Council archive · source document
132005.699.1.05 - Application to Change to Existing Approval - (shows as 699.1.05 but should be .66.05) · 132005.699.04
SCRC CORRESPONDENCE
111111 1
B0298862
X11
23 February 2011 kha
DEVELOPMENT
M A N A G E R S
Our Ref: 10018 / Office: Sunshine z0 Osn A ^V • " ^
Council Ref: 13205.699.5 (2005/0699)
Chief Executive Officer
Sunshine Coast Regional Council
Locked Bag 72
SUNSHINE COAST MAIL CENTRE QLD 4560
2011
ATTENTION: DENIS WALLACE
Dear Denis
REQUEST FOR CHANGE TO DEVELOPMENT APPROVAL CONDITIONS
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE - Multiple Dwelling (42 Units)
10 SERENITY CLOSE, NOOSA HEADS
LOT 5 SP195871
In relation to the abovementioned Development Approval originally granted on 13 October 2005 and
subsequent Change to Development Approval and Extension to Relevant Period granted by Sunshine
Coast Regional Council on 6 December 2010, on behalf of the applicant, Settlers Cove Developments,
we hereby request a change to the development approval conditions in accordance with Section 369
of the Sustainable Planning Act 2009.
Please find enclosed the following documentation to facilitate Council's assessment of the request:
• Attachment 1 - Current Decision Notice;
n Owners Consent;
n Request to Change Approval Form; and
n A cheque for the amount of $2,667, made payable to Sunshine Coast Regional Council being the
relevant Council lodgement fee for changes to 6 Conditions.
We are seeking a change to the following development conditions:
4. The Eucalyptus tereticornis trees and their surrounding native vegetation on the area
of Lot 5 (Development Approval 23118 DA) shall not be cleared until at least 25
Eucalyptus tereticornis trees have been planted, are well established and attained 3
metres in height, in the Private Open Space for Conservation & Waterways Protection
area on Lot S. These works shall be undertaken pursuant to the Environmental
Management Plan (EMP1) prepared by WBM Oceanics Australia and dated 25 July 2005
and the Ecological Restoration Plan & Specifications prepared by C&B Group and dated
May 2005. 3CC :
'T2 3 (76'
PLANNING I SURVEYING I PROJECT MANAGEMENT I COURT APPEALS
Moreton Bay Sunshine Coast North Queensland
18/42 King Street, Caboolture Old 4510 Suite 1, Corner Surf Road & Gardak Street 1C/41 Sturt Street, Townsville Old 4810
PO Box 1712, Caboolture Old 4510
p 1 07 5495 5318 r 1 07 5495 5317
Alexandra Headland Old 4572
PO Box 6380, Maroochydore B(-, Old 4558
PG Box 5027, Townsville Old 4810
p i 0''7 4 721 3056 1 1 07 4 721 3088
23
p 1 07 5443 2844 r 1 07 5443 7146
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Page 2
Proposed Change In accordance with Condition 36 of Development Approval 23118 DA, issued by Noosa Shire Council on 20 August 2004, the planting within the open space are has been completed and Lot 5 on SP15871 was cleared as part of a subsequent Operational Works Approval in compliance with this condition. Condition 4 of the subject Material Change of Use Development Approval was issued just prior to these clearing works being carried out. Due to this condition being satisfied and the site now being clear of vegetation, Condition 4 is considered to be an irrelevant and redundant condition. Condition 4 is therefore requested to be deleted. 18. All hot water systems installed shall be either solar systems; electric heat pump systems or gas systems (LPG or natural). Proposed Change Historically, only approximately 50% of the dwelling units within the Settlers Cove Development are occupied for the full duration of the year. As such, individual electric hot water heaters are considered the most practical, cost effective and sustainable heating systems for unit occupants/owners. While electric hot water systems may not be the most efficient and sustainable system for permanent full time occupancy/use, they are appropriate for visitor accommodation with 50% occupancy rates, when considering the stand by nature of a central gas hot water system, its need for an electric heat trace and the additional water'dump'. Furthermore, there are no statutory requirements that prohibit the use of individual hot water heaters within the approved building classification and therefore it is unreasonable to condition a specific style of hot water system. Condition 18 is therefore requested to be deleted. 21. A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of the work confirming compliance with the maximum building height above natural surface, required by the provisions of the Planning Scheme. Proposed Change Condition 18 is an identical repeat of Condition 11 of the Development Approval and it is therefore a superfluous condition. Condition 21 is therefore requested to be deleted. 23. All relevant conditions of Development Permit 23118 DA shall be complied with prior to the use approved under this permit (2005/0699) commencing. Proposed Change The plan of survey required by Development Permit 23118 DA has been endorsed by Council and subsequently registered. As such all conditions of this permit have been complied with and this condition is no longer relevant. Condition 23 is therefore requested to be deleted.
