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Attachment 1 - Current Approval for MCU

Attached to the e-mail 132007.12.06 Application to Change Development Approval.

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                                              Officer:            Marcus Brennan
                                              Direct Telephone:   07) 5449 5331
                                              Fax:                (07) 5447 5601
                                              Response Address:   Locked Bag 72, SCMC 4560
                                              Our Reference:      MBB:JLP:
                                              Your Reference:     01307 L)1 NG

24 February 2011


NC Oliver Pty Ltd
c/o Martoo Consulting
PO Box 1684
NOOSA HEADS QLD 4567


Dear Sir/Madam

                           Change to an Existing Approval
                                 Sustainable Planning Act 2009

I refer to your request dated 15 December 2010 to make an extension to relevant period
change to an existing approval granted on 13 December 2007. On 16 February 2011, Council
decided your requested changes.

Details of the decision are as follows:

1   APPLICATION DETAILS

Application No:                  132007.12.4 (07/0012)
Street Address:                  90 Goodchap St NOOSAVILLE QLD 4566
Real Property Description:       Lot 2 SP155870
Planning Scheme:                 The Noosa Plan (11 May 2009)

2   DECISION DETAILS

The following type of approval has been issued:

      Development Permit for Material Change of Use of Premises (Commercial Business
       Type 1 - Office & Type 2 Medical Education Type 3 Adult Retail Business Type 1 Local &
       Type 2 Shop and Entertainment and Dining Business Type 1 - Food & Beverage)
      Development Permit to Reconfigure a Lot (Boundary Realignment)

In relation to representations, Council on 7 March 2008 decided to:
    A.      Amend Conditions 7, 10.2, 15, 24, 25 and 55
    B.      Amend Advice conditions 2 and 3
    C.      Include an additional condition
    D.      Delete Condition 9
    E.      Issue a Negotiated Decision Notice

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In relation to the request to make a change to the existing approval, Council on 21 November
2008 decided to:
A.     Approve a change to Conditions 1, 7, 8, 12, 15, 36, 38 and 55
B.     Approve a change to Advice Conditions 2 and 3
C.     Include an additional condition
D.     Issue a Change to an Existing Approval
In relation to the request to change the existing approval, Council on 16 March 2010 decided
to:
A.     Include additional Conditions 65, 66 and 67.
B.       Issue a Change to an Existing Approval.

In relation to the request to make a change to the existing approval, Council on
16 February 2011 decided to:
A.       Approve a change to Condition 19 extending the currency period to 17 February 2014.
B.       Issue a Change to Existing Approval.

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 which allows the development to be undertaken
       having regard to the two stages. The approved plans are numbered Site Plan Overall
       Parking Layout 0427 DA01E, Site Plan Overall Podium Level 0427 DA02E, Site Plan
       Overall Upper Plan 9427 DA03E, Stage 2 Carpark Plan 0427 DA04E, Stage 2 Podium
       Plan 0427 DA05E, Stage 2 Upper Floor Plan 0427 DA06E, Roof Plan 0427 DA07D,
       Existing Approved Elevation & Sections 0427 DA08D, Proposed Elevations & Sections
       0427 DA09D, Proposed Carpark Lower Level Plan 0427 DA10E, Proposed Carpark Mid
       Level Plan 0427 DA11E, Proposed Carpark Upper Level Plan DA12E and Proposed
       Carpark Elevations & Sections 0427 DA13E prepared by Middap Ditchfield Pty Ltd and
       dated May 2007 and Working Drawings Carpark Layout 0715 WD01.1 prepared by
       Middap Ditchfield Pty Ltd and dated April 2008 and Plan of Lots 4, 5 & Emt D
       (Restricted) in Lot 4 SP 196846 prepared by Jones Flint & Pike and as may be amended
       by these conditions.
2.     The development must be undertaken and operated in a manner that causes no
       detrimental effect upon the amenity of the neighbourhood by reason of the creation of
       excessive noise, lighting nuisance or other emissions.
3.     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 prepared by a
       suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be
       completed prior to the premises being occupied and maintained at all times thereafter.
       The Landscape Plans required to be submitted are to demonstrate dense vegetation
       comprising native trees and shrubs and include some mature plantings within the
       setback areas of the proposed car park structure, to assist providing a visual screen and
       buffer to adjoining residential premises.



