SUPERSEDED Changed Approval 132005.1133.4

Officer:	Denis Wallace
Direct Telephone:	07 53296239
Our Reference:	132005.1133.4 (05/1133)
Your Reference:	Z2150-486
11 March 2016

Altum Constructions
C/- JFP Urban Consultants Pty Ltd
PO Box 6
MAROOCHYDORE  QLD  4558

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009
I refer to your request to make a permissible change to an existing approval.. On 10 March 2016, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	132005.1133.4
Street Address:	Resort Drive (formerly Links & Leslie Drive) Noosa Heads  Qld  4567
Real Property Description:	Lot 7 SP 178340
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 30 August 2007 decided to issue the following type of approval:
Material Change of Use - 155 Multiple Dwelling Units and Associated Facilities - Theatre, Restaurant, Shops & Function Rooms
In relation to representations made by the applicant Council on 1 November 2007 decided to:
A.	Agree to amend Conditions 8, 11.2, 11.4, 13, 14, 20, 27, 40, 53, 64, 68, 78, 80, 81, 82.1.4, 94 with an amendment to Condition 20 to read as follows:
Condition 20
The Development Permit for a material change of use of premises lapses if the first change of use under the approval has not happened by 30 August 2011, unless an application to extend the currency is approved by Council
B.	Agree to delete Conditions 3 & 18.
C.	Refuse to Change/Delete Conditions 16 & 17.
In relation to a request to make a change to the existing approval, Council on 6 April 2011 decided to:
A.	Approve a change to Condition 20 extending the relevant period to 1 November 2015.
In relation to the request to make a change to the existing approval, Council on 10 September 2015 decided to:
A.	Approve a change to Condition 20 extending the relevant period to 1 November 2017.
B.	Include an additional Advisory Note 11.
In relation to the request to make a change to the existing approval, Council on 11 March 2016 decided to:
Agree to amend Condition 2.
Delete Conditions 11, 16 & 65;
Change Conditions 1, 4, 5, 6, 8, 12, 23, 29, 30, 31, 33, 46, 47, 48, 49, 64 & 70.
Change Advisory Notes 1 & 2
relevant period of approval
The relevant period for this development approval is identified in the assessment manager conditions.
CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Land Use
Prior to the issue of an operational works approval for the development, fully detailed architectural proposal plans must be submitted for Council approval.  Detailed plans must provide the following details as a minimum:
Full architectural building elevations;
Detailed roof plans and ground level contours demonstrating compliance with the development’s 8m/12m building height limits above natural and finished ground levels;
Landscaping areas demonstrating compliance with Condition 5 herein;
The location of proposed stormwater management/treatment devices;
Consistency with all management plans for the development;
Building colour schemes demonstrating compliance with Condition 8 herein; &
Vehicle manoeuvring areas and temporary turning provisions.
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed below and are as amended by the conditions herein.
Plan No.	Rev.	Plan/Document Name	Date
7038-DA01	02	Masterplan Noosa Springs Resort prepared by Blackburne Jackson Design	14/12/15
7038-DA02	02	Indicative Sketch prepared by Blackburne Jackson Design	14/12/15
7038-DA03	02	Carparking/Basement prepared by Blackburne Jackson Design	14/12/15
7038-DA04	02	Ground Floor prepared by Blackburne Jackson Design	14/12/15
7038-DA05	02	First Floor prepared by Blackburne Jackson Design	14/12/15
7038-DA06	02	Second Floor prepared by Blackburne Jackson Design	14/12/15
7038-DA07	02	Site Section prepared by Blackburne Jackson Design	14/12/15
7038-DA08	02	Site Section prepared by Blackburne Jackson Design	14/12/15
7038-DA09	02	Indicative Apartment Layouts prepared by Blackburne Jackson Design	14/12/15
7038-DA010	02	Indicative Apartment Layouts prepared by Blackburne Jackson Design	14/12/15
7038-DA011	02	Perspective Sketches prepared by Blackburne Jackson Design	14/12/15
7038-DA012	02	Perspective Sketches prepared by Blackburne Jackson Design	14/12/15
Deleted.
