2 a minimum of one male and one female shower cubicles with ancillary change
rooms.

Outdoor Lighting

25.

Any outdoor lighting with the potential to affect surrounding residential premises shall
be designed, installed, operated and maintained in accordance with AS4282 “The
Control of the Obtrusive effects of Outdoor Lighting’.

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Energy & Water Efficiency

26. All hot water systems installed shall be either solar systems; electric heat pump
systems; or gas systems (LPG or natural).

27. All new kitchen, laundry and bathroom fittings shall 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), or current equivalent standards as may apply, with toilets to comply
with the AAAA Water Conservation Rating System. All new 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.

Development Permits

28. 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.

Compliance Bond

29. Security in the form of a cash bond or trading bank guarantee for the sums of $50,000
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.

30. 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.

Relevant Period

31. The Development Permit for a material change of use lapses if the use has not started
by 4 February 2014 and all works associated with the development have not been
completed by 4 February 2016.

Lot Amalgamation

32. All separate, adjoining lots that form part of this application shall be amalgamated into
one undivided allotment in accordance with Section 3.7.3 of the Integrated Planning Act
and the Plan of Survey submitted for registration at the Land Titles Office. Proof of title
being issued for the amalgamated lot shall be submitted to Council prior to the issue of
the Development Permit for Operational Works.

Vehicle Access

33. A vehicular access driveway to serve the site shall be constructed from the Road 151
frontage of the site as detailed on Drawing 20517_A-40a by Carl Brunskill Architects
and JMA Architects and dated 20 November 2009.

34. The driveway shall be designed and constructed to Council’s design standards and to
grades that prevent vehicles from scraping and/or bottoming whilst also allowing
pedestrians movements along the footpath without any step or level difference. Should
any driveways be constructed to grades that do not comply with AS/NZS 2890.1-2004
and AS 2890.2-1989, Council will require that the driveway be removed and
reconstructed to levels that do comply.

35. Please note, a step between the driveway and the footpath shall be avoided, as it is
preferred to have the footpath continue at a constant grade to minimise the potential for
pedestrians to trip or fall.

36. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the
footpath, the driveway and any associated fencing or vegetation near the driveway
shall comply with the minimum sight line requirements as defined in AS 2890.1, section
3.2.4. The applicant shall demonstrate compliance by illustrating these sight lines on
the plans submitted for both Operational Works approval and Building Works approval.

37. All vehicles shall enter and leave the site in a forward direction.

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Car and Motorbike Parking
Off Street

38.

39.

40.

A minimum of 140 carparking spaces and 8 motorbike spaces shall be provided within
the site generally as shown on drawing number on Drawing 20517_A-40a by Carl
Brunskill Architects and JMA Architects and dated 20 November 2009 except as
modified herein.

The carparking area shall be designed to comply with the provisions of AS/NZS
2890.1-2004 for user class 3 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.

All carparking shall be kept, maintained and line-marked in a condition fit for use.

Frontage Works

41.

42.

43.

44.

45.

46.

The existing bus bay at the frontage of the site shall be reconstructed to provide for a
new kerb and channel line parallel to the running lane edge. This shall require the
reconstruction of footpaths and associated services. All associated and ancillary work
including pavement correction to the existing pavement, drainage, adjustment to the
footpaths and adjustment to existing infrastructure shall be undertaken to complete
these frontage works. These works must be undertaken at no cost to Council.

The existing bus shelter at the frontage of the site shall be relocated northward to be
located at the head of the bus bay. As an alternative, Council would give consideration
to incorporating shelter and seating on the development site and removing the existing
shelter.

Footpath improvements such as topsoiling, grassing, and tree planting are required to
the Road 151 (stub road) road frontage of the site in accordance with Planning Scheme
Policy PSP03 Landscaping Plants & Guidelines. Grass shall be couch, free of weeds.

A new 2.0m wide concrete path shall be constructed along the Road 151 (stub road)
toad frontage of the site in accordance with Council's design standards and to an
alignment that protects any significant vegetation or any underground services.

All paths, pram ramps, driveways and parking areas shall be designed and constructed
to ensure pedestrian safety using non-slip materials, to produce an evenly graded
surface finish, and to be in accordance with the Disability Discrimination Act 1992 and
Australian Standard 1428.1 Design for Access & Mobility.

All redundant vehicular crossings to the site shall be removed and replaced by kerb &
channel, footpath paving and landscaping such as trees and grasses in accordance
with Council's Standard specifications prior to commencement of the use permitted by
this permit.

Koala management

47.

48.

The development must comply with the requirements of Nature Conservation (Koala)
Conservation Plan 2006 and Management Program 2006 -- 2016 (The Koala Plan) for
development in an Urban Koala Area. In this regard, the development must constitute a
koala sensitive design and demonstrate maintenance of habitat linkages.