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4.     Existing trees on the site and within road reserves are to be retained, except where
       required to be removed due to building operations or the conduct of the approved use.
5.     Any advertising sign or device is to comply with Council's policies on advertising.
6.     All goods are to be displayed on site within the property boundaries and/or on the
       premises approved for the use.
7.     Secure bicycle racks shall be provided on site to accommodate a minimum of: -
       7.1. Stage A – a minimum of 18 bicycles for the increase in floor areas of the
            Commercial Business uses of Office and Medical.
       7.2. Stage B – a minimum of 35 bicycles for the increase in floor areas of the
            Commercial Business uses of Office and Medical and Education use of Adult.
       The proposed bicycle racks shall be identified on the plans submitted for Operational
       Works approval and shall be located to the reasonable satisfaction of the Manager, Land
       Use.
8.     End of trip facilities shall be provided within the approved buildings at a minimum rate of:
       8.1. Stage A - a minimum of 9 lockers and 2 showers.
       8.2. Stage B – a minimum of 18 lockers and 3 showers.
9.     Deleted.
10.    The proposed development shall not exceed a maximum height of:-
       10.1. for buildings, 2 storeys and 10 metres above natural ground level, with the
             exception of the Stage 2 building, which may be 3 storeys in height in accordance
             with the approved plans.
       10.2. for the car park structure, 8 metres above natural ground level, with the exception
             of the rendered block work up stand (ie. lift overrun) adjacent to the driveway ramp
             which shall not exceed 10.5 metres above natural ground levell.
11.    A verification survey of the building is to be carried out by a Licensed Surveyor and a
       certificate lodged with Council at completion of work confirming compliance with the
       maximum allowable building height as required by either the conditions of approval or the
       Planning Scheme.
12.    The development is permitted a total maximum use area of: -
       12.1. Stage A - 5954m2 with each individual use permitted the following maximum use
             areas at any one time:-
               12.1.1. Commercial Business – Type 1 Office – 2420m2
               12.1.2. Commercial Business – Type 2 Medical – 3000m 2
               12.1.3. Education – Type 3 Adult – 790m 2
               12.1.4. Retail Business – Type 1 Local – 100m 2
               12.1.5. Retail Business Type 2 Shop or Entertainment and Dining Business Type
                       1 Food and Beverages – 236m2 (includes 16m 2 of outdoor dining).
       12.2. Stage B - 6304m 2 with each individual use permitted the following maximum use
             areas at any one time:-
               12.2.1. Commercial Business – Type 1 Office – 2420m2
               12.2.2. Commercial Business – Type 2 Medical – 3000m 2
               12.2.3. Education – Type 3 Adult – 1600m 2
               12.2.4. Retail Business – Type 1 Local – 100m 2



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               12.2.5. Retail Business Type 2 Shop or Entertainment and Dining Business Type
                       1 Food and Beverages – 236m2 (includes 16m 2 of outdoor dining).
13.    Any new hot water systems installed shall be either solar systems; electric heat pump
       systems; or gas systems (LPG or natural).
14.    Any new kitchen, laundry and bathroom fittings are to comply with the AAA Water
       Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products -
       Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage
       Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating
       System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per
       min. Dishwashers and washing machines are excluded from this requirement.
15.    The education use is permitted a maximum number of staff/employees at any one time: -
       15.1. Stage A – a maximum of 7 staff/employees and 70 students.
       15.2. Stage B – a maximum of 14 staff/employees and 140 students.
16.    The development shall be undertaken in accordance with the recommendations of the
       Acoustic Report prepared by TTM Consulting (SC) Pty Ltd.
17.    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.
18.    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.
19.    The Development Permit for a Material Change of Use and Reconfiguring a Lot lapses if
       the use has not happened by 17 February 2014, unless an application to extend the
       currency is approved by Council.
20.    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

