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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).

of 19

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: 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:-

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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.

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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.

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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.

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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.

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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.

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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:-

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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.

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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.

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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

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Page 13

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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Page 14

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 |

PD-DA-FM383/5-09/08/2010 Page 14 of 19

Page 15

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

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Page 16

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

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Page 17

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

Page 18

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

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