The ancillary shop, restaurant/cafe, multi-function room, gym and other ancillary facilities shall be operated and maintained as a Resort. A letting pool service promoting and managing short term accommodation must also be established on site and made available to all owners of multiple dwelling units. The community management statement for any or all bodies corporate having control of the Resort or any part thereof shall incorporate this condition.
Where the development is staged, the common resort facilities must be completed and operational with the first stage.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines, the Bushfire Management Plan for the site 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 and shall include:
Planting of koala and glossy back cockatoo feed trees;
Tall canopy trees throughout the site (exclusive of any fire buffer areas) to assist in visually integrating the development into its landscape setting, partially screen buildings, and reduce visual building bulk.
Screen planting along the site’s frontage to Resort Drive, which includes mature planting.
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. The landscape plans required to be submitted are to denote areas of existing vegetation or existing trees to be retained and demonstrate vegetation retention on site and to the Resort Drive frontage to provide filtered views of the development.
Any advertising sign or device is to comply with Council's policies on advertising.
The development’s external colour scheme shall use muted environmental tones of browns, greens and greys to integrate the development with its landscape setting and ensure the development does not visually impact on the vegetated skyline.  Detailed plans shall be submitted and written Council approval obtained prior to commencement of the development.
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 RL’s shown for each building on the approved plans of development.
The natural ground level shall be reinstated around the basement levels so as not to comprise a storey pursuant to the Schedule to the Planning Scheme to the reasonable satisfaction of the Manager, Land Use.
Deleted.
The applicant must submit a revised Bushfire Management Plan for the development which reflects the approved plans and demonstrates compliance with The Noosa Plan’s requirements for bushfire and the provisions of the State Planning Policy July 2014 in regard to hazard level.
Secure bicycle racks shall be provided on site to accommodate a minimum of 20 bicycles on site and 10 at the existing clubhouse facilities.  The proposed bicycle racks shall be identified on the landscaping plans and shall be located to the reasonable satisfaction of the Manager, Land Use.
End of trip facilities shall be provided within the approved building at a minimum of 2 showers and 10 lockers.
Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open structures.
Deleted.
The pools adjacent the multiple dwelling units shall not be filled or topped up using town water supply.
Deleted.
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.
The Development Permit for a material change of use of premises lapses if the use has not happened by 1 November 2017, 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

Land Titling
The proposed resort site (Precinct F) is required to be contained on its own individual lot divorced from the parent lot - being Lot 3 on SP 137433 - which contains the Noosa Springs Golf Course.  The Plan of Survey associated with creating the new lots shall be submitted for registration at the Land Titles Office and proof of the title being issued shall be submitted to Council prior to the issue of the Development Permit for Building Works.
Vehicle Access
Vehicular access driveways to serve the development shall be constructed from the Leslie Drive (shown on plans as Resort Drive) frontage of the site generally in accordance with the approved plans.
The driveways shall be designed and constructed 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.
Please note, a step between the driveway and the remainder of the verge 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 verge, 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.
All vehicles shall enter and leave the site in a forward direction.
Vehicle Access Easement
An access easement that provides unhindered access to the public carpark for users (public) shall be created that covers the driveway in private land used to access the public carpark on the ridge.
If in the future service vehicle access is to be granted to Precinct E2, a vehicle access easement shall be created over the proposed driveway that gives access to Precinct E2.  The easement shall be the width of the driveway and shall benefit Precinct E2 and burden Resort parcel that is the subject of the approval.
Where any turnaround area or access route is required over the adjacent Precinct E2, an access easement [or similar provision] shall be created over the title to enable the utilisation of the area of that land required for the manoeuvre.