Page 3
46. A new 1.5 metre wide concrete path shall be constructed along the Serenity Close frontage of the site (if not already provided) in accordance with Council's design standards and to an alignment that protects any significant vegetation or any underground services. Proposed Change In accordance with Condition 124 of Development Approval 23118 DA, issued by Noosa Shire Council on 20 August 2004, the 1.5m pathway was constructed as part of a subsequent Operational Works Approval to satisfy this Condition. Condition 46 of the subject Material Change of Use Development Approval was issued just prior to these works being carried out. Due to the fact the concrete path has now been constructed, Condition 46 is considered to be an irrelevant and redundant Condition. Condition 46 is therefore requested to be deleted. 47. All paths shall be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish. Proposed Change Condition 47 is requested to be deleted in lieu of the justification provided for Condition 46. Should you have any questions with respect to the above, please do not hesitate to contact me direct. Yours faithfully KHA DEVELOPMENT MANAGERS
Page 4
ATTACHMENT 1 CURRENT DECISION NOTICE [OCR of page images] ATTACHMENT 1 CURRENT DECISION NOTICE
Page 5
Sunshine Coast Regional Council r 07 5475 7272
Sunshine Coast Locked Bag 72
Sunshine Coast Mail Centre Q 4560
I 07 5475 7277
t: [email protected]
Council ABN 37 876 973 913 W www.sunshinecoast.qld.gov.au
Officer: Denis Wallace
Direct Telephone: 07) 5449 5179
Fax: (07) 5475 7277
Response Address: Locked Bag 72, SCMC 4560
Our Reference: DWO08:AE:13.2005.699.5
Your Reference:
6 December 2010
Settlers Cove Developments
PO Box 1923
NOOSA HEADS QLD 4567
Dear Sir
Change to Existing Approval & Extension to Relevant Period
Sustainable Planning Act 2009
I refer to your request dated 21 October 2010 to make a permissible change to an existing
approval and to extend the relevant period for an existing approval granted on
13 October 2005. On 2 December 2010, Council decided your requested changes.
Details of the decision are as follows:,
1 APPLICATION DETAILS
Application No: 132005.699.5 (2005/0699)
Street Address: 10 Serenity Close NOOSA HEADS
Real Property Description: Lot 5 SP 195871
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 - Multiple Dwelling (42 Units)
In relation to the request to make a change to the existing approval, Council on 1 August 2008
decided to: -
A. Approve a change to Conditions 1, 3, 5, 9, 30, 31, 32, 34 & 36
B. Delete Conditions 19 & 35
C. Include an additional condition
D. Issue a Change to an Existing Approval
Page 1 of 15
Caloundra Office Maroochydore Office Nambour Office Tewantin Office
1 Omrah Avenue 11-13 Ocean Street Cnr Currie and Bury Streets 9 Pelican Street
Caloundra Q 4551 Maroochydore Q 4558 Nambour Q 4560 Tewantin Q 4565
1 07 5420 8200 f 07 5475 8501 T 07 5475 8501 T 07 5449 5200
F 07 5420 8900 1 07 5441 8338 F 07 5441 8338 F 07 5447 1062
Page 6
132005.699.5
In relation to the request to make a change to the existing approval, Council on 18 December
2008 decided to: -
A. Approve a change to Conditions 24 & 46
B. Issue a Change to an Existing Approval
In relation to the request to make a change to the existing approval, Council on 5 March 2010
decided to:-
A. Approve a change to Condition 16.
B. Issue a Change to an Existing Approval
In relation to the request to make a change to the existing approval, Council on 2 December
2010 decided to:
A. Agree to extend the relevant period until 2 December 2014
B. Agree to amend Conditions 1, 5, 7, 9, 16, 25, 26, 29, 31, 32, 33, 34 & 65, and Advisory
Note 1
C. Agree to delete Condition 24
D. Issue a Change to Existing Approval & Extension to Relevant Period
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is identified in the Assessment Manager
conditions
4 CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are prepared by Cape Bouvard
Pty Ltd and numbered:
Plan / Rev. Plan 1 Document Name Date
Document No.
DA 02 P Basement Masterplan 20 October 2010
DA 03 P Stage 3 - lluka & Emerald - Site Master Plan 20 October 2010
DA 04 P Stage 3 - Roof Level Masterplan (Setbacks) 20 October 2010
DA 07 P Stage 3A - Iluka - Basement Plan 20 October 2010
DA 08 P Stage 3A - Iluka - Level 1 Floorplan 20 October 2010
DA 09 P Stage 3A - Iluka - Level 2 Floorplan 20 October 2010
DA 10 P Stage 3A - Iluka - Level 3 Floorplan 20 October 2010
DA 11 P Stage 3A - lluka - Level 4 Floorplan 20 October 2010
DA 12 P Stage 3A - Iluka - Elevations 1 20 October 2010
DA 13 P Stage 3A - Iluka - Elevations 2 20 October 2010
DA 15 P Stage 3B - Emerald - Basement Plan 20 October 2010
DA 16 P Stage 3A - Emerald -Level 1 Floorplan 20 October 2010
DA 17 P Stage 3A - Emerald - Level 2 Floorplan 20 October 2010
DA 18 P Stage 3A - Emerald - Level 3 Floorplan 20 October 2010
Page 2 of 15
Page 7
132005.699.5
DA 19 P Stage 3A - Emerald - Level 4 Floorplan 20 October 2010
DA 20 P Stage 3A - Emerald - Elevations 1 20 October 2010
DA 21 P Stage 3A - Emerald - Elevations 2 20 October 2010
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 within the area of the site able to be developed
excluding the area of the site included in the Retained & Enhanced Vegetation, are to be
landscaped in accordance with Council's Policy on Landscaping Guidelines and a
properly prepared landscape plan. Such landscaping is to be completed prior to the
premises being occupied and maintained at all times thereafter and shall include:
3.1 retention of existing trees within the side and front setback areas, except where
their removal would be necessary as a result of approved building or operational
works;
3.2 retention of existing trees between the building and the area of the site identified
as Open Space Conservation & Waterway on Drawing No. 881228/E, titled 'Metes
& Bounds Plan for Private Open Space for Conservation and Waterways
Protection on Residential High Density (RHD) and dated 30 June 2004, except
where their removal would be necessary as a result of approved building or
operational works or the requirements of the Bushfire Management Plan;
3.3 incorporation of koala and glossy black cockatoo food trees; and
3.4 mature planting, including a minimum of 3 x 100 litre native trees and 20 x 45 litre
native trees.
