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Beach Road Retreats Stage 1 Conditions
Attached to the e-mail 132007.742.05 Request to Extend Relevant Period (Stage 1).
: Sunshine Coast Regional Council ABN 37 876 973 913 Su nshine Coast Locked B: 2 Sunshine Coast Mail Centre Qld 4560 Cou ncl | T O07 5475 7272 «=F 07 5475 7277 [email protected] www.sunshinecoast.qid.gov.au Officer: Glen Conforti Direct Telephone: 07) 5449 5179 Fax: (07) 5475 7277 Response Address: Locked Bag 72, SCMC 4560 Our Reference: GC007:TS: 132007.742.04 Your Reference: NA 20 January 2012 Wolter Consulting Group PO Box 436 NEW FARM QLD 4005 Dear Sir/Madam Change to an Existing Approval Sustainable Planning Act 2009 | refer to your request dated [Insert Date of Request] to make a permissible change to an existing approval granted on 13 December 2007. On 19 January 2012, Council decided your requested changes. Details of the decision are as follows: [1 APPLICATION DETAILS Application No: 132007.742.04 Street Address: 168 Maximillian Rd NOOSA NORTH SHORE QLD 4565 Real Property Description: Lot 7 RP 844337 Planning Scheme: The Noosa Plan (8 August 2011) | 2 DECISION DETAILS | Council on 13 December 2007 decided to issue the following type of approval: . Development Permit for Material Change of Use - Visitor Accommodation Type 4 (Stage 1 Beach Rd Retreats) In relation to the request to make a change to the existing approval, Council on 15 September 2010 decided to: A. Approve a change to Condition 7. B. Issue a Change to an Existing Approval. In relation to the request to extend the relevant period, Council on 19 January 2012 decided to: A. Approve a change to Condition 24. PD-DA-FM383/5-09/08/2010 Page 1 of 19 Caloundra office 1 Omrah Avenue Caloundra Qld 4551 | Maroochydore office 11-13 Ocean Street Maroochydore Qld 4558 Nambour office Cnr Currie and Bury Streets Nambour Qld 4560 | Tewantin office 9 Pelican Street Tewantin Qld 4565
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132007.742.04 | 3 RELEVANT PERIOD OF APPROVAL | The relevant period for this development approval is identified in the Assessment Manager conditions. |4 CONSOLIDATED ASSESSMENT MANAGER CONDITIONS | Land Use 1. Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are:- 14. 1.2. 1.3, 14. 1.5. 1.6. 1.7. 1.8. 1.9. Vegetation Management Plan 01 50645 Dwg 1 Issue SK, Vegetation Management Plan 02 50645 Dwg 2 Issue SK and Vegetation Management Plan 03 50645 Dwg 3 Issue SK dated April 2007 prepared by Terrain Consultants; Arborist Report of Significant Trees Rev B dated October 2007 prepared by Terrain Consultants; Site Plan SD01 Rev 3 dated 21 September 2007, Rendered Site Plan SD02 Rev 2 dated 6 November 2007 and Construction Access Zone Plan SD03 Rev 5 dated 16 October 2007 prepared by Gall & Medek; Shared Facilities Plan SD10 Rev C dated 10 October 2007, Gym/Multi Purpose Floor Plan SD11 Rev 2 dated 6 November 2007 and Gym/Multi Purpose North Elevation/Section $D12 Rev 2 dated 6 November 2007, Shared Facilities SD13 Rev 1 dated 18 April 2007 prepared by Gall & Medek; Retreat Type A - Floor Plan SD20 Rev 1, Roof Plan SD21 Rev 1, Side Elevation SD22 Rev 1, End (Entry) Elevation SD23 Rev 1 dated 18 April 2007 prepared by Gall & Medek; Retreat Type B - Floor Plan SD24 Rev 1, Roof Plan SD25 Rev 1, Side Elevation SD26 Rev 1, Section SD27 Rev 1 dated 18 April 2007 prepared by Gall & Medek; Retreat Type C - Floor Plan SD28 Rev 1, Roof Plan SD29 Rev 1, End Elevation SD30 Rev 1, Side Elevation SD31 Rev 1 dated 18 April 2007 prepared by Gall & Medek; Retreat Type D - Floor Plan SD32 Rev 1, Roof Plan SD33 Rev 1, Side Elevation SD34 Rev 1 dated 18 April 2007 prepared by Gall & Medek; Retreat Type E - Floor Plan SD35 Rev 2, Roof Plan SD36 Rev 2, Side Elevation SD37 Rev 2 and End Elevation SD38 Rev 2 dated 18 April 2007 prepared by Gall & Medek; and as may be amended by these conditions and notations on the approved plans. 2. The future car parking areas identified on the approved plans are not subject to this approval. 3. All vegetation shall be retained, and the landscape rehabilitated and restored in accordance with approved Conservation Precinct and Ecological Restoration Technical Reports pursuant to the Noosa North Shore Eco-Tourism Portal Development Code, and include at a minimum:- PD-DA-FM383/5-09/08/2010 Page 2 of 19
