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Attachment 4 - Existing Approval
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ATTACHMENT 4 EXISTING APPROVAL – COPY OF
TPC 2559
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ATTACHMENT 4 EXISTING APPROVAL - COPY OF
TPC 2559
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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
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Noosa Council documents Document Set ID: 20940672 Version: 1, Version Date: 29/07/2019 Print Date: 13 October 2021, 8:35 AM
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Noosa Council documents Document Set ID: 20940672 Version: 1, Version Date: 29/07/2019 Print Date: 13 October 2021, 8:35 AM
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Noosa Council documents Document Set ID: 20940672 Version: 1, Version Date: 29/07/2019 Print Date: 13 October 2021, 8:35 AM
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Noosa Council documents Document Set ID: 20940672 Version: 1, Version Date: 29/07/2019 Print Date: 13 October 2021, 8:35 AM
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Noosa Council documents Document Set ID: 20940672 Version: 1, Version Date: 29/07/2019 Print Date: 13 October 2021, 8:35 AM
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(i aa NOOSA TOWN PLANNING CONSENT PERMIT NO. DATE OF ISSUE LAND NOOSA COUNCIL Pelican Street Tewantin PO Box 141 Tewantin Q 4565 Phone (074) 495200 Fax (074) 47 1062 DX 41952 Address all communications to The Shire Clerk. If telephoning or calling, please ask for: Raul. Wevehandt (074 495266) Your Ref.: TPC 2559 23 September 1993 35 Hastings Street, Noosa Heads described as Lot 10 on RP 46352, Parish of Weyba AREA OF LAND 674 m? USE OF LAND AT THE TIME OF APPLICATION Vacant USE APPROVED IN THIS PERMIT Multiple dwelling of 3 units and a shop CONDITIONS: i’, Submission to and approval by Council of building plans in accordance with the Building Act, Council’s By-laws and Policies, the conditions of this approval and substantially in accordance with plans drawn by John Dimitriou Architects dated 23rd June, 1993 numbered 185192-30 to 33 and the Shire of Noosa Planning Scheme apart from where amendments are required or dispensations have been granted in conjunction with this approval. 2; The plans submitted for Building Approval are to comply with the following requirements:-
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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.