To demonstrate compliance with The Koala Plan the application for Operational Works
must be accompanied by a Koala Management Plan for the detail design, construction
and operational phase of the development. The Koala Management Plan must detail
measures required to be implemented to achieve the intent of The Koala Plan during
the detail design, construction and operational phase of the development. As a
minimum, the Koala Management Plan must:

i. Provide a plan that locates Koala Habitat Trees on the site,

ii. Include recommendations of the site arborist for practical and achievable
measures in the detail design phase to maintain the koala habitat trees as far
as practical,

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iii, Detail the location and design of koala friendly fencing required around the site
to allow koala movement across, to and from the site;

iv. | Nominate whether dogs shall be permitted on the site. In the event dogs are
intended to be kept on the site they must be located in enclosed areas isolated
from expected koala movement corridors, and be surrounded by koala
exclusion fencing. Dogs permitted on site must be less than 10kg and kept in
the enclosed areas at all times. Dog enclosure areas must not prohibit koala
movement to or from the site or to the koala habitat trees nominated for
retention.

v. Where koala habitat trees are required to be removed as a result of the
development of the site, nominate the location and species for replacement
planting of the site.

vi. Detail a koala friendly swimming pool design to be implemented into the
development.

Vegetation Protection & Preservation

49.

The applicant shall submit an Arborist’s report with the Application for Operational
Works detailing the extent of construction activities required around the root zone of
trees required to be retained, or nominated in the Koala Management Plan to be
retained, on site and measures required to ensure protection of the health of those
trees. The applicant must ensure all recommendations of the Arborist report are
implemented during detail design and construction of the development.

Parkland Restoration and Dedication

50.

51,

52.
53.

54.

55.

The applicant is required to dedicate to Council as Parkland for Environmental
Purposes, the balance portion of Lot 76 on MCH 2969 Iocated to the west of the 6m
unvegetated setback required by the Bushfire Management Plan. In this respect the
applicant is required to seek a Reconfiguration of a Lot approval to enable dedication of
the Parkland. The Application for the Reconfiguration of a Lot must include an accurate
survey plan detailing the location of the land to be dedicated to Council as Parkland.

The applicant is required to submit a Plan of Survey that details all lands described as
‘Parkland’ as required by these conditions to be dedicated to the Crown (with Council
as Trustee) for Environmental Purposes pursuant to the Land Act 1994.

Dedication of parkland to the Crown shall be at no cost to Council.

An Ecological Restoration Plan for the Parkland shall be prepared in accordance with
the requirements of Council's Planning Scheme Policy PSP18 Ecological Assessment
Guidelines and submitted for Council approval prior to applying for a Development
Permit for Operational Works. The park areas of the site shall be revegetated and
rehabilitated in accordance with the Council approved Ecological Restoration Plan.

The Ecological Restoration Plan shall be prepared by a qualified and experienced
Ecologist, to the reasonable satisfaction of the Council. The Ecological Restoration
Plan (ERP) shall be applicable to the portion of the site to be dedicated to Council as
Parkland and address environmental weed removal and control, rehabilitation of
existing vegetation communities and revegetation strategies for degraded areas of the
area of the site to be dedicated as parkland. It shall identify all the areas of the park
that require ecological restoration, specify actions and works necessary to result in
robust, self-sustaining, viable indigenous plant communities and habitat. The ERP
shall aim to revegetate the park areas with suitable native species to resemble the local
endemic ecosystem by removing all noxious and environmental weeds from the site
and include the planting and maintenance requirements of the Council approved
Bushfire Management Plan for the site. The ERP shall detail continual maintenance
requirements for a 1 year period (the maintenance period) to enable the revegetation
and rehabilitation works to be self-maintaining. To this extent Council's Coordinator of
Environment and Landscaping must be consulted during the preparation of the plan.

The following, inter alia, shall be addressed and included in the Ecological
Restoration Plan and specifications:

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56.

57.

58.

59.

55.1 document the current status of the areas requiring ecological restoration in terms
of structure, floristics, missing elements, health, vigour, etc.;

55.2 specify the required works and actions for each area in terms of:

55.3. site preparation (this may include thinning, grass removal, weed removal and
control, etc.);

55.4 establishment of the missing floristic and structural elements;

55.5 creating opportunities for regeneration from the seed bed, natural recruitment
and the establishment of wildlings;

55.6 habitat creation and reinforcement for native fauna and reinforcement of habitat
linkages and corridors;

55.7 planting and mulching procedures;

55.8 fertilizing procedures;

55.9 watering procedures;

55.10 protection from wildfire, particularly during the establishment phase;
55.11 erosion and sediment control;

55.12 on-going maintenance;

55.13 access for maintenance;

55.14 environmental safeguards; and

55.15 incorporation of the relevant requirements of all the management plans required
by this approval, particularly the Bushfire Management Plan and Koala
Management Plan.

The eradication and control of environmental weeds will be an integral part of both the
Ecological Restoration Plan and the Landscaping Works. Vegetation used in
restoration work and landscaping shall exclude environmental weed species.

A wire fauna fence shall be erected around the perimeter of the park areas to be
protected and restored, prior to construction activities commencing on site. The fauna
fence will have signs attached restricting entry to authorised persons only.