Loading Areas
The loading dock and refuse area shall be modified to ensure that Large Rigid Vehicles can manoeuvre into them safely and shall be located generally as shown on the approved plans.
Service Vehicles Turnaround
Unless legal access has been provided through the adjacent Precinct E2, a turnaround area shall be constructed within the development (Precinct F) to Council’s standards.  This may be removed once alternative access through Precinct E2 has been made available to an appropriate standard.
If constructed the turning area shall be sign posted to avoid visitors parking in them and it is suggested that the sign have the following wording or similar - “No Parking - Vehicle Turning Area Only”.
Car Parking and Circulation Pathways
Carparking shall be provided within the site generally as shown on the approved plans.  Carparking shall include 324 carpark spaces with 274 of these to be covered carpark spaces, and include 10 clearly defined disabled carpark spaces. Motorcycle/scooter parking spaces may be incorporated at a rate of 4 spaces equivalent to 1 car space.
The carparking areas shall be designed to comply with the provisions of AS 2890.1-2004 for user class 2 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 at the end of the aisles when required and they shall be line-marked with chevrons and have the words “No Parking” painted on the pavement.  A sign shall also be provided to indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
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.
All service driveways shall be designed to comply with AS 2890.1-2004 in particular with regard to gradients and turning areas required for the light service vehicles.
Vegetation Protection & Preservation
Vehicular pavements within the drip zone of any of the existing trees on site to be retained shall be designed to ensure that the root system water supply is maintained.  Pavements 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/or drainage and the temporary fencing prior to obtaining a Development Permit for Operational Works.
Where retained trees are located in areas proposed to be filled on site (or are located on neighbouring allotments to the actual site to be filled), there will be a need to prevent fill material from being placed on the trees root system.  To this end the design of the filling works will need to incorporate terracing around the tree or a similar means of ensuring that the natural ground level around the trees remains generally the same as existing.  These measures shall clearly be shown on the plans submitted for Operational Works approval and any drainage required to drain these areas shall also be shown on the plans.
Frontage Works
Any modifications to the existing road as a result of the proposed driveway access points, including road widening or realignment, shall be designed and constructed by the applicant.
Footpath improvements such as topsoiling, grassing, and tree planting are required to the Leslie Drive (show as Resort Drive) frontage of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.  Grass shall be couch, free of weeds.
A new 2.0m wide concrete path connecting the resort to the pathway on the opposite side of the road shall be constructed as shown on in accordance with Council’s design standards and to an alignment that protects any significant vegetation or any underground services.  A pram ramp shall be installed where the pathway crosses the kerb line.
All paths, pram ramps, driveways and parking areas shall be designed and constructed to ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
Undergrounding Power
Any connection to the site for power and telecommunications will be underground.
Roof Water & Stormwater Drainage
Roof water runoff from any new building should be directed to a rainwater storage systems or tanks.  Storages and/or tanks shall be installed to ensure water from the tanks/storages is used for external uses (such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools, outdoor cleaning, etc) in accordance with the Water Sensitive Design Code of the Noosa Plan. The location and capacity of the tanks shall be clearly shown on the plans submitted for Operational Works approval and any overflow shall be directed to the road frontage/the stormwater drainage system/etc located on Leslie Drive.
All stormwater drainage shall be managed so that:
there is no net increase in 1 year ARI peak stormwater flows from the site; and
the discharge of stormwater from the site does not affect the approved design residence time of the Noosa Springs Golf Course lake system..
All stormwater drainage shall be collected and discharged in a manner to ensure no harm to the receiving natural and built environments.
Stormwater run-off must be treated to prevent prescribed water contaminants and nutrients discharging from any part of the site at concentrations that are likely to cause cyanobacteria, algal outbreak or other adverse reaction within the Noosa Springs Golf Course lake system or other receiving waters.