4. The Eucalyptus tereticornis trees and their surrounding native vegetation on the area of
Lot 5 (Development Approval 23118 DA) shall not be cleared until at least 25 Eucalyptus
tereticornis trees have been planted, are well established and attained 3 metres in
height, in the Private Open Space for Conservation & Waterways Protection area on Lot
5. These works shall be undertaken pursuant to the Environmental Management Plan
(EMP1) prepared by WBM Oceanics Australia and dated 25 July 2005 and the
Ecological Restoration Plan & Specifications prepared by C&B Group and dated May
2005.
5. An easement in favour of the general public shall be provided over the pathway
proposed along the site's southern boundary and through the Private Open Space for
Conservation & Waterways Protection Area as shown on drawing No. 0215.5-6.SK04A
prepared by Stephen Kidd Design, or alternatively, as shown on drawing no. DA 03
Revision P prepared by Cape Bouvard Pty Ltd and dated 20 October 2010. The
pathway shall be constructed to provide for pedestrian access for the general public
during daylight hours 7am to 7pm, 7 days a week and shall be constructed in
accordance with the approved Management Plans for the site.
6. Any fencing provided in conjunction with the development is to be setback at least 1
metre from the road frontage with at least half of any fence setback 2 metres. Dense
landscaping is to be provided between the road frontage and any fencing.
7. The visitor parking spaces at the frontage of the site shall be set back a minimum of
2 metres from the front boundary to allow for soft landscaping to be established.
8. The rooftop terraces shall not be covered, with any fixed structure or the like.
Page 3 of 15
Page 8
132005.699.5
9. Any pools, spas, terraces, pathways or the like shall be setback a minimum of 6 metres
from the Private Open Space for Conservation & Waterways Protection, with
excavations undertaken to minimise any impacts on vegetation in the adjoining Private
Open Space for Conservation & Waterways Protection.
10. The building shall not exceed 15 metres in height measured from the natural and
finished ground level in accordance with the Planning Scheme.
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 the work confirming compliance with the
maximum building height above natural surface, required by the provisions of the
Planning Scheme.
12. Existing trees on the site and within road reserves are to be retained except where
required to be removed due to building operations, requirements of the Bushfire
Management Plan & the Ecological Restoration Plan or the conduct of the approved
use.
13. Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
14. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000
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.
15. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call :,ipon the bond or guaranteed sum referred to
in this approval to effect compliance with conditions.
16. This Development Permit for a material change of use lapses if the use has not
happened by 2 December 2014, during this time all associated works (including both
the Illuka and Emerald stages of the development) must be completed.
17. 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.
18. All hot water systems installed shall be either solar systems; electric heat pump systems
or gas systems (LPG or natural).
19. Deleted.
20. The proposed development shall have all kitchen, laundry and bathroom fittings that
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 AAAA
Water Conservation Rating System. All tap ware and shower roses shall not exceed a
maximum flow of 9 litres per min. Dishwashers, baths, spa baths and washing
machines are excluded from this requirement.
Building Services
21. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of the work confirming compliance with the
maximum building height above natural surface, required by the provisions of the
Planning Scheme.
22. Numerous geotechnical reports for this site have been tendered since 1979 and these
have been sourced and referenced so the following conditions apply to the site without
reference to Council's Consulting Engineer - Coffey Geosciences.
22.1 There is to be no uncontrolled discharge of water onto the slope;
Page 4 of 15
Page 9
132005.699.5
22.2 Stripping of vegetation for construction purposes should be minimised. If
vegetation is destroyed it should be reinstated immediately after construction is
completed;
22.3 Additional load due to fill, construction equipment or stockpiled materials should
not be located on the dune slope;
22.4 Vibration monitoring is to be carried out by the geotechnical engineer and
appropriate action taken should vibration effects be a concern.
22.5 A RPEQ is to be engaged by the client to oversee the piling works.
22.6 The construction of the whole of the foundations is to be carried out in accordance
with the recommendations of the applicant's consulting Geotechnical engineer,
including any on-site supervision required by these recommendations. Such
works shall only be carried out during dry weather conditions and if there is a risk
of sand movement occurring, all work shall be suspended until such steps,
approved by the applicant's consulting Geotechnical engineer have been
undertaken to ensure that no further slippage will result.
Land Development
23. All relevant conditions of Development Permit 23118 DA shall be complied with prior to
the use approved under this permit (2005/0699) commencing.
Lot Amalgamation
24. Deleted.
Vehicle Access
25. A 6.0 metre wide concrete crossover driveway shall be constructed from Serenity Close
generally in accordance with Council's Standard Drawing SEQ R-051.