The contract for the Ecological Restoration work shall specify a 1 year maintenance
period from the date restoration works are completed by the contractor to the
reasonable satisfaction of the Council's Coordinator of Environment and Landscaping,
by which time the ecologically restored areas should be self-sustaining. It shall also be
weed-free to the satisfaction of the Manager, Council’s Coordinator of Environment and
Landscaping. The applicant must provide Council's Coordinator of Environment and
Landscaping with a certification from a suitably qualified person confirming that
management of weeds within the park area complies with the requirements of the Land
Protection and Stock Route Management Act.

All the relevant ecological restoration works and actions shall be undertaken by the
Developer and completed prior to dedication of the park areas to Council.

Roof Water & Stormwater Drainage

60.

Roof runoff from any new building shall be directed to a rainwater storage system or
tank that is installed to ensure water from the rainwater storage system or tank is used
for external uses (such as watering gardens, irrigation, ornamental ponds, water
features, topping-up swimming pools, outdoor cleaning, etc) and for internal (ground
floor) use in washing machine cold taps and toilet cisterns. All rainwater fanks are to
be designed and installed in accordance with the Queensland Development Code
(QDC) current at the time of building approval, and shall be part of the plumbing
application for approval. The location and capacity of the tanks shall be clearly shown
on the plans submitted for Operational Works approval and any overflow shall be
directed to the on site stormwater drainage system. In particular, the plans detailing

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61.

62.

63,

64.

65.

66.

67.

68.

69.

rainwater tanks must be amended to include rainwater tanks/alternative water supply
for the commercial/hostel building fronting David Low Way.

All stormwater drainage (including roof water overflow from the rainwater storage
system) shall be collected and discharged so there is no net increase in stormwater
runoff from the site. Stormwater drainage permitted to drain from the site shall be
discharged via existing and proposed drainage structures contained within the site, as
detailed within the Simmonds Bristow report titled "Essence of Peregian Stormwater
Management Plan, Sediment and Erosion Control! Plan", dated 30 November 2009,
except as modified by these conditions. The maximum discharge of stormwater
drainage allowable to Council's kerb & channel street drainage system at any one
location is 25 litres/second.

A detailed Stormwater Management Plan and a Sediment and Erosion Control Plan
shall be prepared. This will generally be in accordance with Simmonds and Bristow
Report “Essence of Peregian Stormwater Management Plan, Sediment and Erosion
Control Plan’, dated 30 November 2009. MUSIC modelling and reporting shall be
refined to incorporate the final proposed design.

Grease and Oil arrestors and/ or stormwater quality improvement devices must be
incorporated into the design to treat all run-off prior to run-off exiting the premises
Grease and Oil arrestors or stormwater quality improvement devices must be
consistent with the design and water quality objective requirements specified within the
Essence of Peregian Stormwater Management Plan, Sediment and Erosion Control
Plan dated 30 November 2009.

A detailed maintenance plan shall be prepared for the proposed stormwater
management system, 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.

The fill material (including topsoil) to be used within stormwater treatment areas (i.e.
including but not limited to stormwater infiltration swales and other areas as required by
the Simmonds and Bristow Plans) shall achieve a minimum infiltration rate of
75mm/hour without clogging. Sand is required to achieve this infiltration rate hence
clays and silts are not allowed as fill material. Specific infiltration and soils property
testing shall be carried out to demonstrate the suitability of proposed fill material. Such
testing shall be on the fill material prior to placement.

All habitable dwellings shall be located above the ARI 100 year flood level, which is set
at RL 3.5m for the site. The ARI 2 year event flood level is set at RL 3.0m AHD in
relation to regional flooding.

All site stormwater drainage shall be by means of a gravity system. In this respect, the
application for Operational Works Approval for Stormwater must be accompanied by a
stormwater drainage plan that demonstrates compliance with this condition.

Environmental Management Plan

70.

71.

An Environmental Management Plan (EMP) for the Site shall be prepared and
implemented by persons holding appropriate environmental qualifications and proven
expertise in the preparation and implementation of EMPs, to ensure that the impact on
the environment of the construction and operation of the Development is minimised, the
Environmental Values of the Site are protected and enhanced and the Development is
ecologically sustainable.

The EMP shall be cognisant of the following:-

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71.4

71.2

71.3

71.4

71.5

The EMP shall demonstrate a high leve! 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:

71.3.1the performance targets, including those derived from the Conditions and
other requirements arising from legislation and other approvals;

71.3.2 how the performance targets are to be achieved;
71.3.3 who is responsible;

71.3.4 when the performance targets will be satisfied;
71.3.5 how performance will be monitored;

71.3.6 corrective actions and contingency measures;
71.3.7 reporting arrangements;

71.3.8 auditing arrangements;

71.3.9 how the requirements are to be incorporated into construction and works
contracts;

71.3.10 how the Developer's employees, contractors and the contractor's
employees will be informed and trained with respect to the environmental
protection requirements;

71.3.11 enforcement; and
71.3.12 penalties for non-compliance.