The application for Operational Works must include a Water Quality Management Plan submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
Where stormwater runoff from the site will enter the Noosa Springs Lake System, the Water Quality Management Plan must be endorsed by an aquatic scientist or equivalent expert in the field of water quality management, and include the following information:
MUSIC Modelling and calculations to demonstrate that concentrations of Total Nitrogen, Total Phosphorous and prescribed water contaminants at risk of occurring in runoff from the developed site will be no more than pre-development concentration, or be of a concentration that is compatible to the water quality needs of the lake system
Monitoring protocol to confirm that any nutrients or prescribed water contaminants at risk of runoff from the development site is not responsible for adverse water quality matters within the Noosa Springs Lake System.
Where waters will bypass the Noosa Springs Lake System, the Water Quality Management Plan must include calculations certified by an RPEQ to demonstrate the following will be achieved:
the design residence times of the Noosa Springs Golf Course lake system are maintained;
an 80% reduction in Total Suspended Solids, 60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen prior to discharge of stormwater from the site.
The maintenance Schedule within the approved Water Quality Management Plan must be included within the Community Management Statement prior to commencement of use.
All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
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.
All internal reticulation sewers as indicated on Tate Professional Engineers Dwg C1732/05/F-PO5 Revision G dated 07/06/07 are to be designed and constructed in accordance with Planning Scheme Policy 6, Engineering Design Standards – Water & Sewerage.
Internal Reticulation Sewers are to discharge to existing manholes NH17/41/05 and NH17/11/19.  Where a sewer outlet traverses a separately titled Precinct E2, it shall be designed as a Council-owned sewer and be constructed in accordance with NSC requirements and contained in a registered easement in favour of Noosa Shire Council.
Town Water Supply
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.
All internal private water reticulation mains as indicated on Tate Professional Engineers Drawing C1732/05/F-PO5 Revision G dated 07/06/07 are to be designed and constructed in accordance with Planning Scheme Policy 6, Engineering Design Standards – Water & Sewerage.
A single water metered connection must be located outside the property boundary and in an easily assessable location to facilitate unhindered reading by Council and/or Council’s contracted water meter readers, and not behind fences or locked gates.  In this regard approval of the water meter configuration and location must be obtained from Council’s Water & Sewerage Capital Works Manager prior to lodgement and approval of hydraulic drawings.
The applicant is advised that this development may require the provision of fire hydrants and a booster pump in accordance with the Building Code of Australia, and consultation may also be needed with Queensland Fire Services to ensure suitable fire fighting infrastructure is provided.  To this end any necessary fire hydrants shall be clearly shown on the plans submitted for any Operational Works approval and if a booster pump is deemed necessary, the plans shall indicate where the fire truck is to be accommodated in order to provide boosting to the water supply.
Service Easements (Sewer / Stormwater)
A registered easement shall be created over the zone of influence of any sewer that traverses another parcel.  The easement shall generally be parallel to and centred over the sewer main and be equivalent in width to twice the depth to invert level of the sewer at the deepest point within the allotment (measured from the finished surface) and be no less than 3.0m wide overall.  In this regard a licensed surveyor shall accurately locate all sewer mains and determine the necessary width of the easement, which shall be shown on any plans submitted for Operational Works / Building Works approval. To this extent the surveyor shall certify that the sewer and the zone of influence is wholly contained within the easement to be created.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that the Title Deed and the easement documents will be lodged at the Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
A registered easement shall be created over any stormwater drainage pipes or pits within the site that collects stormwater from a Council road.
No building or other structure shall be constructed or encroach over an easement.
Earthworks & Site Stability
Earthworks carried out on site shall not affect the structural integrity of any of the existing land or structures that border the development site.  To this end all works shall be undertaken in accordance with the recommendations of a Geotechnical Engineer or similar qualified expert which identifies suitable building foundations and any measures that may be  required to protect the stability of adjoining buildings if Precinct E2 has been constructed and/or structures and/or land
Acid Sulfate Soils
As the site is located below the 20m AHD and above the 5m AHD, any excavation works consisting of 100m3 or greater which extends below 5m AHD 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
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.

