JUDGEMENT Consent

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1 APPLICATION DETAILS |

Application No: MCU14/0039 REC15/0012

Street Address: 271) & 305 Lake Macdonald Drive, Lake Macdonald
Real Property Description: Lots 1 & 2 SP 108094

Planning Scheme: The Noosa Plan (16 September 2013)

2 DECISION DETAILS

The following type of approval has| been issued:

. Development Permit for Material Change of Use of Premises - Cultivation Type 2 —
Intensive

. Development Permit for Reconfiguring a Lot (Access Easement)
3 RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this
development approval takes effect!
4 CONDITIONS |
Development Permit for Material Change of Use - Cultivation Type 2 - Intensive

(Greenhouse)

PLANNING
When Conditions must be Complied With

1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
within three months of the|date of this approval, and then compliance maintained at all

times while the use continues.
Approved Plans

2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table

unless otherwise amended by these conditions.

| Plan No. ' Rev. | |Plan/Document Name | Date

D-01569-06-B | | |Site Plan drawn by Martoo Consulting 23/06/2015

 

8. 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.
Building Height

4. The maximum height of the development must not exceed 8 metres above the finished

ground level and the natural ground level.

5. | The use must be undertaken in accordance with the Flood Impact Assessment Version
VO2 dated March 2016 prepared by Water Technology and the Flood Emergency
Management Plan Version VO2 dated March 2016 prepared by Water Technology and
the Water Quality Management Plan dated March 2016. In addition to these plans trash
trap fencing shall be designed to ensure the contents of the greenhouse do not escape

in the event of flooding.

NOOSA COUNCIL

ABN: 97 969.214 121

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14.

15.

16.

Earthworks and Retaining Walls

All earthworks must be contained entirely within the site, unless written permission from
the affected landowner(s) is provided to Council.

Bunds 1 and 2 indicated on the Site Layout Plan drawn by Water Technology and dated
01/07/2015 must be removed within 2 months of this order. If the soil is returned to the
source location, it does nat require an Operational Works approval under condition 18.

Bund 3 as indicated on |Site Layout Plan drawn by Water Technology and dated
01/07/2015 must be relocated a minimum of 5m away from the root zones of the existing
vegetation adjacent the creek. The new bund and area between it and the waterway
shall be revegetated with|suitable species and densities in accordance with Planning
Scheme Policy 3— Landscaping Plants & Guidelines.

Additional Conditions

17.

18.

19.

The small dam to the north of the greenhouse structure must be relocated further south
and away from riparian vegetation in accordance with the Flood Impact Assessment
Version V02 dated March 2016 prepared by Water Technology and the disturbed areas
between the relocated dan and the adjacent creek must be revegetated with suitable
species and densities in accordance with Planning Scheme Policy 3 — Landscaping
Plants and Guidelines.

The access works required by condition 8 and the earthworks and landscaping works
required by conditions 16|and 17 and any other earthworks carried out in compliance
with these conditions including the referenced plans, other than in accordance with
condition 15, must be completed in accordance with an Operational Works approval,
that must be lodged with Council within 14 days of this approval. Approved works must
be completed within two months of the date of that Operational Works approval.

Noise emission from mechanical equipment shall comply with the following
requirements:

19.1 Air-conditioning, Refrigeration, Pumps, Fans and Generators
Oo 7am to 7pm: Background + 5dB(A)
ao 7pm to 10pm: Background + 3dB(A)
Oo 10pm to 7am: No audible noise.

When measured at either the residential boundary or outside the most exposed part of
any potentially affected building, whichever is the closest to the equipment.

Written certification from al suitably qualified person shall be provided to Council within
2 months of this order that when operating, all such equipment will be compliant with

these conditions at all times of day.

Damage to Services and Assets

20.

Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:

a. where the damage} would cause a hazard to pedestrian or vehicle safety,
immediately; or

b. where otherwise, upon completion of the works associated with the development.

Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.

Development Permit for Reconfiguring a Lot (Access Easement)

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PLANNING

When Conditions must be Complied With

Unless otherwise stated, all conditions of this Decision Notice must be complied with
within three months of the date of this approval, and then compliance maintained at all
times while the use continues.

Approved Plans

Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.

 

 

 

 

 

| Plan No. "Rev. | Plan/Document Name ' Date
k — a
D-01569-06-B | Site Plan drawn by Martoo Consulting | 23/06/2015
Easements

An easement for access purposes must be registered against the title of Lot 2 SP108094
in favour of Lot 1 SP108094. The easement must be a minimum of 10m wide and
widened where necessary to wholly include passing bays and any associated banks or
batters.

Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.

All easements must be designed in accordance with the planning scheme and granted
at no cost to the Grantee. Where the Grantee is Council or a service authority, the
easement documentation must be in accordance with the Grantee’s standard easement
terms. Draft easement documentation must be submitted to Council for endorsement.

All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.

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