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132007.742.04 3.1. The retention of significant trees and the rehabilitation and restoration of the landscape within the Construction Access Zone as identified by the Arborist Report of Significant Trees Rev B dated October 2007 prepared by Terrain Consultants and shown on Vegetation Management Plan 01 50645 Dwg 1 Issue SK, Vegetation Management Plan 02 50645 Dwg 2 Issue SK and Vegetation Management Plan 03 50645 Dwg 3 Issue SK dated April 2007 prepared by Terrain Consultants. Particular emphasis should be placed on the rehabilitation and restoration of the landscape between Guest Lodges No. 2-6 located adjacent to the Ancillary Facilities due to lack of vegetation in this location; 3.2. The retention of all vegetation and the rehabilitation and restoration of the landscape outside of the Construction Access Zone as shown on Construction Access Zone Plan SD03 Rev 5 dated 16 October 2007 prepared by Gall & Medek; and 3.3. The retention of all vegetation and the rehabilitation and restoration of the landscape within the 20 metre Landscape Buffer Zones and 20 metre Fire Buffer Zones within the site in accordance with the Structure Plan of the Noosa North Shore Eco Tourism Portal Development Code, excluding any vegetation permitted for removal in accordance with Condition 4.2. Details of vegetation to be retained and the landscape rehabilitation and restoration works shall be detailed in an application for Operational Works — Landscaping (Rehabilitation and Restoration). Clearing of vegetation shall be in accordance with an Environmental Management Plan and Fire Management Technical Report pursuant to the Noosa North Shore Eco- Tourism Portal Development Code and may include:- 4.1. the clearing of vegetation other than significant trees within the Construction Access Zones as identified by the Construction Access Zone Plan SD03 Rev 5 dated 16 October 2007 prepared by Gall & Medek; 4.2. the clearing of significant trees as identified by the Vegetation Management Plan 03 50645 Dwg 3 Issue SK dated April 2007 prepared by Terrain Consultants; and 4.3. the clearing of understorey vegetation, selective clearing of dead trees and a 5m wide cleared fire trail, with passing bays in the Fire Buffer Zone as identified on the Vegetation Management Plan 01 50645 Dwg 1 Issue SK and Vegetation Management Plan 02 50645 Dwg 2 Issue SK dated April 2007, prepared by Terrain Consultants and Fire Management Technical Report. Prior to the commencement of any works, access exclusion fences or similar protective measures shall be erected around the perimeter of the Construction Access Zones as identified on the Construction Access Zone Plan SD03 Rev 5 dated 16 October 2007 prepared by Gall & Madek and Conservation Precinct in accordance with the Structure Plan of the Noosa North Shore Eco Tourism Portal Development Code. Guest Lodges shall not be fully self-contained in accordance with the use definition under the Noosa North Shore Eco-Tourism Portal Development Code. The Guest Lodges shall be for short term visitor accommodation only, with no person permitted to occupy the Guest Lodges for the purposes of permanent accommodation in accordance with the Noosa North Eco-Tourism Portal Development Code. The Community Management Statement shall include provisions making specific reference to this approval and in particular the permitted use of the Guest Lodges; and the measures contained in approved Technical Reports and Environmental Management Plan that manage the potential threat of bushfire; maintain sewer and water infrastructure; and ensure the protection of the environmental values of the site. PD-DA-FM383/5-09/08/2010 Page 3 of 19
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132007.742.04 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. A verification survey of Guest Lodges and Ancillary Facilities 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 of one storey and 6 metres above natural and finished ground levels (Guest Lodges) and one storey and 8 metres, provided that roof pitches or curves may extend to 9 metres above natural and finished ground level for Ancillary Facilities. Advertising signage shall be designed and sited in accordance with the Noosa North Shore Eco-Tourism Portal Development Code. Plans of the proposed advertising signage shall be submitted-with an application for Operational Works. Plantation timbers shall be used in all buildings in accordance with Overall Outcome OO8b), with all external colours to be muted earth tones drawn from the natural setting of the site pursuant to Overall Outcome OO5c) of the Noosa North Shore Eco-Tourism Portal Development Code. All Guest Lodges and Ancillary Facilities shall incorporate water sensitive design including consistency with AS1547:2000 Appendix 4.2D and