Reconfiguring a Lot
21.    The lot reconfiguration shall be in accordance with plan SP196846 as submitted by
       Jones Flint & Pike Pty Ltd except as modified herein.
22.    In conjunction with the lodgement of the Plan of Survey for Council endorsement, legal
       documentation shall be presented to Council and shall be submitted in the correct form
       with the fees prescribed in Council's adopted fee schedule.
23.    Pursuant to Section 3.7.3(3)(c) of the Integrated Planning Act, all outstanding rates and
       charges due and payable to Noosa Council in respect of the lots being reconfigured shall
       be paid prior to endorsement of the Plan of Survey.
24.    The applicant shall provide a 2m by 2m truncation on each corner of Lot 4 adjacent to
       Lot 1 on RP802360 on either side of Council’s pathway to assist service vehicle access.
       An underground electricity service shall be provided to service all parts of Lot 4 if not
       already provided. The service shall be provided before the use commences.
25.    All parts of lot 4 shall be serviced by water supply appropriate for necessary
       requirements, such as fire fighting. The service shall be provided before the use
       commences.




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Vehicle Access
26.    The eastern site access intersection shall be modified to increase the length of the
       parallel right turn storage lane to at least 20 metres.
27.    The existing primary vehicular access driveway off Goodchap Street (eastern access)
       shall be modified by the construction of a splitter island at the entrance should be
       extended to preclude right turns in or out of the car parking aisle along the front of the
       eastern building.
28.    All driveways 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 AS2890.1-2004, Council
       will require that the driveway be removed and reconstructed to levels that do comply.
29.    To ensure pedestrian safety between vehicles exiting the site and pedestrians/cyclists 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.
30.    Condition 9 shall also apply to the crossing of the existing pathway between the two
       parts of Lot 4. Buildings shall be modified as necessary to achieve these sight distances
       and this compliance demonstrated in the plans submitted as part of the operational
       works approval. The crossing shall also be a raised type, be appropriately lit and give
       priority to pedestrians and cyclists.
31.    The access to and from Traders Lane will only be permitted for use by service and
       emergency vehicles. A sign indicating this shall be installed at the exit.
32.    In any operational works application, the developer shall demonstrate by the way of a
       turning template, that service and emergency vehicles can access the site via Traders
       Lane. If this cannot be achieved the building shall be set back or modified to allow entry
       of these vehicles.
33.    All vehicles shall enter and leave the site in a forward direction.
Loading Areas
34.    Two combined loading zone/carpark spaces shall be included on site and operate as a
       Loading Zone between the hours of 8 am to 11 am weekdays and shall be sign posted to
       indicate this.
35.    The combined loading zone / carpark space shall be sized to accommodate a small rigid
       vehicle in accordance with AS 2890.2 - 1989. These spaces will be indicated on the
       operational works application for car parking.
Car Parking
Off Street
36.    The development shall provide car parking spaces on the site at a minimum rate of: -
       36.1. Stage A - a minimum of 316 car parking spaces, including six clearly defined
             disabled ca rparking spaces.
       36.2. Stage B - a minimum of 393 car parking spaces, including six clearly defined
             disabled car parking spaces.
37.    All public parking spaces should be a minimum of 5.4m by 2.6m with 6.2m wide aisles,
       although staff parking spaces may be reduced to 5.4m by 2.4m with 6.2m aisles. In all
       other respects, the designs should comply with AS2890.1 - 2004.