26. The driveway shall be designed and constructed to Council's design standards and to
grades that prevent vehicles from scraping and/or bottoming whilst also allowing
pedestrians movements along the footpath without any level difference. Should any
driveways be constructed to grades that do not comply with Council's Standards or
AS/NZS 2890.1-2004.
Council will require that the driveway be removed and reconstructed to levels that do
comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is
preferred to have the footpath continue at a constant grade to minimise the potential for
pedestrians to trip or fall.
27. All vehicles shall enter and leave the site in a forward direction.
28. Full engineering details of the proposed driveway and carparking area shall be
submitted for approval prior to obtaining a Development Permit for Operational Works.
Internal Driveways
29. The development shall have an internal driveway that complies with the width and grade
requirements as set out in AS/NZ2890.1-2004.
Service Bay
30. A shared service bay for small delivery/maintenance vehicles and visitor parking shall be
made available on site. This space shall be clearly line-marked and sign posted for use
by Service Vehicles between the hours of 6am to 6pm. Outside of the specified hours
the space could be used as a standard visitor space.
Page 5 of 15
Page 10
132005.699,5
Carparking
31. Carparking shall be provided within the site as generally shown on drawing number
DA02 Revision P dated 20 October 2010 prepared by Cape Bouvard Investments Pty
Ltd, except as modified herein.
32. A minimum of 84 carpark spaces shall be provided on site generally as shown on
drawing number DA02 Revision P dated 20 October 2010 prepared by Cape Bouvard
Investments Pty Ltd, comprising:
32.1 Seventy-two (72) under cover resident carpark spaces and a minimum of five (5)
under cover visitor carpark spaces (within the basement), including 2 disabled
spaces. The visitor spaces shall be accessible via an intercom facility at the
basement entrance.
32.2 Four (4) uncovered carpark spaces (towards the frontage of the building and the
development site), consisting of 2 standard spaces and 2 disabled spaces.
32.3 Deleted.
33. All carparking areas shall be designed to comply with the provisions of AS/NZS 2890.1-
2004 with a minimum head clearance (headroom) at any point of 2.2m.
34. All carpark spaces shall be clearly defined by line marking each space and by providing
appropriate signage. To this extent:
34.1 Deleted.
34.2 The tandem carpark spaces within the basement must be line-marked and signed
so that visitors can only park behind the car parking space assigned to the
resident that they are visiting.
34.3 Deleted.
34.4 Deleted.
34.5 The uncovered carpark spaces (towards the frontage of the development) must be
line-marked and signed specifically for "Visitor Parking Only". In addition, these
spaces shall be restricted to short term parking only with a maximum time limit of 2
hours.
34.6 All carparking spaces as defined shall remain as parking spaces and are not to be
converted to storage or enclosed.
The requirements of this condition are to be included in the Community Management
Statement for the development.
35. Deleted.
36. Carparking spaces adjacent to the car turning areas shall be provided with a bollard or
other similar device to protect any vehicle parked in these spaces from being damaged
by vehicles using the turning areas.
37. Vehicle speeds within the basement shall be controlled by appropriate advisory speed
signs and through the provision of speed humps.
38. Access to the visitor car parking in the basement shall be controlled via an intercom
system, which ensures that these spaces are available to visitors.
39. A small sign shall be installed within the site (in a clearly visible location for all vehicles
to see near the entry gates) to advise visitors that visitor car parking spaces are
provided within the basement carpark and to use the intercom system to contact the
manager or the unit they are visiting to enable entry to the basement and to these
spaces.
Page 6 of 15
Page 11
132005.699.5
Vegetation Protection
40. All trees to be retained shall be clearly defined on all drawings and clearly marked on
site to prevent any damage occurring to these trees.
41. Any works required within the drip zone of any trees to be retained shall be carried out
by hand, not by machinery.
42. The internal driveway (or any other form of hard pavement for that matter) within the drip
zone of any trees on site to be retained shall be designed to allow the flow of water
through the pavement or be designed to direct stormwater runoff to the trees root
system. To this extent the uncovered visitor spaces towards the frontage of the
development may be able to incorporate Grass Rings or a similar device that allows
water penetration.
43. All pavements shall be constructed so as not to damage the root system of any trees to
be retained and in this regard temporary fencing shall be provided around the trees
during construction to help protect them.
44. Plans shall be submitted to the Council for approval that clearly show the type and
extent of pavements proposed, how they comply with the above conditions and also
illustrating any temporary fencing to protect the trees prior to obtaining a Development
Permit for Operational Works.
Frontage Works
45. Footpath improvements such as topsoiling, grassing, and tree planting are required to
the Serenity Close frontage of the site (if not already provided) in accordance with
Planning Scheme Policy PSP1 Landscaping Guidelines. Grass shall be couch, free of
%
weeds.
46. A new 1.5 metre wide concrete path shall be constructed along the Serenity Close
frontage of the site (if not already provided) in accordance with Council's design
standards and to an alignment that protects any significant vegetation or any
underground services.
47. All paths shall be designed and constructed to ensure pedestrian safety using non-slip
materials and to produce an evenly graded surface finish.