Overall Outcome 008c) of the Noosa North Shore Eco-Tourism Portal Development Code. Renewable resources and low energy consumption principles shall provide a minimum of 50% of the 21 Guest Lodges, power, cooking and heating needs in accordance with Overall Outcome OO8d) of the Noosa North Shore Eco-Tourism Portal Development Code. All open windows of the 21 Guest Lodges shall be screened to reduce the impact of biting insects in accordance with Overall Outcome OO8f) of the Noosa North Shore Eco- Tourism Portal Development Code. A minimum of one Guest Lodge shall have full wheelchair access in accordance with Overall Outcome OO9b) of the Noosa North Shore Eco-Tourism Portal Development Code. A minimum of one covered parking space shall be provided for each Guest Lodge in accordance with Overall Outcome O012a)ii) of the Noosa North Shore Eco-Tourism Portal Development Code. A network of pedestrian and bikeways shall be provided in accordance with Overall Outcome O013a) of the Noosa North Shore Eco-Tourism Portal Development Code. A plan of this network shall be submitted for assessment with an application for Operational Works. A minimum of 20 bicycles shall be made available for development in the West Development Zone in accordance with Overall Outcome O013b) of the Noosa North Shore Eco-Tourism Portal Development Code. Shower facilities shall be made available within the Ancillary Facilities in the West Development Zone in accordance with Overall Outcome O013c) of the Noosa North Shore Eco-Tourism Portal Development Code. A fully accessible shuttle facility operating as a free service available to the general public and servicing the development on Lot 2 RP 135678 and the Eco-cabins, Village Green Recreation Centre in the East Development Zone and Guest Lodges and Ancillary Facilities in the West Development Zone shall be provided in accordance with Overall Outcome O013d) of the Noosa North Shore Eco-Tourism Portal Development Code. A timetable for the shuttle bus servicing the West Development Zone shall be provided with the application for Operational Works. Apart from emergency or service vehicles, there shall be no access to the Conservation Precinct from the West Development, pursuant to the Noosa North Shore Eco-Tourism Portal Development Code. PD-DA-FM383/5-09/08/2010 Page 4 of 19
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132007.742.04 22. 23. 24. 25. 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. Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 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. The Development Permit for a Material Change of Use of premises lapses if the use has not happened by 13 December 2015, unless an application to extend the currency is approved by Council. 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. Land Development Vehicle Access 26. 27. 28. 29. 30. 31. 32. A vehicular access driveway to serve the development shall be constructed from the Beach Road frontage of the site with a maximum width of 6.0m. Vehicle access to the development shall be undertaken in accordance with the Specific Outcome SO2 of the Noosa North Shore Eco-Tourism Portal Development Code with plans demonstrating this to be submitted to Council as part of any application for Operational Works approval. 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, Council will require that the driveway be removed and reconstructed to levels that do comply. 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. 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 AS2890.1, 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. The internal access road and other lesser driveways shall be designed and constructed to alignments that protect existing vegetation where practicable and with suitable minimum widths and passing opportunities where necessary. The alignment and widths of the internal access road and lesser driveways shall be clearly shown on plans submitted for Operational Works approval. Should any clearing be required for the construction of the internal driveways the trees to be removed shall be clearly marked on site and a joint inspection undertaken with Council Officer prior to the commencement of any clearing works. All vehicles shall enter and leave the site in a forward direction. Car Parking 33. Carparking shall be provided within the site generally as shown on drawing number SD01 Rev 3 dated 21 September 2007 by Gall & Medek, except as modified herein. PD-DA-FM383/5-09/08/2010 Page 5 of 19