Contributions Towards Council Infrastructure
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:
Contribution Required For:	Amount:
PSP12 – Public Open Space Contributions (Not applicable in accordance with Council letter dated 24 January 1996 and Council Decision of 1 November 2007)	$0.00
PSP16 – Sewerage Headworks Contributions	$214,056
PSP17 – Water Supply Headworks Contributions	$705,535
PSP20 – Pathway Trunk Network Contributions	$109,088
TOTAL Contribution Amount =	$1,028,679
Please note that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from December 2015 until the date of payment.
All contributions must be paid prior to commencement of the use.
Deleted.
General
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.  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.
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.
All contractors responsible for the transportation of all materials to and from the site for construction purposes shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials related to construction operations, either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle
Environmental Health
Waste Disposal shall comply with an approved Waste Management Plan prepared in accordance with Council’s PSP 11 Waste Management Plans.  The Waste Management Plan must be submitted to Council for approval prior to the issuing of a development permit for Operational Works.
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.  A roofed waste/bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap and grease arrestor.
Adequate and safe access shall be provided to all waste and recycling collection areas for Council’s Waste Contractors as per Tate Professional Engineers drawing C1732 / F/ SK137-3 Revised G.
Adequate storage areas shall be provided for all waste and recycling containers for the commercial component of the site as per drawings by Starco Developments Pty Ltd dated August 2006, No 433 – WMO3.
Street litterbins shall be provided by the applicant throughout the development and serviced by management staff and at their expense.
A provision for temporary turning for waste vehicles shall be provided should precinct E2 be developed before F or visa versa (as per additional information supplied in letter dated 12 June 2007).
Further details are required prior to operational works approval detailing the construction waste management plan and method for onsite separation, treatment and storage.
Refuse chutes must be provided in accordance with Council’s Policy for “Refuse Chutes and Accessories in Multi Storey Buildings”.
Where any food premises is included in a development, the following is required:
Plans and application is to be made to Council’s Environmental Health Section for approval prior to any building approval, fitting out or use of the premises.
A statement indicating the purpose of the food premises, type of food sold, proposed menu and maximum number of patrons at any time, is to accompany the application for plan approval.
Construction and use of the food premises should comply with Council’s Food Premises Policy and the Food Safety Standards. (Both available from Council)
Toilets for customers and staff to be provided in accordance with Building Code of Australia.  Obtain advice from a building certifier on numbers and standards, including disable access.
Plans and approval is required for any mechanical exhaust ventilation system, which should comply with AS1668.  A certificate from the installer certifying the system complies with the Standard must be obtained and lodged with Council prior to commencement of trade.
Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must obtain a Food License from Council, prior to use of those premises.
The development must be undertaken and operated in a manner that does not cause any nuisance to the amenity of other landholders and residents in the neighbourhood by reason of the creation of excessive noise, lighting or other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
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.
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: Not more than the higher of either –
40 dB(A)
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 –
50 dB(A)
5 dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
Submission of written certification from a suitably qualified person confirming that the noise levels from all mechanical equipment complies with the requirements of Noosa Council Local Law No. 12 – Control of Nuisances and the requirements of the Environmental Protection Regulation 1998.
The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.  This assessment must take into account noise from any other fixed equipment on the property e.g. swimming pool pump, heating/cooling equipment, etc that may increase the overall noise level emitted.
Advice: It is highly recommended that the person you engage to certify the installation is involved at the plan development stage so they can recommend where this equipment is best located. They can also advise about noise enclosures and can make other suggestions to avoid noise problems.  It is a lot more costly to try and deal with noise problems after everything is built.