Stormwater Drainage
48. A stormwater management plan shall be prepared by a RPEQ, specialising in
stormwater and water quality management incorporating the principles of the
Environmental Management Plan for the Settlers Cove Development 23118DA, that
demonstrates water reuse strategies, infrastructure capacity and effective treatment
methodology. The use of rainwater harvesting tanks for irrigation purposes shall be
incorporated in the overall design plans. These plans shall be submitted to Council for
approval prior to obtaining a Development Permit for Operational Works.
49. All stormwater drainage shall be collected on site and discharged so there is no net
increase in stormwater runoff from the site.
50. A stormwater holding tank shall be provided on site with a capacity to hold at least
40,000 litres of water for the purpose of providing non-potable water supply to
landscaped areas.
51. On site swale drains will be required to capture and direct any overland stormwater
runoff to the Infiltration Pits proposed on site. These swales shall be sized to carry a 3-
month storm event and plans detailing their capacity, location, length, width and grades
shall be submitted to Council for approval.
Page 7 of 15
Page 12
132005.699.5
52. To ensure polluted run-off does not enter any of the proposed Infiltration Pits, and
ultimately the water table, stormwater run-off from the carparking areas and the
driveways shall have the first flush (the first 12 mm of rainfall or hose-down) collected in
a grease/oil arrestor (or similar device) provided on site prior to discharging into the
infiltration pits.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
arrestors, which shall be submitted to the Council for approval prior to obtaining a
Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the Community Management
Scheme for the development and a copy of this shall be provided for Council's records
prior to commencement of the approved Use.
All other clean stormwater, such as roof water, can be collected on site and discharged
directly into the infiltration pits, bypassing the grease/oil arrestor.
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.
53. All site stormwater drainage shall be by means of a gravity system.
54. Plans of the entire on site drainage design shall be prepared by a Registered
Professional Civil Engineer and submitted to Council prior to obtaining a Development
Permit for Operational Works.
Sewer Mains
55. 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
56. 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.
57. Each water connection to the water reticulation system shall extend to the property
boundary and be metered. Where multiple units are served by a single service, multiple
water meters to each individual unit and for the body corporate shall be installed. All
fees for the supply of water meters shall be paid to the Council.
Service Easements
58. All existing and proposed easements within the site shall be shown on the plans
submitted for Operational Works / Building Works approval.
59. Registered easements shall be created over any Council service within the subject site
in accordance with Council's requirements (if not already created) and at no cost to
Council.
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.
Page 8 of 15
Page 13
132005.699.5
Earthworks
60. Plans and details outlining the extent of earthworks required on site and any trees to be
retained shall be submitted to Council for approval prior to obtaining a Development
Permit for Operational Works.
61. All major excavations (including the basement and driveways) shall be shored to prevent
batters extending into areas and vegetation that are to be retained. All trees to be
retained should be adequately tagged to Council's satisfaction and enclosed with a
barrier fence to the drip line to prevent damage.
62. It is recommended that the applicant employ the services of a Geotechnical Engineer to
supervise and certify the earthworks required on site and measures to ensure stability of
adjoining land and structures.
63. Earthworks shall not cause the ponding of water on any adjoining lands or the blockage
of, or interference with, any natural watercourses or overland flow path.
Erosion and Sediment Control
64. 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,
controlled disposal of waste, catch drains, and temporary infiltration or sump pump-outs
will be necessary.
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. The applicant is advised that a simple silt fence by itself is unlikely
to meet the objectives of best practice for Erosion & Sediment Control.
Construction Issues
65. A Construction Management Plan addressing all construction phases, including traffic
management, shall be prepared and submitted to Council for approval prior to obtaining
a Development Permit for Operational Works.
The report should aim to address every foreseeable problem that could occur during the
construction process and include recommendations on how these can be overcome or
minimised. The report shall be to the reasonable satisfaction of Council's Coordinator -
Development Construction.
Community Management Statement Requirements
66. The Applicant and all future owners of the site shall comply with the Environmental
Management Plan (EMP) for Settlers Cove Development 23118 DA and compliance with
the EMP shall be referenced in any community management statement over the site.
67. The Fire Management Plan is to be implemented by the Developer and future owners of
the site and is to be referenced in any community management statement.
68. The owners of the allotment and subsequent units shall not object to the construction of
a boardwalk along Noosa Inlet beside allotment 5 & 6 for the purpose of providing public
access. Any Community Management Statement established over these allotments shall
also detail that the body corporate will not object to the provision of a boardwalk as
detailed above.
General
69. A Registered Professional Engineer of Queensland shall certify engineering drawings
and specifications for all engineering works, which shall be submitted in conjunction with
an application for a Development Permit for Operational Works.
70. 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.
Page 9 of 15
Page 14
132005.699.5
71. 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.
72. 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
73. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy "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 wash down area is required with a cold-water tap,
hose and drain outlet connected to sewer.
74. Refuse chutes must be provided in accordance with Council's Policy for "Refuse Chutes
and Accessories in Multi Storey Buildings".
75. Noise emission from swimming pool and spa equipment (including heating equipment)
shall comply with the following requirements:
75.1 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.
75.2 A person must not use equipment on any day if it makes or causes noise to be
made -
75.2.1 From 10pm to lam: Which is audible outside the most exposed part of an
affected building
75.2.2 From 7am to 7pm: More than the lower of either -
• 50 dB(A)
• dB(A) above the background noise level
75.2.3 From 7pm to 10pm: More than 3 dB(A) above the background noise level.
76. Noise emission from air conditioning equipment shall comply with the following
requirements:
76.1 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.