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132007.742.04 34. 35. 36. 37. A minimum of 21 covered carpark spaces shall be provided on site, including one clearly defined disabled carpark space. The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1- 2004 for user class 1A 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. Turning areas shall be provided within the internal driveways or adjacent to the “retreat” buildings to enable vehicles to exit the “retreat” buildings in a forward gear. The extent of the turning area shall be clearly shown on any plans submitted for Operational Works approval. All carparking shall be kept, maintained and line-marked in a condition fit for use. Stormwater Management 38. The applicant shall use permeable surfaces for low turnover parking areas, low use access ways and shall investigate the possibility of reducing impermeable surfaces throughout the Stage in accordance with OO171b). 39. Detailed drawings shall be submitted with the Operational Works Application demonstrating that the access ways, driveways and parking surfaces are designed to maintain existing drainage patterns and avoid concentrating stormwater flows. Easement 40. A registered easement for access in favour of Council shall be created over those sections of public pathway that stand within the subject site. The easement shall be centrally located over the pathway with a minimum width of 2.5m. The terms of the easement shall include that it is the responsibility of the owners of the property to maintain the pathway in such a manner to ensure it is safe for public access. Sewer Infrastructure 41. The internal sewerage reticulation system, including pump stations shall be constructed to the Standards and Requirements as detailed in the Plumbing and Drainage Act 2002. 42. The internal sewerage reticulation system shall be designated as “private sewers” with all operations and maintenance requirements the responsibility of the property owner/body corporate. 43. Sewer house connection drains shall be located within the disturbance area for the driveway if practicable. 44. Occupation of the “retreat” buildings and/or any other building shall not commence until such time as the sewerage system is fully operational and connected to a permanent sewerage treatment facility and disposal area as approved by the EPA. Water Supply 45. Water supply infrastructure for the development shall be designed to ensure consistency with OO8c), 0015, Section 6.4 and Schedule F — 9.6.10 of the NNSETP Code. Roadworks Contributions (Local Road Network) 46. A roadworks contribution of $14,811 towards the upgrading of Moorindil Street shall be paid to the Council prior to the commencement of the use of Stage Two. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from September 2007 until the date of payment. The money will be used to assist Council with the cost of roundabout improvements along Moorindil Street. PD-DA-FM383/5-09/08/2010 Page 6 of 19
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132007.742.04 Erosion and Sediment Control 47. 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 required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works. Management Plans 48. 49. The applicant shall submit reports for the relevant stage in accordance with the Environmental Management Strategy as outlined in Section 6 of the NNSETP Code, unless previously approved by Council for all stages. These reports shall be submitted for approval in conjunction with Operational Works application for the relevant stage. A Construction Management Plan addressing all construction phases of the relevant stage shall be prepared by a suitably qualified person and submitted to Council for approval prior to obtaining a Development Permit for Operational Works. The plan should aim to address every foreseeable problem eg: movements of excavation and construction machinery, building material deliveries, stockpiling of materials etc that is likely to occur during the construction process of the relevant stage and include recommendations on how these can be overcome or minimised. General 50. 51. 52. 53. Digital detailed designs including drawings, calculations, etc 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. 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. 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. 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 shall be covered to prevent materials including dust being windblown from the vehicle. Environmental Health 54. 55. 56. Potable drinking water to all sinks, taps and showers is to meet the Australian Drinking Water Standards. Water must be treated to a potable standard and analysed by an approved lab for bacterial quality as directed by Noosa Council. The developer must provide waste storage and disposal facilities at this development in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A wash down are is required with a cold-water tap, hose and drain outlet connected to septic system or approved absorption trench. The drain outlet is to be designed to prevent stormwater entry to the absorption trench. PD-DA-FM383/5-09/08/2010 Page 7 of 19