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38.    Vehicular access to the site from Goodchap Street and car parking shall be generally in
       accordance with Middap Ditchfiled Pty Ltd Drawings: -
       38.1. Stage A – 0715 WD 01.1, 0427 DA01E, 0427 DA02E, 0427 DA03E, 0427 DA04E,
             except as modified herein, the multilevel car park as shown on 0427 DA01E, 0427
             DA02E, 0427 DA03E, 0427 DA04E.
       38.2. Stage B - 0427 DA01E, 0427 DA02E, 0427 DA03E, 0427 DA04E, 0427 DA10E,
             0427 DA11E and 0427 DA12E, except as modified herein.
39.    All carparking shall be kept, maintained and line-marked in a condition fit for use.
40.    All staff carpark spaces shall be clearly defined by line marking each space with the
       words “Staff Parking Only” and by sign posting each space with a similar wording.
Pathway Lighting
41.    The existing pathway between the two existing lots shall have lighting installed from
       Goodchap Street to the rear boundary of Lot 4. This lighting shall have a high energy
       efficient rating to the reasonable satisfaction of Council and be designed to meet
       appropriate safety standards and not to adversely impact residences in the area.
Vegetation Protection & Preservation
42.    Vehicular pavements within the drip zone of any of the existing trees on site to be
       retained shall be designed as a pervious pavement (such as grass paving cells or
       similar), as this will allow water that falls on this surface to penetrate to the trees root
       system. The pavement shall be constructed so as not to damage the tree or their root
       system and in this regard temporary fencing shall be provided around the trees during
       construction to help protect them.
       Plans shall be submitted to the Council for approval that clearly show the type and extent
       of the pervious pavement and the temporary fencing prior to obtaining a Development
       Permit for Operational Works.
Frontage Works
43.    Tree planting is required to the Goodchap Street frontage of Proposed Lot 5 in
       accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.
Roof Water & Stormwater Drainage
44.    Roof runoff from any new building shall be directed to a rainwater storage system or tank
       (minimum storage the greater of 5000 litres or 15 litres/m 2 of roof area ) that is installed
       to ensure water from the tank is used for external uses (such as watering gardens,
       irrigation, ornamental ponds, water features, outdoor cleaning, etc) and for use in
       flushing of toilets internal to the building. All rainwater tanks are to be designed and
       installed in accordance with the Queensland Development Code (QDC), Part 25 –
       Rainwater Tanks, and shall be part of the plumbing application in conjunction with the
       building approval. The location and capacity of the tanks shall be clearly shown on the
       plans submitted for Building Works / Operational W orks approval and any overflow shall
       be directed to an approved discharge point.
45.    All stormwater drainage (including roof water overflow from the rainwater storage
       system) shall be collected and discharged so there is no net increase in stormwater
       runoff from the site
46.    A Stormwater Management Plan shall be submitted to Council in conjunction with an
       operational works application to demonstrate how water quality and quantity objectives
       are to be met. This Management Plan shall set the objectives and include a plan
       indicating location and sizing of the devices prosed. The operational works application
       shall be in accrordance with this plan and buildings shall be modified if required to
       accommodate the necessary treatment infrastructure.



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       All other clean stormwater, such as roof water, can be collected on site and discharged
       through a single underground drain line directly into the existing drainage system,
       bypassing the grease/oil arrestor and treatment system.
       A maintenance plan for the treatment devices shall be complied with for the duration of
       the approved uses.
       A Development Permit for Building Works shall not be granted until a Development
       Permit for Operational Works has been issued in regard to the drainage scheme.
47.    All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
48.    All parts of the site shall be connected to Council’s existing sewerage reticulation
       systems and be constructed in accordance with Council’s standards and requirements at
       no cost to Council.
Town Water Supply
49.    All parts of the site shall be connected to Council’s existing town water supply and be
       constructed in accordance with Council’s standards and requirements at no cost to
       Council.
50.    For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the
       development shall be served by:
       50.1. A single Body Corporate water meter to measure the total water consumption
             (including fire hose reels, but excluding fire hydrants and fire sprinkler systems),
             and
       50.2. Individual water meters to each tenement capable of being separately rated, and
       50.3. A fire service (fully testable single detector check with metered bypass), where
             applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose
             reels).
Earthworks
51.    Filling works required on site shall be carried out in accordance with Section 3.8 of
       Council’s Engineering Design Standards Manual and so as not to cause the additional
       ponding of water on any adjoining lands or the blockage of, or interference with, any
       existing overland flowpaths. Detailed site surveys indicating natural surface levels and
       contours of the adjoining properties must be provided with the application for a
       Development Permit for Operational Works for Filling and Drainage.
       This may require the design and construction of drainage pipes and/or an overland flow-
       path within the development site that caters for drainage from the adjoining sites for a
       design storm with an Average Recurrence Interval of 1 in 100 years. A private easement
       for the Drainage of Water encompassing the drainage pipes or overland flow-path will
       also be required. In this regard a Development Permit for Operational Works shall be
       obtained.
       Should evidence be provided to Council indicating that no additional ponding of
       stormwater will occur on the adjoining properties the requirement for the drainage pipes,
       overland flow-path and easement shall not apply.
52.    Earthworks carried out on site shall not affect the structural integrity of any of the existing
       fences or structures that border the development site. Fences that are affected shall be
       replaced prior to the Building Certifier issuing the Certificate of Classification. In this
       regard any fences to be replaced shall be clearly shown on the plans submitted for
       Operational Works approval.