In particular, but without limitation, the EMP shail address the following issues in
relation to the construction phase :

70.4.1 legislative compliance;

70.4.2 soil erosion and sediment control;
70.4.3 vegetation protection;

71.4.4 fauna and fauna habitat protection;
71.4.5 weed and pest control;

71.4.6 water quality protection;

71.4.7 ground water protection;

71.4.8 air quality protection;

71.4.8 storage and handling of hazardous substances;
71.4.9 noise and vibration management;
71.4.10 waste management;

71.4.11 cultural heritage management;
71.4.12 visual amenity protection;

in particular, but without limitation, the EMP shall address the following issues in
relation to the operational phase:

71.5.1 legislative compliance;

71.5.2 water conservation;

71.5.3 water quality protection;

71.5.4 maintenance of Stormwater Quality Improvement Devices

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72.

71.5.5 vegetation protection;
71.5.6 fauna protection;
71.5.7 bushfire control;
71.5.8 weed and pest control.
71.9 waste management.

The EMP shall be submitted to Council in prior to or in conjunction with the lodgement
of any development applications for Operational Works for the Site. Operational Works
approval shall not be granted until the EMP is approved by the Coordinator of
Environment and Landscape. The Developer shall comply with the requirements of the
EMP.

Sewer Mains

73.

74,

75.

76.

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.

Existing sewer traversing the site to be abandoned and removed in accordance with
Council’s Planning Scheme Policy, PSP6 - Water & Sewerage Design Standards.

New sewer to service existing connection to Lot 51 SP156203, No.221 David Low Way
to be constructed along and within the northern and eastern boundary of the
development site to a point adjacent to Council sewer manhole MP20/02/09.
Connection to be made to existing manhole by contractor approved by Sunshine Coast
Regional Council.

New sewer to be contained in an easement in favour of Council in accordance with the
requirement contained in Council's Planning Scheme Policy, PSP6 - Water &
Sewerage Design Standards. No building or other structure requiring a building permit
will be allowed within the zone of influence of the sewer.

Town Water Supply

77.

78.

79.

80.

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.

A single Council installed primary water meter must be provided immediately inside the
property boundary. Additional water meters must be installed for each title of a
community title or sub-lease scheme. Meters must be Council approved, installed in
accordance with Council requirements and remain accessible at all times for reading
and maintenance purposes.

A separate metered domestic main and bypass fire main must be provided within the
development in accordance with Sunshine Coast Water Standards

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 Operational 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.

Service Easements (Sewer)

81.

A registered easement shall be created over the zone of influence of all sewers within
the subject site and over those parts of the subject site that are impacted upon by
sewers on any adjoining sites. The easements shall generally be parallel to and
centred over the sewer main and be equivalent in width to twice the depth to invert
level of the sewer at the deepest point within the allotment (measured from the finished
surface) and be no less than 3.0m wide overall. in this regard a licensed surveyor shall
accurately locate all sewer mains and determine the necessary width of the easement,
which shall be shown on any plans submitted for Operational Works approval. To this

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82.

83.
84,

extent the surveyor shall certify that the sewer and the zone of influence is wholly
contained within the easement to be created.

In addition to this the Applicant’s Solicitor shall give Council's Solicitor an appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged
at the Land Titles Office and any additional Titles Office forms or requisitions requiring
the consent of Council will be attended to promptly.

A duly executed copy of the easement shall be submitted to Council for perusal prior to
the use commencing.

Any changes required by Council's Solicitor must be corrected immediately.

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.

Any building or structure within the zone of influence of other public utility's
underground must have its foundations designed so that no surcharge loads are
imposed upon such underground infrastructure. Foundations must be taken down a
minimum of 1.0m below a line of influence measured 1.0m in the direction of the
foundation from the centreline of the closest underground service and along the natural
angle of repose of the foundation soil type(s).

Plans, and supportive documents, detailing these proposed foundations shall be
designed by a registered practicing Geotechnical Engineer and submitted with the
application for a Development Permit for Operational Works.

Earthworks

85,

Earthworks carried out on site shall not affect the structural integrity of any of the
existing fences or structures that border the development site. Fences that are affected
shall be replaced prior to the Building Certifier issuing the Certificate of Classification.
In this regard any fences to be replaced shail be clearly shown on the plans submitted
for Operational Works approval.

Acid Sulfate Soils

86.

As the site is located below the 20m AHD and above the 5m AHD, any excavation
works consisting of 100m* or greater which extends below 5m AHD will need to be
carried out in accordance with State Planning Policy 2/02 Planning and Managing
Development Involving Acid Sulfate Soils. In this regard appropriate testing and
supporting documentation prepared by a suitably qualified specialist shall be submitted
to Council for approval prior to obtaining a Development Permit for Operational Works.

Erosion and Sediment Control

87.

Any person acting on this permit shall prevent erosion and sediment export from
leaving the site. Site control measures such as silt fencing, controlled gravel access to
the site and controlled disposal of waste, will be necessary.

In this regard plans detailing the methods of controlling erosion and sediment are
tequired to be submitted to the Council for approval prior to obtaining a Development
Permit for Operational Works.

Contributions Towards Council Infrastructure

88.

