TPC 2559 Original Approval

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Town Planning Consent Permit - TPC 2559 Page 2

a. External architectural features of blinds and lightweight sunhoods over the
windows are to be provided, generally in accordance with the approved
plans.

b. The highest section of the roof is to be reduced by 1 metre in height.
3h, One shop only has been approved.

4. Provision of at least 4 off-street covered car parking spaces, and access thereto
which are to be provided with a sealed pavement and designed, drained,
constructed and maintained in accordance with the 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. A Building Approval shall
not be granted until the Shire Engineer has approved of the carparking and access
scheme.

2 Payment to Council of $60,000 in lieu of 6 off-street car parking spaces, prior to
issue of Building Approval. The developer may elect to reduce the size of the shop
and the required carparking contributions will be reduced at the rate of $10,000 per
20m? of total use area.

6. 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.

Rs 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 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 landscape plan, prior to the premises being occupied and maintained at
all times thereafter to the reasonable satisfaction of the Shire Planner.

The submitted landscape plan by Neil Thyer, Landscape Architect, dated June,
1993 and numbered AHSNSK2B is not approved. An amended plan is to be
submitted with the following alterations:-

a. An additional garden area to be indicated between the Hastings Street
frontage and the shop, preferably adjacent to the driveway.

b. Existing Cocos palms on the site are not to be retained.

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Town Planning Consent Permit - TPC 2559 Page 3

10.

11,

12:

13%

c. Aminimum 1 metre setback to any fencing to be installed along the northern
frontage.

d. Amore detailed identification of species to be planted on the site, together
with a schedule of planting which indicates the size to be installed.

e. Landscaping to be undertaken between the Council boardwalk in the Parade
and the northern boundary of the site.

f. Additional landscaping of the Hastings Street footpath in keeping with recent
upgrading works elsewhere in the street.

Construction work and other associated activities are permitted only during the
hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on
public holidays, except where extended hours are approved by the Building
Surveyor.

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

The footpath across the Hastings Street frontage of the site is to be fully paved and
landscaped from the kerb and channel to the property alignment and landscaped in
accordance with condition 7 above, to the satisfaction of the Shire Engineer.

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

Connection to Council’s existing water supply and sewerage reticulation systems
at the developer’s expense to the standards and requirements of the Shire Engineer.

The developer is to satisfy Council that the sewer line at the rear of the property
can be abandoned. If this is not the case, the developer shall be responsible for the
relocation of the sewer line to the satisfaction of the Shire Engineer.

The developer shall provide a metered water connection from the water supply
system to the proposed development, in accordance with Council’s standards and
to the satisfaction of the Shire Engineer.

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La

Town Planning Consent Permit - TPC 2559 Page 4

14.

15,

16.

Ay.

18.

19,

Roof and surface water is to be collected on site and is to be discharged through
a single underground drain line into existing drainage in Hastings Street to the
satisfaction of the Shire Engineer. A Building Approval shall not be granted until
the Shire Engineer has approved of the drainage scheme.

In the event that the shop is used a food premises, the following conditions shall
apply:-

a. Submission of two sets of professionally drawn scale plans in compliance
with Council’s Code controlling food establishments for approval by
Council’s Environmental Health Officer, for any food premises proposed to
be included in the development. Approval is to be obtained prior to fitting
out the building.

b. An annual licence is to be obtained under the Food Hygiene Regulations of
1976 from Council’s Health Department.

c. Provision of separate toilet facilities for patrons, in addition to staff toilet
facilities, in accordance with Council’s Policy of 16th October, 1985.

d. Any outdoor dining on the site is permitted to a maximum of 10 seats only.

Provision of an imperviously paved and drained area to accommodate all refuse
containers to the reasonable satisfaction of Council’s Environmental Health
Officer. 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 are 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 licensed annually
with Council’s Health Department in accordance with the provisions of Chapter
43 of Council’s By-Laws prior to such letting.

The footpath and setback areas are to be kept clear of goods, signs and street
furniture not approved by Council.

Approval is to be obtained from the Beach Protection Authority for buildings or
other structures proposed to be located within the Coastal Management Control
District.

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Town Planning Consent Permit - TPC 2559 Page 5

20.

21.

22;

23.

Submission of a cash bond or trading bank guarantee to the sum of $20,000 to
secure performance of conditions, prior to the issue of Building Approval. The
cash bond or trading bank guarantee will be returned upon performance of the
conditions of approval.

The provisions of this approval are to be effected, prior to the commencement of
the approved use. Council reserves the right to call upon the bond or guaranteed
sum referred to in this approval for the purposes of litigation should the use not be
conducted in accordance with this approval.

The Town Planning Consent Permit may be revoked pursuant to Section 4.14 of
the Local Government (Planning and Environment) Act if commencement of
erection or works have not been made in accordance with that Permit or the rights
conferred by that Permit are not exercised within two (2) years of the date of issue
of the Permit.

The Town Planning Consent Permit lapses where:-

a. the use or erection of a building or other structure associated with the use,
has not been commenced within four (4) years of the date of issue of the
Town Planning Consent Permit, unless application is made and approved by
Council for an extension; or

b. the use of any premises pursuant to the Town Planning Consent Permit
ceases for a period of twelve (12) months.

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Noosa Council documents




                                                                         Raul Weychardt (495.266)
                                                                                         TPC 2559

                          15 July 1994


                          NATMIND PTY LTD
                          Cl- NOOSA TOWN PLANNING PTY LTD
                          PO BOX 334
                          TEWANTIN QLD 4565

                          Dear Sir/Madam,

                          Re:      Application for modification to conditions of approval for TPC 2559 (Natmind
                                   Pty Ltd) regarding a minimum fencing setback requirement for a multiple
                                   dwelling of three units and shop at 35 Hastings Street, Noosa Heads described
                                   as Lot 10 on RP 46352.

                          With reference to the above application, Council at its meeting held on the 14th July
                          1994, resolved to approve the proposal. Condition 7c has been amended to read as
                          follows:-

                          7c.      A minimum average setback of one metre shall be provided to any fencing to be
                                   installed along the northern frontage. Plan B submitted under covering letter of
                                   13th June 1994, by Noosa Town Planning Pty Ltd, conforms with this condition.

                          Please find attached, extracts from the Local Government (Planning and Environment)
                          Act outlining rights of review against Council's decision.

                          An amended Town Planning Consent Permit will be issued following either:-

                          1.       The expiry of the review period and no review is instituted; or

                          2.       Written notification is given to Council that the applicant "accepts the decision
                                   of Council without dispute and will not exercise any right of review to the Court
                                   in respect of the decision".

                          Should you wish to obtain more information, the reports, staff and Committee
                          recommendations and Council Minutes regarding this application are available for
                          viewing or purchase at the Level 3 counter of Council offices. It would assist Council
                          staff if you could bring this letter with you.

                                                                                 Yours faithfully,



                                                                                 Raul Weychardt
                                                                                 Shire Planner
Document Set ID: 20940676
Version: 1, Version Date: 29/07/2019                                                                 Print Date: 13 October 2021, 8:35 AM