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Acid Sulfate Soils
53.    As the site is located below the 5m AHD, any excavation works consisting of 100m 3 or
       greater and/or any filling works consisting of 500m3 or greater and with an average depth
       of 0.5m or greater will need to be carried out in accordance with State Planning Policy
       2/02 Planning and Managing Development Involving Acid Sulfate Soils. In this regard
       appropriate testing and supporting documentation prepared by a suitably qualified
       specialist shall be submitted to Council for approval prior to obtaining a Development
       Permit for Operational Works.
Erosion and Sediment Control
54.    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.
55.    Monetary contributions shall be paid to Noosa Council towards the cost of providing
       and/or upgrading various infrastructure at the rates applicable at the time of payment.
       An estimate only of the contribution amounts under the current Council policies and
       requirements is outlined in the table below:

                                                                          STAGE B           TOTAL
       Contribution Required For:                           STAGE A      (in addition      Stage A +
                                                                         to Stage A)        Stage B

       PSP12 – Public Open Space Contributions (Park)         $ 3,233          $0          $ 3,233
       PSP16 – Sewerage Headworks Contributions              $ 34,617       $ 14,785      $ 49,402
       PSP17 – Water Supply Headworks Contributions          $ 29,629       $ 25,727      $ 55,356
       PSP20 – Pathway Trunk Network Contributions            $ 3,266          $0          $ 3,266
       TOTAL Contribution Amount =                           $ 70,745       $ 40,512     $ 111,257
       Please note, that these amounts are all subject to variations in the Consumer Price Index, All
       Groups Brisbane from SEPTEMBER 2008 until the date of payment.

       All contributions must be paid prior to the issue of a Development Permit for Operational
       Works for the relevant stage.
       Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should
       not be paid at the due time, Council shall call upon the trading bank guarantee in full.
       Processing of bonds for security where specific Council approval has been given for the
       bonding of contributions will incur an administration fee in accordance with Council’s
       Land Development Commercial & Regulatory Fees at the time of lodgement.
       In the event that the Development Permit for Material Change of Use of Premises lapses
       or is cancelled, the paid contributions and/or the trading bank guarantee will be returned.
General
56.    A suitably qualified Registered Professional Engineer shall prepare engineering drawings
       and specifications for all engineering works that will become Council infrastructure, which
       shall be submitted in conjunction with an application for a Development Permit for
       Operational Works. To avoid conflict with underground pipes or services, all existing and
       proposed services required by the development shall be shown on the plans.
57.    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.