Monetary contributions shall be paid to 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:

 

 

 

Page 14

 

 

 

 

 

PSP12 — Public Open Space Contributions (Park) $47, 529.00
PSP16 — Sewerage Headworks Contributions $387,739.08
PSP17 — Water Supply Headworks Contributions $346,368.38
| PSP20 ~ Pathway Trunk Network Contributions $32,272.83
TOTAL Contribution Amount = $813909.29

 

 

Please note, that these amounts are all subject to variations in the Consumer Price Index, All
Groups Brisbane from September 2009 until the date of payment.

 

 

 

All contributions must be paid prior to commencement of the use.
General

89. For the following classes of work associated with development, a Development Permit
for Operational Works must be obtained prior to commencement of works relating to
that class of work. The application may combine any or all of these classes of work:-

89.1 Access and/or Carparking.
89.2 Site Civil Works.

89.3 Stormwater Drainage.
89.4 Frontage Works.

89.5 Sewer reticulation (including new mains, relocations, diversions, pump
stations and rising mains).

89.7 Water reticulation.
89.8 Landscaping.
89.9 Erosion & Sediment Control

90. 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.

91. Digital detailed designs including drawings, calculations, specifications and a schedule
of works, 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.

92. 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).

93. A construction management plan/strategy to ensure no damage occurs to Council
services shall be prepared by a suitably qualified Registered Professional Engineer and
submitted to Council in conjunction with any application for Operational Works.

94. 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.

95. 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.

Page 15

96.

97.

98.

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 shail 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 shail 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.

Waste Management

99.

A Waste Management Plan (Operational) in accordance with Planning Scheme Policy
No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”,
must be submitted for the day-to-day operation of the development and approved by
Council’s Health Section prior to issue of development permit for operational works.

It is critical that waste areas are properly planned. A copy of Planning Scheme Policy
No. 9 explaining how to calculate waste quantities and design waste areas is available
from Council and the web. The Plan shall include the following information: -

99.1 The types of waste that will be generated from the activities approved within the
development.

99.2 Estimated volumes or tonnage of both recyclables and waste generated.
99.3 Methods to be used for dealing with garden waste.

99.4 Initiatives to minimize waste either by waste prevention, reduction, re-use or
recycling.

99.5 Description of procedures for getting all waste to the bins in the various storage
locations and the transfer to the main storage area for later collection.

99.6 A description of the design details of waste storage and recycling areas including
size, location, elevation and floor plan, methods of bin washing and system to
prevent storm water getting into sewer via the bin wash.

99.7 A description of types and volume of waste storage containers to be used.

99.8 The waste and recycling storage area shall include the provision of containers for
all waste and recycling materials including putrescible matter, non-recycling
waste, paper/ cardboard, glass, aluminium/steel cans, waste oil, styrofoam
boxes, etc, and bin washing facilities connected to sewer.

99.9 A detailed description of vehicular access to collect waste/recyclables. Access
must allow vehicles to enter and leave the site in a forward direction. Turning
circles are to be designed in accordance with AUSTROADS: design single unit
truck/bus (12.5) template. Height clearances shall allow both front and rear
loading of vehicles.

99.10 Collection details are required for approval. These are to show how collection
will not be impeded by other service/delivery vehicles, how collection will be
done when these other vehicles are occupying the loading bay area, how safety
is provided when residents vehicles and the proposed bus are using this same
area.

99.11 Refuse chutes must be provided in accordance with Council's Policy for “Refuse
Chutes and Accessories in Multi Storey Buildings”.

Page 16

100. A Waste Management Plan (demolition and construction) shall be submitted prior to

commencement of any demolition or construction works in accordance with Planning
Scheme Policy PSP11 - 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 Council's Waste Management Code).

The Plan shall contain the following information:

100.1 The site area for the storage and separation of waste is to be shown on the plan
drawings accompanying the application.

100.2 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 | Estimated | On-site Off-site *specify
materials volume *specify proposed | ‘specify contractor and
(m*) re-use of on-site | contractor and | landfill site or
recycling recycling outlet other disposal
methods site
Excavation
material

 

Green waste

 

Bricks

 

Concrete

 

Timber-please
specify

 

Plasterboard

 

Metals - please
specify

 

Asbestos

 

Other - please
specify

 

 

 

 

 

 

Note * if a demolition contractor is undertaking works, then the Waste Management
table is to be completed by the demolition contractor.

 

 

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.

 

Acoustic Amenity

101.

Noise emission from mechanical equipment (air conditioners, refrigeration equipment
or pool pumps etc) shall comply with the following requirements:

The equipment shall be installed and located in a manner that prevents excessive
noise in accordance with Council’s Local Law No. 12 - Control of Nuisances.
Infringement Notices (on-the-spot fines) may apply for offences.

 

Page 17

402.

103.

Noise emission from mechanical equipment shall comply with the following
requirements:

Air-conditioning and Refrigeration
* 7am to 10pm: Maximum background + 5dB(A)
e¢ 10pm to 7am: Maximum background + 3dB(A)
Pumps
* 7am to 7pm: Maximum background + 5dB(A)
¢ 7pm to 10pm: Maximum background + 3dB(A)
¢ 10pm to 7am: No audible noise.

Written certification from a suitably qualified person shall be submitted confirming that
the noise levels from all mechanical equipment comply with the levels detailed above
when measured at either the residential boundary or outside the most exposed part of
an affected building, whichever is the closest to the equipment.