76.2 Submission of written certification from a suitably qualified person confirming that
the noise levels comply when measured at either the residential boundary or
outside the most exposed part of an affected building, whichever is the closest to
the equipment. This is required immediately after installation of the equipment and
prior to any occupation of the building, and in a format approved by Council.
76.3 A person must not use equipment on any day if it makes or causes noise to be
made -
76.3.1 From 10pm to 7am: More than the lower of either -
• 40 dB(A)
• 3 dB(A) above the background noise level
Page 10 of 15
Page 15
132005.699.5
76.3.2 From 7am to 7pm: More than the lower of either -
• 50 dB(A)
• 5 dB(A) above the background noise level
76.3.3 From 7pm to 10pm: More than 3 dB(A) above the background noise level.
77. Noise from building works associated with residential development shall comply with the
following -
77.1 Limited to between 7:00am to 6:30pm Monday to Saturday.
77.2 All reasonable measures are taken to minimise noise emissions.
77.3 Not permitted on Sunday or public holidays.
78. As the development is in close proximity to mosquito and midge breeding area all
windows and doors are to be screened. The developer has to conduct an
educational/awareness campaign for all residents.
79. The external finishes of the building shall be of muted tones that blend in with the
surrounding bushland setting and minimise the building's visibility when viewed from
outside the Serenity Close as generally depicted on the proposed colour palette
prepared by Blackburne Jackson Design and dated 22 April 2008.
5 REFERRAL AGENCY CONDITIONS
Not Applicable
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the
following tables:
ADDroved Plans
Plan / Document No. Rev. Plan / Document Name Date
DA 02 P Basement Masterplan 20 October 2010
DA 03 P Stage 3 - Iluka & Emerald - Site Master Plan 20 October 2010
DA 04 P Stage 3 - Roof Level Masterplan (Setbacks) 20 October 2010
DA 07 P Stage 3A - Iluka - Basement Plan 20 October 2010
DA 08 P Stage 3A - Iluka - Level 1 Floorplan 20 October 2010
DA 09 P Stage 3A - Iluka - Level 2 Floorplan 20 October 2010
DA 10 P Stage 3A - Iluka - Level 3 Floorplan 20 October 2010
DA 11 P Stage 3A - Iluka - Level 4 Floorplan 20 October 2010
DA 12 P Stage 3A - Iluka - Elevations 1 20 October 2010
DA 13 P Stage 3A - Iluka - Elevations 2 20 October 2010
DA 15 P Stage 3B - Emerald - Basement Plan 20 October 2010
DA 16 P Stage 3A - Emerald -Level 1 Floorplan 20 October 2010
DA 17 P Stage 3A - Emerald - Level 2 Floorplan 20 October 2010
DA 18 P Stage 3A - Emerald - Level 3 Floorplan 20 October 2010
Page 11 of 15
Page 16
132005.699.5
DA 19 P Stage 3A - Emerald - Level 4 Floorplan 20 October 2010
DA 20 P Stage 3A - Emerald - Elevations 1 20 October 2010
DA 21 P Stage 3A - Emerald - Elevations 2 20 October 2010
7 PLANS/DOCUMENTS REQUIRING AMENDMENT 1
Not Applicable.
8 ADVISORY NOTES 1
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. 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 $73,370 and is subject to variations in the
Consumer Price Index, All Groups Brisbane from September 2010 until the date of
payment. An Infrastructure Charge Notice will be issued in accordance with Chapter 5
of the Integrated Planning Act 1997.
2. 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:-
2.1 On a Sunday or public holiday, at any time, or
2.2 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.
3. We advise 'interested parties' i.e. 'developer', 'owner', 'tenant' to consider their
responsibilities under the Disability Discrimination Act (DDA) in regard to the installation
of disabled access and the provision of disabled facilities, and that access to this
building and the provision of sanitary facilities may need to comply with the requirements
of Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia.
4. 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 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.
5. 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.
6. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be
placed where it could reasonably be expected to move into a roadside gutter,
stormwater drain or a water course. On the spot fines apply for such offences.
Page 12 of 15
Page 17
132005.699.5
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: "A person who
carries out an activity must take all reasonable and practicable measures to ensure the activity
does not harm Aboriginal cultural heritage." 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 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 3239 3647 to discuss any
obligations under the ACH Act.
9 PROPERTY NOTES
Not Applicable.
110 PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
11 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/or Carparking, Site
Works Civil Works, Stormwater Drainage, Frontage
Works, Sewer Reticulation if not already
installed, Water Reticulation if not already
installed, Site Earthworks, Excavation of
Materials to Fill Another Site
112 SELF ASSESSABLE CODES
Not Applicable
113 SUBMISSIONS
There was one properly made submission about the application.
114 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME 1
Not Applicable
115 RIGHTS OF APPEAL 1
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
the Sustainable Planning Act 2009 is attached.
Page 13 of 15
Page 18
132005.699.5
116 OTHER DETAILS
If you wish to obtain more information about Council's decision, electronic copies of which are
available on line at www.sunshinecoast.gld.gov.au, or at Council offices.