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132007.742.04 57. Refuse containers must be provided for premises and the recreation/BBQ area in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse. 58. The development must allow refuse-loading areas to be located off street. All vehicles associated with the collection of waste/recyclables, shall enter and leave the site in a forward direction. 59. A Waste Management Plan (Operational) in accordance with the Noosa North Shore Eco-Tourism Portal Development, must be submitted for the day-to-day operations and approved by Council’s Environmental Health Section prior to issue of development permit for operational works. 60. A Waste Management Plan (Demolition/Construction) in accordance with the Noosa North Shore Eco-Tourism Portal Development Code, shall be submitted for the demolition and construction phases of the development and approved by Council’s Environmental Health Section prior to the issue of the development permit for operational works. 61. 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. A person must not use equipment on any day if it makes or causes noise to be made — From 10pm to 7am: More than the lower of either — e 40 dB(A) e 3 dB(A) above the background noise level ¢ No audible noise for pool pumps apply during these hours. From 7am to 7pm: More than the lower of either — e 50 dB(A) e 5 dB(A) above the background noise level From 7pm to 10pm: More than 3 dB(A) above the background noise level. 62. Noise from building works associated with residential development shall comply with the following — 62.1. Limited to between 7:00am to 6:30pm Monday to Saturday. 62.2. All reasonable measures are taken to minimise noise emissions. 62.3. Not permitted on Sunday or public holidays. | 5 REFERRAL AGENCY CONDITIONS | The referral agencies applicable to this application are: Referral Trigger Referral Status | Referral Agency Referral Address Vegetation Clearing ' Concurrence Department of orelbemass2 Environment and BRISBANE QLD 4001 Wetlands Advice Resource Management PD-DA-FM383/5-09/08/2010 Page 8 of 19
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132007.742.04 Copies of any referral agency responses are attached. |6 APPROVED PLANS/DOCUMENTS | The approved plans and / or documents for this development approval are listed in the Assessment Manager conditions | 7 PLANS/DOCUMENTS REQUIRING AMENDMENT | Not Applicable [8 ADVISORY NOTES | The following Advisory Notes are for information purposes only and do not form conditions of approval: 1. 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 potable water supply, recycled water, 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. Separate water supply and sewerage hydraulic drawings shall be submitted detailing all internal plumbing installations for water and sewer house drainage for approval, as part of the building application process, and in accordance with the Plumbing and Drainage Act 2002. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site. ‘ 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. Noosa Council recommends that the following matters be considered to address equitable access and facilities in the building:- PD-DA-FM383/5-09/08/2010 Page 9 of 19
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132007.742.04 a. The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS1428.2; b. Applicants should be aware that a “Disability Standard on Access to Premises is being developed and most likely will result in changes to the Building Code of Australia; c. Any services and facilities in the building complex must allow independent, dignified and equitable use of the services and facilities for all people. 5. This proposal has not been assessed in relation to the spread of fire between properties / buildings. It is the building certifiers responsibility to assess the requirements for fire services, fire separation and appropriate methods of construction as part of the building works approval process. Referral to the Queensland Fire and Rescue Service (QFRS) may be required as part of the Building Approval process. 