The certification is required immediately after installation of the equipment and prior to
any occupation of the building, and in a format approved by Council. This assessment
must take into account noise from any other fixed equipment on the property e.g.
swimming pool pump, heating/cooling equipment, etc that may increase the overall
noise level emitted.

Kitchen Exhaust

404. Any commercial kitchen exhaust points must be located and operated in accordance
with AS1668.2 “The use of ventilation and air conditioning in buildings — Ventilation
design for indoor air contaminant control”, Section 5 — Mechanical Ventilation —
Exhaust Systems, 5.10 Air Discharges.

Trade Waste

105. The drainage system from all business that are likely to discharge trade waste must

comply with Council's Trade Waste Policy and Sunshine Water's guidelines for
accepting trade waste into the sewer. All appropriate trade waste permit and/or
agreements must be applied for and issued prior to the discharge of any trade waste to
the sewer.

THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT
FORM CONDITIONS OF APPROVAL

1.

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 / Existing Quantity Approved Use Class / Approved Quantity
Use Use
Detached House 1 , (Caretakers | Commercial Business | 4 99,,2
residence) Type 1 - Office
Visitor 76 Retail Business Type 2 387m?
Accommodation Type (consisting of 8 — Shop Saion
2 ;
Caravan Park Cabins, 46 Powered | Entertainment & Dining
Sites 22 Unpowered | Business Type 1 — | 306m”
Sites) Food and Beverage
Visitor Accommodation | 68
— Type 4 Conventional

 

(Single Hostel Bed for
tourist of overnight

 

Page 18

 

accommodation)

 

Visitor Accommodation
— Type 4 Conventional | 32
(1 bedroom unit)

 

Visitor Accommodation
— Type 4 Conventional | 41
{2 bedroom unit)

 

 

 

 

 

21
Visitor Accommodation
— Type 4 Conventional vege 2
3 bedroom unit ers
( ) Residence)

 

 

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 $350,055.00
and is subject to variations in the Consumer Price Index, All Groups Brisbane
from September 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 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.

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.

Where any food premises is included in a development, the following is
required:

5.1. 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.

5.2. A statement indicating the purpose of the food premises, type of food
sold, proposed menu and maximum number of patrons at any time, is to
accompany the application for plan approval.

5.3. Construction and use of the food premises should comply with Council's
Food Premises Policy and the Food Safety Standards. (Both available
from Council)

5.4. Toilets for customers and staff to be provided in accordance with
Building Code of Australia. Obtain advice from a building certifier on
numbers and standards, including disable access.

5.5. Plans and approval is required for any mechanical exhaust ventilation
system, which should comply with AS1668. A certificate from the
installer certifying the system complies with the Standard must be
obtained and lodged with Council prior to commencement of trade.

5.6. 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.

Noise from building works associated with commercial and or industrial
development should comply with the following —

6.1. Limited to between 7:00am to 6:30pm Monday to Saturday.

Page 19

6.2. All reasonable measures are taken to minimise noise emissions.
6.3. Not permitted on Sunday or public holidays.

In accordance with the Environmental Protection (Water) Policy 1997, all sand,
silt, mud, paint, cement, concrete, builder's waste or rubbish should not be
permitted to enter or be placed where it could reasonably be expected to move
into a roadside gutter, storm water drain or a watercourse. On the spot fines
apply for such offences.

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.

Page 20

 

 

 

 

COMPONENT (Refer to Noosa Plan | PROPOSAL
for definitions)
Site Area 23,1341m2

 

Site Cover (Refer to Noosa Plan
for definition)

Commercial Precinct = 1140m2 (4.93%)
Visitor Accommodation Precinct = 4064m2 (17.57%)
Total = 5204m2 (22.5)%

 

GFA, comprising:

Commercial Precinct = 1534m2
Visitor Accommodation Precinct = 7247m2
Total = 8781m2

 

Use Area

Commercial Precinct

- Office = 100m2

- Low Cost Budget Accommodation = 591m2
- Restaurant = 306m2

- Retail = 387m2

- Total = 1384m2

Visitor Accommodation Precinct = 6279.2m2
Total = 7663.2m2

 

No. of Dwellings

2 Buildings with 32 Shared Visitor Hostel Units (or 64
individual units)
30 Cabins (dwelling units)

 

Building Height
Commercial Precinct
Visitor Accommodation Precinct

2 storeys and 8m plus undercroft car park
3 storeys (2 storeys plus undercroft car park)

 

 

 

Car Parking

 

140 car spaces
8 motorcycle spaces
1 bus park

 

 

 

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All dimensions and areas are
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AMENDMENTS ‘

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Page 21

 

 

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AMENDMENTS

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CLIENT
SCANLON PROPERTY GROUP

 

PROJECT
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AMENDMENTS,

SS
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Page 23

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20517_A-43a

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Page 24

 

 

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Page 26

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AMENDMENTS
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Enquices Ranald Scott

Zelephone (07) 3224 Sot come :
fourreferencs Applic. Nos. MCU 2007/1259

Ourteference  BNBS6PO Vol 14 AMA 7551 Environmental Protection Agency

Incorporating tha

Queensland Parks and Wildlife Service

 
    