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58.    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
59.    The developer must provide waste storage and disposal facilities 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.
60.    Refuse containers must be provided in accordance with the requirements of the
       Environmental Protection (Interim Waste) Regulations 1996 and (Waste Management)
       Regulation 2000, for the storage and collection of refuse.
61.    All refrigeration plant including motors, shall be situated within the building or suitably
       provided with noise reduction measures and located as to prevent a noise nuisance
       beyond the subject land in accordance with the nuisance provisions of the Environmental
       Protection Regulation 1998. On the spot fines apply for such offences.
62.    Noise emission from air conditioning equipment shall comply with the following
       requirements:
       62.1. The equipment shall be installed and located in a manner which prevents noise
             nuisance beyond the subject land in accordance with the nuisance provisions of
             the Environmental Protection Regulation 1998 and Council’s Local Law No. 12 -
             Control of Nuisances. Infringement Notices (on-the-spot fines) may apply for
             offences.
       62.2. Submission of written certification from a suitably qualified person confirming that
             the noise levels comply when measured at the nearest residential boundary. This
             is required immediately after installation of the equipment and prior to any
             occupation of the building, and in a format approved by Council.
       62.3. A person must not use equipment on any day if it makes or causes noise to be
             made –
               62.3.1. Before 7am or after 10pm: More than the lower of either –
                          40 d(B)A
                          3 d(B)A above the background noise level
               62.3.2. From 7am to 7pm: More than the lower of either –
                          50 d(B)A
                          5 d(B)A above the background noise level
               62.3.3. From 7pm to 10pm: More than 3 d(B)A above the background noise level.
Additional Conditions (7/3/08)
63.    The applicant shall enter into an infrastructure agreement with Council with regard to the
       provision of private services within the 5m wide road reserve that divides the two
       separate parts of Lot 4 prior to the use commencing on the northern part of Lot 4. The
       conditions of the infrastructure agreement shall:
       a)      Provide for the installation, maintenance and preservation of the private water an
               electrical services that supply the separate parts of Lot 4,
       b)      Provide for the maintenance of the road reserve in those parts affected by the
               private services,



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       c)      State that the applicant is responsible for obtaining approval for the design and
               construction of the various services from the relevant authority,
       d)     State that the design and construction of the services shall be wholly at the
              applicant’s expense and shall not entail a financial encumbrance on future
              purchasers of the proposed lot, and
       e)     Be to the satisfaction of the Department of Natural Resources and Water
              (DNR&W). If DNR&W does not consent to the private services crossing their land
              the applicant shall find an alternative means of providing services to the balance of
              Lot 4 prior to the use commencing.
64.    Prior to the commencement of the use of Stage A or Stage B, the required contributions
       shall be paid to Council and the associated car parking constructed.
Additional Conditions (16/3/10)
65.    Vehicular access arrangements identified by Condition 38 can be varied to allow for an
       alternative access arrangement for northern vehicle access to the site from Goodchap
       Street. The alternative access arrangement shall be generally in accordance with
       Drawing No. P10C, Job No. 06679 prepared by TOD Noosa dated 29 May 2009. The
       works shall include but not be limited to:-
       i.      The linemarking necessary to provide the right turn lane and associated medians,
       ii.     The direction linemarking within the existing access,
       iii.    The widening of the current vehicle crossover, and
       iv.     Any works associated with the existing Telstra pit to the satisfaction of Telstra.
               Suitable certification from Telstra shall be submitted to Council prior to the
               commencement of any works and at the completion of the works.
       In this regard, this alternative access arrangement is only permitted where the
       development utilises the at grade car park located in the north west corner of the site.
       Further, a schedule of works, specifications and plans detailing this work shall be
       prepared and submitted to Council for approval as part of an application for Operational
       Works.
66.    Where vehicular access arrangements identified by Condition 38 are varied in
       accordance with the alternative access arrangements identified by Condition 65, the
       applicant shall design and construct an indented bus bay in Goodchap Street to replace
       the existing kerb side bus stop located in the frontages of No 135-137 Goodchap Street.
       The works for the bus bay shall include but not be limited to the following:-
       i.      Be located generally in accordance with Drawing No. P10C, Job No. 06679
               prepared by TOD Noosa dated 29 May 2009,
       ii.     Be designed and constructed generally in accordance with Translink’s “Regular
               Stop” as shown on Translink Drawing No. TL-R02 with the following modifications:
               a.   The kerb type in the tapers must provide unimpeded access to the two affected
                    residential properties,
               b. The minimum taper on the approach should be approximately20m,
               c.   The new taper should be 1 in 7, and
               d. The minimum length of the bus stop itself is 20m.
       iii.    The pad, seat, bin, signage and tactile indicators as shown on Translink’s “Regular
               Stop” as shown on Translink Drawing No. TL-R02.
       iv.     Any modifications to and realignment of the existing residential access driveways,




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Page 11

                                                                                      132007.12.4

       v.      A 2m wide concrete footpath connecting the bus stop to the existing footpath in
               Goodchap Street.
       In this regard a schedule of works, specifications and plans detailing this work shall be
       prepared and submitted to Council as part of an application for Operational Works.
67.    Prior to the issue of any Building Approval and commencement of the construction of the
       multi-level car park in the northwest corner of the site, an Operational Works approval
       shall be obtained to address necessary vehicle access arrangements and additional
       vehicle movements to, and within the site.