6. Fencing to the swimming pool must comply with the Queensland Building Act 1975 Part 3 (as amended) and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from the dwelling to the pool enclosure is not permitted. 7. | The development should 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, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 — Control of Nuisances. 8. 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. Equitable Access and Facilities The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia — Part D3 as they relate to people with disabilities. Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia — Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work: (a) The Disability Discrimination Act 1992 (Commonwealth) (b) | Anti-Discrimination Act 1991 (Queensland) Sunshine Coast Regional Council recommends that the following matters be considered to address equitable access and facilities in the building: (a) The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2 (b) Applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia (c) Any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people. PD-DA-FM383/5-09/08/2010 Page 10 of 19
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132007.742.04 Aboriginal Cultural Heritage Act 2003 There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003. The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.” |t is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage. You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any obligations under the ACH Act. |9 PROPERTY NOTES | Not Applicable. | 10 PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME | Not Applicable | 11 FURTHER DEVELOPMENT PERMITS REQUIRED | Type of Development Permit Subject of the required Development Permit required Development Permit for Building All Building Work Development Permit for Operational Landscaping, access and/or carparking, site civil Works works, roadworks, stormwater drainage and erosion & sediment control | 12 SELF ASSESSABLE CODES | Not Applicable | 13 SUBMISSIONS | Not Applicable [14 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME | Not Applicable | 15 RIGHTS OF APPEAL | You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached. PD-DA-FM383/5-09/08/2010 Page 11 of 19
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132007.742.04 [416 OTHER DETAILS | If you wish to obtain more information about Council's decision, electronic copies of which are available on line at www.sunshinecoast.qld.gov.au, or at Council offices. Yours faithfully H+ tof GLEN CONFORTI TECHNICAL OFFICER PLANNING DECISION NOTICE HISTORY 07/0742 - Original Decision Notice. 13 December 2007 132007.742.03 - Changes to an Existing Approval 15 September 2010 132007.742.04 - Changes to an Existing Approval 19 January 2012 Encl. Approved Plans/Documents Appeal Right ce: DERM GPO Box 2454 BRISBANE QLD 4001 PD-DA-FM383/5-09/08/2010 Page 12 of 19
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Sunshine Coast Regional Council! ABN 37 876 973 913
Su nshine Coast Locked Bag 72 Sunshine Coast Mail Centre Qld 4560
C il T 07 5475 7272 =F 07 5475 7277 = [email protected]
OUNCI inec Cd 132007.742.04
www.sunshinecoast.qid.gov.au
Sunshine Coast _ Referral Agency Conditions
; i SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
Regional Council BE aATION CNOA
“hy
Queensland Government "
Natural Resources and Water i
4
4
Author: Shislene Friske
File / Ref number: 2007/005432:305754
Recfind No: GYV/000902
‘Trackjob No: ICOS07GYM0010
Unit: Vegetation Management Unit
Phone: 07 5480 5333
07 June 2007
Your Ref: C589
Dear Mr Crawford
Application for Material Change of Use on Lot 7 RP844337 - Noosa Shire Council
— Referral Agency Response
The Department of Natural Resources and Water (acting as a Concurrence Agency), has
completed the assessment of the above application against the Concurrence Agency Policy
for Material Change of Use.
A Referral Agency Response, prepared pursuant to section 3.3.16({1) of the Integrated
Planning Act 1997, is enclosed.
We further advise that Section 3.5.9 of the ioe Planning Act 1997 makes provision
for an applicant to give written notice to the Assessment Manager to stop the decision-
making period (for not more than 3 months) at any time before the decision is made to
enable representations to be made to a referral agency about the referral agency response.
Should you have any questions about the above, please contact Brett Johnson on telephone
number 07 5480 5333, quoting the above reference number.