    

27 July 2007

Scanlon Property Group 07
C/. PMM Group Ply Ltd 74 ae 20
PO Box 1559 Vo SoS ott
FORTITUDE VALLBY QLD 4006 eo Same

Dear Sir/Madam

‘The Environmental Protection Agency, acting as a concurrence agency under the Integrated
Planning Act 1997 fox your application, advises that the correspondence indicated is attached:

Information request (C-1)

Notification of information request (C- 2)

Notification of receipt of applicant’s response to information request (C-3)
Extension of information request/assessment period (C-4) .
Request for applicant’s written agreement to extension of information
yequest/assessment period (C-5)

. Conourrence agency response cover sheet (C-6) . ’
Concurrence agency response about environmentally relevant aotivities (C6 BRA)
Concurrence agency -response about contaminated land (C-6 CLM)

Request for applicant's written acceptance of concurrence agency xesporise after
assessinent period expires (C-7)

Amended concurrence agency response about environmentally relevant activities

(C-7 BRA). |

Amended concurrence agency response about contaminated land (C-7 CLM)
‘Notification of decision in relation to a request to change or cancel a condition (C-8)
Notification of proposal to change or cancel a condition (C-9)

Notification of decision in relation to a proposal to charige or cancel-a ‘condition (C-10)

Application information:
Concurrence agency office: Contaminated Land

Responsible officer: - Ranald Seott

Pege | of 2 46" Floor, 388 Edward Stront, Brisbane

Queensland 4000 Australia
GPO Box 2771 Brisbane
Queenstand 400% Australla
‘Telephone: (07) 3224 S644
Facstmiles (07) 3247 3278
Website: vawveny.qid.gov.au
of 100% cecyeled poper . ABN 87 221 158 786

 

Page 33

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me

Postal address; - PO Box 2771, BRISBANE QLD 4001

Telephone; 3224 5644 ” Kax: 3247 3278 E-mail: [email protected]

EPA no.! AMA 7550
Application no.: ” 2007/1259
Property Description: Lotno:8 - Registered Plan no.: RP9315

-Lotno: 9 —_ Registered Plan. no.: RE9315
Lotno.: 10° Registered Plan no.: RP9315
Lotno: 76 Registered Plan no.: MCH2969

Property Location: 215, 215A, 217 & 219 David Low Way, PEREGIAN BEACH

 

Operations Manager
Waste & Contaminated Land Unit

Co:

The Chief Exeoutive Officer
Noosa Council

PO Box 141°

TEWANTIN QLD 4565

‘Attention: Kerri Coyle

IDAS covering letter (concurrence agency)

Page 2 of 2

 

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‘

Page 34

 

eS , ~  s IDAS C-6-

Concurrence ageney response
integrated Planning Act 1997 53.3.16 and 3.3.18

   
 

  
    
      
 

Applicant: Scanlon Property Group
. C/- PMM Group Pty Lid A:
PO Box 1559
FORTITUDE VALLEY QLD 4006 . RECEIV ED
Application no. 2007/1259 - 4 AUG 2007
Date received by EPA: (7 July 2007 " NOOSA
Jurisdiction: Environmental Protection Act 1994. “\, Seid GQUNGHL
Role: . Concurrence ;
Description: Material Change of Use

215, 215A, 217 & 219 David Low Way; PEREGIAN

Lotino.;8 ‘Registered Plan no.: RP9315
Lot no. 9 Registered Plan no.: RP9315
Lotno.: 10 Registered Plan no: KP9315
Lotno.: 76 Registered Plan no.: MCH2969

1 Type of development
Material change of use Lo
“oO Recorifiguration of a Lot : '

where; .

0 the existing use of the land is, or if the land is vacant land with no existing use the most
recent use of the land was, for a notifiable activity under the Environmental Protection Act
1994, ° , : , ‘

a the proposed use of the Jand is for child care, educational, recreational, residential or

similar-purposes and the existing use of the land is, or if the land is vacant land with no

=

existing use the most recent use of the land was, for an industrial activity,

Oo the land is on the Environmental Management Register or Contaminated Land Register
under the Zaviroumental Protection Act 1994.

oO the land is wholly or partly within an area for which an Area Management Advice for -
industriat activity or natural mineralisation has been issued and the proposed use of the-
land is for child care, educational, recreational, residential or similar purposes.

the land is wholly or’partly in an area-for which an Area Management Advice for
unexploded ordnance (UXO) has been issued, .

2 Response to development application
The Environmental Protection Agency (BPA), acting as a concurrence agency under the Integrated
Planning Act 1997, provides the following response 6 the application detailed above -
conditions must attdch to any approval of the development
"any approval must be for part only of the development
any approval must be a preliminary approval only
there are no concurrence agency requirements -
the application must be refused

OOCOOR

3 Reasons for including condition(s) or refusal . .
The site (the subject lot/s) is part of an area of land within which the Department of Defence’:
ox efence) has assessed a ‘substantial’ risk of residual UXO contamination exists, Visit the Defence

ve http: www.defence.gov.aufuxo for details.