The development shall comply with the noise management strategies contained in the report prepared by Ron Rumble Pty Ltd and dated November 2006, with the following additional details to be provided prior to issue of Operational Works to the reasonable satisfaction of Manger, Environmental Health:-
The necessary and appropriate noise control measures incorporated into the façade of the apartments and within the restaurant.  These measures should include:
Upgraded glazing and air-conditioning to the potentially affected apartments, and which apartments;
Strategically placed wing walls on balconies to screen the apartment and balconies from alfresco dining areas;
The possibility of a roof over the outdoor dining area with absorption to the underside should be explored;
Revised hours of operation to no later than midnight;
Formulate and implement a Noise Management Plan to deal with noise emissions from the premises including patron noise.
Prospective purchasers of the apartments to be advised of the noise control features, which have been incorporated into the design of the apartments and the hours of operation of the adjacent restaurant.
The Noise Management Plan referred to in Condition 82.1.4 shall be incorporated in perpetuity in the By-Laws of the Body Corp for the building.
The Noise Management Plan shall include a process for dealing with complaints and specify that the Restaurant Manager and Body Corp Manager be responsible for dealing with any noise complaints.
The location and noise attenuation for all plant and equipment is to comply with the requirement of the Environmental Protection (Noise) Policy and Noosa Council’s Local Law No 12 Control of Nuisances.
On completion of the development, a certificate by an appropriately qualified acoustic consultant shall be submitted to Council demonstrating that the development complies with the above conditions.
No specific waste collection times can be conditioned.  Waste collection will be in accordance with the current waste contractors at that time.
All liquid waste produced by the commercial section of the development is “Trade Waste” and is to be treated as required under the Noosa Trade Waste Policy prior to release to the sewer.
The hydraulic drawings are to show all the Trade Waste requirements in accordance with the Noosa Trade Waste Policy.  NB: A Trade Waste Permit must cover all types of Trade Waste discharged.
A Trade Waste Application must be submitted prior to the issue of a Development Permit for Building Works.
A completed Trade Waste application showing the Trade Waste requirements in accordance with the Noosa Trade Waste Policy are to be submitted to Council together with an applicable fee and two (2) sets of professionally drawn plans.
Trade Waste requirements are to be in place, inspected and approved prior to the commencement of trading or operation. The appropriate Trade Waste Permits will be issued following approval at final inspection.
Specific requirements
Unobstructed access is to be provided to each grease arrestor and/or pre-treatment device for cleaning and servicing.  Where access is restricted, a pump out line is required.
A place of food preparation and/or cooking is to have the liquid waste connected to a Trade Waste line, that discharges to an approved grease arrestor of a size determined by Council’s Trade Waste Policy.
The floor of the bin wash area is to fall to a bucket trap with the waste pre-treated by a grease arrestor prior to discharge to the sewer and also an appropriate backflow prevention devise is to be installed.  Rainwater is to be excluded from the bin wash area and if in excess of 700mm x700mm (max 0.5m²) it is to be roofed.
All waste water from any carwash areas shall be directed to Council’s sewer via trade waste interceptor. Should a charge be levied on the residents under Noosa Council Trade Waste Environmental Plan, carwash facilities will be charged 90% of all metered water to the premises.
referral agency conditions
The referral agency applicable to this application is:
Referral Agency	Address	Basis
Dept of Environment & Resource Management (formerly Dept of Natural Resources & Mines)	PO Box 573 Nambour	Advice Agency – Acid Sulfate Soils
		Concurrence Agency – Clearing of Vegetation
APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the assessment manager conditions.