Yours sincerely
Shirlene Friske
* Administration Officer
South East Region, MRW
PO Box 383
Gympie Qki 4570
Telephone (07) 5480 6333
Facsimile (07) $480 5301
Website www.nrm.qid.gov.au
ABN 83 705 537 586
Caloundra office 1 Omrah Avenue Caloundra Qld 4551. | Maroochydore office 11-13 Ocean Streel Maroochydore Qld 4558
Nambour office Cnr Currie and Bury Streets Nambour Qld 4560 | Tewantin office 9 Pelican Steet Tewantin a 4565
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132007.742.04
a a "
Att.
Your Ref: 2007/742 :
4
Tracy Arthur {
Noosa Shire Council 4
PO Box 141 3
Tewantin Qld 4565
Natural Resources and Water =. Page 2 of 2 iH 7
i |
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132007.742.04 selrsaat te. Department of Natural Resources and Water — Referral agency response Given under Section 3.3.16 of the Integrated Planning Act 1997 Suet 1. Application details 1.1. Applicant’s name Wolter Consulting Group 1.2. Property description Lot 7 on RP844337 1.3, Development type Material Change of Use (MCU) 1.4. Assessment manager (AM) Noosa Council ‘ 1.5. AM reference 2007/742 1.6. Referraldate 21 May 2007 1.7. Our references eLVAS — 2007/005432 File — GY V/000902 Trackjob — 1ICOSO7GYMO0010 2, Concurrence agency response The chief executive of the Department of Natural Resources and Water (NRW) would like to inform the AM that NRW has no concurrence agency requirements in regard to the application. 3. Reasons for the concurrence agency response NRW has assessed the application against the Concurrence Agency Policy for Material Change of Use (MCU) 20 November 2006 and has determined that the application meets the requirements of Criteria Table B because clearing as a result of the MCU will only occur— . e Foran urban purpose in an urban area on freehold land; and e ‘In remnant vegetation that does not contain an endangered regional ecosystem, where the land is not shown on a PMAV. 4. Aboriginai cultural heritage advice Under Section 23 of the Aboriginal Cultural Heritage Act 2003, a person who carries out an activity must take all reasonable and practicable measures to ensure that the activity does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). Maximum penalties for breaching the cultural heritage duty of care are $750 000 for a corporation and $75 000 for an individual. Applicants will comply with the cultural heritage duty of care in relation to. Aboriginal cultural heritage if they are acting in compliance with the cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003, available on the NRW’s website, or in accordance with an agreement with the Aboriginal party for the area or a cultural heritage management plan approved under Part 7 of the Aboriginal Cultural Heritage Act 2003. Page 1 of 2 cme. te PD-DA-FM383/5-09/08/2010 Page 15 of 19
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132007.742.04 NRW - referral agency response — 2007/005432 Applicants should also undertake a search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit, NRW. Application forms to undertake 2 free search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultural Heritage Register may be obtained by contacting the Cultural Heritage Coordination Unit on (07) 323 83838 or on the NRW’s website— www.nrw.qld.gov.au/cultural_heritage. ate neat ph kalo oe 5. Delegated officer signature Y Mr Brett Johnson Senior Vegetation Management Officer - VM1. South East Region, NRW 31 May 2007 Page 2 of 2 PD-DA-FM383/5-09/08/2010 Page 16 of 19