Decision Notice History
13 October 2005 Original Decision Notice.
1 August 2008 Change to an Existing Approval with amendment to Conditions 1, 3, 5, 9, 30,
31, 32 34 & 36 and inclusion of an additional condition.
18 December 2008 Change to an Existing Approval with amendment to Conditions 24 & 46.
5 March 2010 Change to an Existing Approval with amendment to Condition No. 16.
2 December 2010 Change to Existing Approval and Extension to Relevant Period with
amendment to Conditions 1, 5, 7, 9, 16, 25, 26, 29, 31, 32, 33, 34 & 65, and
Advisory Note 1 and deletion of Condition 24
Yours faithfully
DENIS WALLACE
SENIOR DEVELOPMENT PLANNER
Encl. Appeal Rights
Approved Plans/Documents
Infrastructure Charge Notice (IC 331 - Rev 1)
Page 14 of 15
Page 19
132005.699.5
Sunshine Coast Appeal Rights
Regional Cc,t n it SUSTAINABLE PLANNING ACT 2009 & SUS IAINABLL- PLANNING
REGULATION 2009
The following is an extract from the Sustainable
Planning Act 2009 (Chapter 7)
465 Appeals about decisions relating to
extensions for approvals
(1) For a development approval given for a
development application, a person to whom a
notice is given under section 389, other than a
notice for a decision under section 386(2), may
appeal to the court against the decision in the
notice.
(2) The appeal must be started within 20 business
days after the day the notice of the decision is
given to the person.
(3) Also, a person who has made a request under
section 383 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 clay the decision on the
matter should have been made.
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.
Page 15 of 15
Page 20
Sunshine Coast Request to Change Existing Approval and/or
Ro jiin_i Council
Extension to Relevant Period
NOTES: Which entity issued the approval?
ALL questions MUST be completed unless the form indicates SI/ Sunshine Coast Regional Council
otherwise. Other entity - please specify:
This form must be submitted to Council accompanied by the
Is the approval for a mobile and temporary ERA?
applicable fee.
Attach extra pages if there is insufficient space on the form. 7 No
If Council was the Assessment Manager for the existing approval, Yes - complete below
and the approval was issued by the Court, then:-
Insert the name of each local government area in which the
(a) a request to change the development approval and/or mobile and temporary ERA is proposed to
conditions is made to the Court, and
operate/operating.
(b) a request to extend the relevant period for the approval is
made to Council.
All terms used on the form have the meaning given in the
Sustainable Planning Act 2009 or the Sustainable Planning
Regulation 2009. 3. Nature of request
Please tick ALL applicable categories
C Details of the person making the request
To change the development approval
Full name - individual or company V To change the development conditions
To extend the relevant period before lapsing
Tf1wcl-5 Cove PCvvLO? s Q- kA ^
0ErEL"OF>"E 4T MM)A4eL3 Please attach documentation outlining the details of
Contact name -for company
and the reasons and justification for the requested
5 c.O1r SOgE(
change or extension.
Postal address
I 4. Location of the premises 1
PO oh 63 8D
mA.0,oo(_H yoo(ia Gc. G-LD Street address
Postcode 4 ^S Unit no. Street no. Street name
Contact phone number Fax number - if applicable 10 .SER^iJI^ y Ct_vSE
Suburb Postcode
0'1 75 -i 4 28 44 D'1 54 4.3 -1 1 b
NOOK VkCADS 456
Mobile number - if applicable
Lot and plan description
Lot no. Plan type & plan no.
E-mail address - if applicable
`j SP 195811
Scoi't . 50 .cnkAd s . ov, . au -71
2. Details of the existing approval
Type of approval - please tick ALL applicable categories
Development Permit
Preliminary Approval 5. Concurrence Agencies
Compliance Permit Was there one or more concurrence agencies involved in
Material Change of Use the original approval?
Reconfiguring a Lot No
V
Operational Works Yes - provide details below
Building Works Note - Under s372 of the Sustainable Planning Act 2009 the person
Plumbing or Drainage Works making the request is required to give a copy of this request to all
concurrence agencies.
Compliance Certificate
Environmentally Relevant Activity (ERA) Concurrence Agency Date copy given
Application number Date issued / /
/ /
13 2°0 5. 659 . 5 i3 /to/ Zoo5
( -Loo 5 0(09`1)
Page 1 of 2
Page 21
6. Pre-request response notice 8. Does the request involve a State resource
prescribed under the Sustainable Planning
Has a pre-request response notice been given by a relevant
Regulation 2009, Schedule 14?
entity (e.g. a concurrence agency) for this request?
No No
Yes Yes - complete Table C below
If yes, please attach a copy of the notice.
Table C - State owned resource
Nature of State owned resource
7. Owner's consent
Is the owner's consent required for this request?
No Nature of evidence required
Yes - complete either Table A or Table B below Evidence of allocation of /entitlement to, the resource
Note - If more than one owner of the land all owners' details are Evidence the chief executive has agreed to the request
required.
Attach a copy of the evidence required above.
Table A - owner's consent provided on form
Owner's name/s NOTES: For question 8
Section 370(3) and (4) of the Sustainable Planning Act 2009 requires
I/We, the above-mentioned owner/s of the land, consent to that Ian application for the development approval were mode at
the making of this request. the time of making this request and evidence under section 264(1) of
Signature/s the Sustainable Planning Act 2009 would be required to support the
application, this request must be accompanied by the written
Date agreement of the chief executive from whom evidence would be
required under section 264(1).