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
The applicant is advised that this “Change to an Existing Approval” dated 10 March 2016 will result in amendments to the development contributions and infrastructure charges for the amended development proposed in Blackburne Jackson Architects plan no’s 7038-DA01 and 7038-DA04 and based on the following Uses Class/ Uses and applicable quantities:

Existing Development	Approved Development
Existing Use Class / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Detached House	1 Lot & Dwelling (Refer to contributions paid under 22980 DA Lot Reconfiguration)	Multiple Housing – Type 4 – Conventional	16 x 1 Bedroom Units 68 x 2 Bedroom Units 70 x 3 Bedroom Units
		Commercial Business – Type 1 – Office (Reception 80 m2 Back of house 25 m2 Night managers office 25 m2 Refuse room 29 m2)	159 m2 Use Area
		Entertainment & Dining Business – Type 1 – Food & Beverage (Café 75 m2 Outdoor Dining 90 m2)	165 m2 Use Area (indoor 75m2 + outdoor 90m2)
		Entertainment & Dinning Business – Type 2 – Recreation, amusement and fitness (Tourist facility) (Multipurpose Room 30 m2 Amenities 60 m2 Gymnasium 60 m2 Pool Equipment 12 m2)	162 m2 Use Area
		Retail Business – Type 2 – Shop (Convenience 50 m2)	50m2 Use Area
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. An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
This “Change to an Existing Approval” dated 10 March 2016 will trigger amendments to be made to the “Infrastructure Charge Notice” originally issued. An amended Infrastructure Charge Notice will be issued for the estimated amount of $487,640.00 and subject to variations in the Consumer Price Index, All Groups Brisbane from December 2015 until the date of payment.
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 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.
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $150,000, 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:
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.
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 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.
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.
Class 2 or 3 building in a designated bushfire prone area must comply with AS 3959.
Energy Efficiency requirements were introduced in the Building Code of Australia for Class 2, 3 and Class 4 parts of buildings from the 1 May 2005. The energy efficiency requirements do not apply to all previously constructed Class 2, 3 and Class 4 building parts prior to 1 May 2005 or substantially designed prior to the 1 May 2005.
Additional ADVISORY NOTE - 10 September 2015 & amended 10 March 2016
Infrastructure Charges
11	This Development Permit for a “Change to Existing Approval for an Extension to Relevant Period” will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (adopted charges).
This Infrastructure Charge relates only to the Public Transport and Stormwater networks previously missing from the earlier approval.
This “Change to an Existing Approval” dated 10 March 2016 will trigger amendments to be made to the “Infrastructure Charge Notice” originally issued. An amended Infrastructure Charge Notice will be issued for the estimated amount of $264,271.00 and subject to variations in the Consumer Price Index, All Groups Brisbane from December 2015 until the date of payment.
property notes
Not Applicable
PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
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 Works	Landscaping, carparking and access, site civil works, roadworks, erosion and sediment control, frontage works, stormwater drainage and filling of site.
self assessable codes
Not Applicable
submissions
Nil
reasons / grounds for appoval
Not Applicable
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.
other details
If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY Original Decision Notice - 30 August 2007 Negotiated Decision Notice  -1 November 2007, , with an amendment to Conditions 8, 11.2, 11.4, 13, 14, 20, 27, 40, 53, 64, 68, 78, 80, 81, 82.1.4, 94 with an amendment to Condition 20 to extend the relevant period until 30 August 2011. Agree to delete Conditions 3 & 18 and refuse to Change/Delete Conditions 16 & 17. Change to an Existing Approval - 6 April 2011, with an amendment to Condition 20 extending the relevant period to 1 November 2015. Change to an Existing Approval - 10 September 2011, with an amendment to Condition 20 extending the relevant period to 1 November 2017and include an additional Advisory Note 11. Change to an Existing Approval – 11 March 2016, with an amendment to Condition 2, the deletion of Conditions 11, 16 & 65, Change to Conditions 1, 4, 5, 6, 8, 12, 23, 29, 30, 31, 33, 46, 47, 48, 49, 64 & 70 and a change to Advisory Notes 1 & 2.

Yours faithfully

Kerri Coyle
Manager Planning & Environment

Encl.	Two amended Infrastructure Charge Notices, Approved Plans/Documents & Appeal Rights
cc	Unitywater & SARA Ref: SPD-0815-019961 – [email protected]

	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.

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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