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4132007.742.04 Dapartment of Environment and Resource Management N otice Assessment of request to change a development approval This notice is issued by the Departmant af Enuronvnent and Resource Managemen pursvent to section 373 of the Sustainable Planning Act 2009 (the Act"), Chief Executive Officer Ce. Woltar Consulting Group Sunshine Coast Regional Council PO Box 436 Locked Bag 72 New Farm Qid 4005 Sunshine Coast Mall Centre Qld 4560 Attentlon: Kerri Coyle Altentlon: Andrew Crawford DERM reference, 32197, KCOBOSNARKIDIZ, ICT C6GYNOOIS, ICOSO7GYNHO1D, IC1ZISGYAIOIS Request to change development approvals 1. The Chlef Executive, Depariment of Environment and Resource Management (DERM) as a Relevant Entity under section 373 of the Act, received a copy of tha requasts Lo change five development approvals on 24 August 2010, 2. Details of the dovelopment approvals Davalopment Approval reference: - 23537DA — 2005/1550 ~ 2008/2237 - 200rfr4d2 2006/2456 3. Racommendation DERM has neo objection to the changes being made 1o the Development Approvals, Delegate Enquiries: Oepartmant of Enviranment and Resource Management Nambour Centenary Square 52-64 Currle Stroat Pa Box 573 Daniel Leo Nambour Cid 4560 Senior Officer - Planning and Assessment Phone: 07 54512256 Dvlegale of the Chlef, Executive, Department of Fax: 07 64512260 Enviranment and Resource Managamant Emall; [email protected] 7 September 2010 Page 1 of 1 -a91217 Department of Environment and Resource Managemant Queensland Government sweow.dert.qh1.gov.au ADN 45 Nat 206 485 PD-DA-FM383/5-09/08/2010 Page 17 of 19
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132007.742.04
Queensland
ys Government
Enquiries Dr Anne Bothwell
Telephone (07) 3225 8817
Your reference —- 2007/742. Environmental Protection Agency
Our reference STH7085
“ Incorporating the
Queensland Parks and Wildlife Service
18 June 2007 nsland Parks an life Servi
Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565
Dear Sir/Madam
Application for Material Change of Use, Western Development Zone, Lot 7 on Plan
RP884337, 168 Maximillian Road, Noosa North Shore, Parish of Laguna, Noosa Shire;
Purpose - 21 dwellings, 48 car parking spaces & associated recreational facilities
Officers of the Environmental Protection Agency have reviewed the information provided and are
satisfied that State interests will be met if the applicant fulfils the requirements they are’
committed to under the Noosa North Shore Eco-Tourism Portal Development Code; Beach road
and Maximillian Road, Noosa Nort Shore (&RP844337).
Yours sincerely
floor
Robyn Hesse
Planning Manager (SEQ District)
A
\, anit
HAPLANNINGASEQ Local Gov\Noosa\200/\Development Approvals\DA 2007- . tay
742_MCU,Lot7RP844337_168MaximillianRd_NoosaNorthShore.doc
Page 1 af 4
Queensland Australia
Queensland Ausirafla
Telephone
Facsimile
Website www.spa.qid.gov.au_
AGN 87 221 158 786
Printed on so0% recycled paper
PD-DA-FM383/5-09/08/2010 Page 18 of 19
Page 19
Sunshine Coast
Council
Sunshine Coast Regional Council
Locked Bag 72 Sunshine C
T 07 5475 7272
www.sunshinecoast.qld.gov.au
ABN 37 876 973 913
t Mail Centre Old 4560
F 07 5475 7277
Sunshine Coast
Regional Council
Appeal Rights
' SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
: REGULATION 2009
The following is an extract from the Sustainable
Planning Act 2009 (Chapter 7)
466
(1)
(2)
(3)
(4)
Caloundra office 1 Omrah Avenue Caloundra Qld 4551 |
Appeals about decisions
permissible changes
For a development approval given for a
development application, the following persons
may appeal to the court against a decision on a
request to make a permissible change to the
approval—
(a) if the responsible entity for making the
change is the assessment manager for
the application—
relating to
{i) the person who made the
request; or
(ii) an entity that gave a notice
under section 373 or a pre-
request response notice about
the request;
{b) if the responsible entity for making the
change is a concurrence agency for the
application—the person who made the
request.
The appeal must be started within 20 business
days after the day the person is given notice of
the decision on the request under section 376.
Also, a person who has made a request under
section 369 may appeal to the court against a
deemed refusal of the request.
An appeal under subsection (3) may be started at
any time after the last day the decision on the
matter should have been made.
Nambour office Cnr Currie and Bury Streets Nambour Qid 4560
PD-DA-FM383/5-09/08/2010
Maroochydore office 11-13 Ocean Street Maroochydore Qld 4558
Tewantin office 9 Pelican Slreet Tewantin Qld 4565
Page 19 of 19
[email protected]
132007.742.04