Section 264 of the Sustainable Planning Act 2009 provides that if a
development involves a State resource, a regulation may require the
Table B - owner's consent attached application to be supported by certain evidence prescribed under
Owner's name/s C13D SEn-L tz LOV6 regulation. Schedule 14 of the Sustainable Planning Regulation 2009
pty L-r D prescribes the State resources for which evidence is required to be
I[The owner's written consent is attached. given, and the evidence required, to support the application.
9. Applicant's declaration 1
NOTES: For question 7
Under section 371 of the Sustainable Planning Act 2009, if the Signature/s:
person making the request is not the owner of the land to which the
approval relates, the request must be accompanied by the owner's
consent.
However, owner's consent is not required if the approval:
• By making this request, I detlar4 that all information in this
relates to land the was acquisition land to which section
263(2)(d) of the Sustainable Planning Act 2009 applied when request is true and correct.
the application for the approval was made; or
• is for building work or operational work for the supply of
community infrastructure on land designated for the
community infrastructure; or
• the consent of the owner would not be required under section
263(1) of the Sustainable Planning Act 2009 if a development
application were mode for the requested change.
Also, owner's consent is not required if the Assessment Manager is
satisfied that:
• the number of owners of the land make it impractical to obtain
owners' consent and the requested change does not materially
affect the owners' land; or
• having regard to the nature of the proposed change, the owner
has unreasonably withheld consent and the requested change
does not materially affect the owner's land.
PD-DA-FM401/1-30/04/2010 Page 2 of 2
Page 22
Our Ref: 10018 / Office: Sunshine Coast
Chief Executive Officer
Sunshine Coast Regional Council
Locked Bag 72
SUNSHINE COAST MAIL CENTRE QLD 4560
Dear Sir/ Madam
LANDOWNER'S CONSENT
REQUEST TO CHANGE CONDITIONS - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF
USE - MULTIPLE DWELLING (42 UNITS) FILE REF:132005.699.5 (2005/0699)
10 SERENITY CLOSE, NOOSA HEADS
LOT 5 SP195871
We, CBD SETTLERS COVE PTY LTD ACN 114 192 773, as owner of land at 10 SERENITY CLOSE,
NOOSA HEADS, described as LOT 5 SP195871, hereby consent to the making of a development
application under the Sustainable Planning Act 2009 by KHA Development Managers for the
abovementioned application.
G^ s ... . ............................ Date....: ..... ...l ....
NAME:
Date ...................................
NAME:
Page 23
Appointing a person or persons as your attorney
As principal (the person making the appointment), you
complete this form by writing your responses on the lines and
ticking the appropriate boxes. Then sign the form and have
your signature witnessed. Any adult may witness your
signature. However, if this power of attorney is required to be
registered under the Land Titles Act, the witness must be a
justice of the peace, a commissioner for declarations, a lawyer
or a notary public.
Appointment of attorney or attorneys
1. CBD SETTLERS COVE PTY LTD ACN 114 192 773 of Level 5, 181 St Georges Terrace,
Perth WA 6000 appoint the following person as my attorney: GARY MICHAEL GODFREY of
6 Daybreak Court, Castaways Beach QId 4567.
2. Are you appointing more than one attorney?
® No 4 Go to clause 4.
q Yes.
3. How do you prefer that they make their decisions? (rick one box only)
q Severally (any one of them may decide)
q Jointly (unanimously)
q As a majority (specify e.g. simple majority, two-thirds majority, etc.)
q Other*
Note: The Powers of Attorney Act 1998 allows you to appoint successive attorney/s for a matter so that the
power is given to a particular attorney only when power to a previous attorney ends. You can nominate the
circumstances that a power will end leg. if x leaves the jurisdiction, y may act).
4. The attorney/s power Is subject to the following terms:
To execute any statutory and local authority application for approval and any associated
documentation including but not limited to those for land use, land development and building,
and including but not limited to applications for Reconfiguration of Lot, Material Change of
Use and Operational Works relating to the development known as Settlers Cove Noosa
Heads owned by CBD Settlers Cove Pty Ltd ACN 114 192 773 being part of what was
originally lot 4 on SP100064, County of March, Parish of Weyba.
5. The power given to my attorneyls begins:
® immediately.
q on this date:
(Write here the date when you want the appointed person/s to begin acting as your attorney.)
q on this occasion:
[Write here the occasion on which you want the appointed person/s to begin acting as your attorney.]
Note: If you do not complete clause 5, the power begins immediately.
6. This powet^of a torney gives my attorney/s power to do, on my behalf, anything that I
could lawfully d by an attorney (other than a personallhealth matter), subject to the
above terns.
(Director) [Director/Secretary]
............................. .. Z.. BD SETTLERS COVE PTY LTD ACN 114 192 773
S:1D0umeMS%516571CLH_51657_037.000 2
Used in these records
132005.699.1.05 - Application to Change to Existing Approval - (shows as 699.1.05 but should be .66.05)Related documentApplication case desk ↗
132005.699.1.05 - Application to Change to Existing Approval - (shows as 699.1.05 but should be .66.05)Related documentApplication case desk ↗
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