5     REFERRAL AGENCY CONDITIONS

Not Applicable

6     APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the
Assessment Manager conditions.

7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.     For the purpose of these conditions, the following definitions apply: -
       1.1. A Plan of Survey means the plan for the reconfiguration of a lot required to be
            endorsed by Council pursuant to S3.7.1 of the Integrated Planning Act 1997.
       1.2. A registered Professional Civil Engineer means an civil engineer who is
            registered in Queensland pursuant to the Professional Engineers Act 1988.
       1.3. Carparking area means a parking area as defined in the Noosa Plan inclusive of
            manoeuvring areas and access from the roadway.
       1.4. The person acting on this permit means any person or company who undertakes
            development pursuant to this permit.
       1.5. AS 2890.1 – 2004 means Australian Standard for Off Street Carparking - AS
            2890.1-2004.
       1.6. Principal Contractor means the person nominated by the Applicant and approved
            by the Manager - Land Development at a pre-start meeting as being responsible
            for the major component of works associated with a Development Permit for
            Operational Works of any works on the site.




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Page 12

                                                                                                 132007.12.4


2.     The applicant is advised that development contributions and infrastructure charges
       applicable to this development approval have been based on the following Uses Class/
       Uses and applicable quantities:-

                  Existing Development                             Approved Development
           (References = 23495DA; 2004/5231;                       (Reference = 2007/0012)
                 20050866; & 2006/2435)
         Existing Use                            Approved Use                    Approved Quantity
                             Existing Quantity
         Class / Use                             Class / Use                STAGE A           STAGE B
                                                                                 2                 2
         Commercial                              Commercial             2,178 m           1,368 m
                                     2
         Business Type 1     1,630 m Use Area    Business Type 1        Maximum Use       Maximum Use
         Office                                  Office                 Area              Area
                                                                                 2                 2
                                                                        3,000 m           3,000 m
                                      2
         Commercial         2,460 m Use Area     Commercial             Maximum Use       Maximum Use
         Business Type 2    (equivalent to 55    Business Type 2        Area (equivalent Area (equivalent
         Medical            consulting rooms)    Medical                to 67 consulting  to 67 consulting
                                                                        rooms)            rooms)
                                                                               2                 2
                                                                        100 m             100 m
         Retail Business          2              Retail Business
                            100 m Use Area                              Maximum Use       Maximum Use
         Type 1 Local                            Type 1 Local
                                                                        Area              Area
         Retail Business                         Retail Business
                                                                              2                    2
         Type 2 Shop; &                          Type 2 Shop; &         236 m                236 m
                                  2
         Entertainment &    236 m Use Area       Entertainment &        Maximum Use          Maximum Use
         Dining Type 1                           Dining Type 1 Food     Area                 Area
         Food & Beverage                         & Beverage
                                                                              2                        2
                                                                        790 m                1,600 m
                                  2
         Education Type 3   790 m Use Area       Education Type 3       Maximum Use          Maximum Use
         Adult              (70 students)        Adult                  Area                 Area
                                                                        (70 students)        (140 students)
                                          2       TOTAL Maximum                    2                       2
                                 5,216 m                                   6,304 m              6,304 m
               TOTAL =                               Use Area
                                 Use Area                                  Use Area             Use Area
                                                    Allowable =