   
  

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) VER2
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Page 35

 

 

IDAS C-6

Defence advises that development or land use rezoning proposals for land within a ‘substantial? zone
should only proceed following the conduct of UXO investigation and clearance activities. Defence
maintains a list of commercial UXO investigation and remedial search contractors that it accredits to
catry out this work,

Defence also recommends that ownérs or occupiers of potentially affected land and workers and
contractors employed on the land need to be aware of the procedure ifa suspect object is found.

As the EPA has no record of the site being further investigated or remediated, itis considered that
there remains a possibility o of UXO being found on it. .

4 , Conditions

The following concurrence agency conditions are to be attached to any approval:

41 Prior to the commencement of any excavation, earthworks or soil disturbance related to this
development, that part of the site to be so worked is to be subjected to investigation and,
where necessary, appropriate remedial action.

4.2 Any pérson employed to work on any part of the site where Condition 4.1 has not been
satisfied is to be forewarned in writing by the applicant,

This warning is to explain that information available to the BPA indicates a potential for
residual UXO oxists on the.site and work should proceed with due oaution. It is to state the
procedure to be followed by any person finding an abject suspected of being explosive
ordnance or component thereof

Do not disturb the object,

Take action, where appropriate, to prevent it being disturbed by another person.
Note its approximate dimensions and general appearance,

Note the route to its location.

Advise the Police as soon as possible.

eoce?%oe%°o

4.3 — Following investigation and any remedial action taken to satisfy Condition 4,1 above, the
applicant is to submit a report, prepared in accordance with current guidelines, to the EPA for
assessment. The EPA is to subsequently advise the Noosa Council and the applicant of its
assessment in regard to Condition 4,1 being satisfied.

44 No gravel, rock, sand or soil j is to be removed from thie site without written EPA approval.

45 The applicant is to advise the owner and any occupier of the site of the above responsibilities. -

5 Additional comments or advice

. Applicants may contact the EPA’s Contaminated Land Unit on (07) 3224 5644 or visit the Defence

website hitp//www.defonce.gov.au/uxo/ for the details of current UXO investigation and remedial
seatch contractors. The BPA accepts reports based on investigative and remedial work carried out
by these contractors.

Investigation and remedial action ta satisfy Condition 4.1 typically involves sampling/search
programs with detection equipment unless the use of such equipment is:
a

VER 2

Page 36

 

IDAS.C-6

e considered unwarranted by a UXO contractor due to the extent of any prior excavation or ”
earthworks or, conversely, of any filling proposed as part of the development program; or

¢ prevented or made impracticable by the presence of a structure, stockpile, natural barrier or
mefal waste.

In the latter case, alternative action may be appropriate to minimise the risk in the first instance, For
example, where the risk of exposure to any UXO that may exist is reduced by the presence ofa
structure or natural barrier, issuance of the standard UXO waming (see Condition 4.2) may suffice
while the structure, stockpile or barrier remains in place, Where a stricture is to be removed or
reduced as part of the development prograin, protective precautions, commensurate with any greater
risk to which workers might then be exposed, may need to be considered. Progressive assessment
will be necessary where such circumstances exist. Unless, at the completion of preliminary works,
there is evidence then available to the UXO contractor that any residual xisk is negligible, the use of
detection equipment will typically be required to confirm the site’s status,

Where investigation, along with any subsequent remedial action and assessmeni, is to be
implemented by stages to satisfy Condition 4.1 and 4,3, a preliminary investigation report should be
submitted by the applicant to the EPA along with a management plan for the proposed work. Staged
investigation/remediation is most likely to be applicable where development of smaller, built-on lots
.(which oan present ciroumstances such as those discussed above) or broadheotare sites is proposed. In
such cases, the EPA’s assessment of the report and advice to Council in regard to approval ofthe
development will be dependent on agreement with the management plan. .

Where Condition 4.1 is to be satisfied by a wholo lot or broadhectare development stage being
subjected to investigation and any necessary remedial action, the BRA, based on the subsequent
investigation/remediation report’s findings and reéommendation/s, may reassess the lot, or that portion

comprising the development stage, as being remediated dr not needing remediation, and advise the
applicant and Council accordingly. Otherwise, any balance of land that has not been further
investigated will retain the risk assessment made by Defence. This is unless evidence obtained from
tho investigated pari/s can be used to refute Defenco’s assessment in regard to all or part of the
balance. In the latter case, the EPA may reassess all of the balance or the applicable partis as being
unaffected by UXO,

6 Additional information

This concurrence response applies only to contaminated land issues and does not remove the need to
obtain any further approval for this development which may be required by this or other legislation, ,
State and/or Commonwealth, Applicants are advised to check with all relevant statutory authorities,
Applicants should also comply with all relevant legislation.

The EPA has not provided a notification to native title parties for this application, The State’s
Native Title Work Procedures indicate that the responsibility for assessment of native title issues for
at IDAS application rests with the Assessment Manager. It is recommended that the Assessment
Manager determines whether native title notification is required for this application.

*End of response*

WAS C-6 CLM

VER 2