3.     The applicant is informed that approval of this development application will trigger an
       Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
       Charges Plan for the estimated amount of $157,394 (STAGE A) and $0 (STAGE B) =
       TOTAL (Stage A + Stage B) = $157,394 and is subject to variations in the Consumer
       Price Index, All Groups Brisbane from SEPTEMBER 2008 until the date of payment. An
       Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the
       Integrated Planning Act 1997.
4.     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.
5.     Digital detailed designs including drawings, calculations, specifications and a schedule of
       works, shall be submitted with any application for a Development Permit for Operational
       Works in respect of roadworks and stormwater drainage works. In this regard a
       DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted
       in conjunction with any application for Operational Works. The design shall be in
       accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design
       Standards – Roads, Drainage and Earthworks.
6.     To facilitate production of As Constructed drawings it is suggested that all design
       drawings are submitted in the Asset Design and As Constructed (ADAC) digital format.
       (Guidelines on the use of ADAC are available at www.adac.com.au).
7.     Prior to the commencement of the development, a plumbing assessment must be
       obtained from Noosa Council’s Plumbing Services Section in accordance with the
       Plumbing & Drainage Act 2002 (as applicable).



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Page 13

                                                                                      132007.12.4

8.     The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999
       and Local Law No. 12, prevents a builder or building contractor carrying out building work
       on a building site in a way that makes or causes audible noise to be made from the
       building work:-
       8.1. On a Sunday or public holiday, at any time; or
       8.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
       A maximum penalty of $1,500 applies to an offence under this legislation.
9.     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.
10.    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.
11.    Noosa 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 AS1428.2;
               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;
               Any services and facilities in the building complex must allow independent,
               dignified and equitable use of the services and facilities for all people.
12.    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.
13.    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.
14.    Noise from building works associated with commercial and or industrial development
       should comply with the following –
       14.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
       14.2. All reasonable measures are taken to minimise noise emissions.
       14.3. Not permitted on Sunday or public holidays.




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Page 14

                                                                                       132007.12.4

15.     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.

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 (ACH Act).
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”. It 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 ACH 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.

8     PROPERTY NOTES

Not Applicable

9     PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

10 FURTHER DEVELOPMENT PERMITS REQUIRED

    Type of Development Permit required       Subject of the required Development Permit

    Development Permit for Building Works     All Building Works

    Development Permit for Operational        Landscaping, Access and Carparking, Site Civil
    Works                                     Works, Roadworks, Stormwater Drainage,
                                              Frontage Works, Sewer Reticulation (Including
                                              New Mains, Relocations, Diversions, Pump
                                              Stations and Rising Mains), Water Reticulation,
                                              Site Filling and Erosion & Sediment Control.


11 SELF ASSESSABLE CODES

The following codes for self-assessable development related to the development approval
issued under this Decision Notice must be complied with.

       Advertising Devices Code

12 SUBMISSIONS

There were no properly made submissions about the application.




PD-DA-FM383/5-09/08/2010                                                         Page 14 of 16

Page 15

                                                                                             132007.12.4

13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable

14 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.

15 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.


DECISION NOTICE HISTORY
13 December 2007           Original Decision Notice issued.
7 March 2008               Negotiated Decision Notice issued with amendment to Conditions 7, 10.2,
                           15, 24, 25 and 55, Advice Conditions 2 & 3 and inclusion of an additional
                           condition
21 November 2007           Change to an Existing Approval issued with amendment to Conditions 1, 7, 8,
                           12, 15, 36, 38, 55, Advice Conditions 2 & 3 and inclusion of an additional
                           condition
16 March 2010              Change to an Existing Approval issued with additional Conditions 65, 66 and
                           67
16 February 2011           Change to Existing approval issued with amendment to Condition 19



Yours faithfully




DENIS WALLACE
SENIOR DEVELOPMENT PLANNER


Encl.    Appeal Rights




PD-DA-FM383/5-09/08/2010                                                               Page 15 of 16

Page 16

                                                                                               132007.12.4



                                                    Appeal Rights
                                                   SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                   REGULATION 2009



The following is an extract from the Sustainable
Planning Act 2009 (Chapter 7)

466      Appeals about decisions relating to
         permissible changes
(1)      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—
                   (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.
(2)      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.
(3)      Also, a person who has made a request under
         section 369 may appeal to the court against a
         deemed refusal of the request.
(4)      An appeal under subsection (3) may be started at
         any time after the last day the decision on the
         matter should have been made.




PD-DA-FM383/5-09/08/2010                                                                  Page 16 of 16

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