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MCU14/0053 - Response to information request
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••
DEVElOPMENT SOLUTIONS PEOPLE VALUE
~ ...:..
_____ rJl __ •.rL
Council Reference: 14/0053 -'~"1IIr
Our Reference: 1548 L13 NG
Our Contact Nadine Gorton
martoo
consulting _
th
17 March 2015
0 A8N: 62 287 949 725
CD + SUNSHINE COAST OFFICE
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1316.12 BOTILEBRUSH AVE
Chief Executive Officer NOO$AHEADS
Noosa Shire Council 0 PO BOX 1684
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PO Box 141 ...., NOOSA HEADS Q 4567
T - 07 5447 2550
Tewantin Q 4565
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3 F • 07 5455 3322
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....., 38 NASH STREET. GYMPIE
ATTENTION: PLANNING & DEVELOPMENT DEPARTMEN'
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0 PO BOX 391
GYM PIE Q 4570
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C T - 07 5482 7440
Confidential Email Transmission:[email protected][email protected].~v.au
Original in Post Yes
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F - 07 5482 4952
+ www.martooconsulting.com
[email protected]
Dear SirlMadam,
RE: RESPONSE TO INFORMATION REQUEST
Development Application - Material Change of Use (Retail Business - Type 2) over Land
described as Lot 6 on N21827 and situated at 15 Noosa Drive, Noosa Heads: MCU14/0053
I refer to the above application and in particular to the request for additional information issued by your
Council and dated 21" July 2014.
This request listed two items that Council considers is necessary in order to complete its assessment of the
above application. The applicant has decided to respond to these items as below:
Item 1: All buildings shall comply with Section G Fire Resistence of the BGA. Please provide
detailed floor and elevation plans of any proposed building works.
Applicant's Response to Item 1: Please find attached plans prepared by Soul Space Building Design
are attached. These plans illustrate proposed fire wall along the northern boundary. Written advice
from Pacific BCQ Building Certifiers is attached confirming that the proposed works comply with fire
requirements of the BCA.
Item 2: Please find attached an infrastructure agreement for providing a contribution in lieu of
the providing 6 off street parking bays.
Applicant's Response to Item 2: Please find attached a signed infrastructure agreement. The
applicant wishes to reiterate that the provision of on-site parking is not an essential or practical
requirement of the proposal. Further it is noted that investigation into the provision of carparking on
site has not been extensively pursued due to the potential loss of significant vegetation along Halse
Lane.
The applicant considers that they have now responded to Council's information request. Would you please
provide us with a list of adjoining owners so we can commence public notification of the application.
Please contact our Sunshine Coast office if you require any further information and/or clarification .
• TOWN URBAN • LAND o DEVELOPMENT
o PLANNING o DESIGN o SURVEYING MANAGEMENT
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Page 2
@ Page2 Yours faithfully, ne Ono Nadine Gorton Senior Planer martoo consulting pty Itd Enc: (2)
Page 3
LOT No: 6 on N21827
GENERAL NOTES
1. ALL ViORKMANSHIP SHALL BE CARRIED OUT TO THE BEST TRADE
STANDARDS AND MATERIAL FIXED IN ACCORDANCE 'MTH SPECIFIED
DETAIL AND MANUFACTURER'S RECOMMENDATIONS.
2. THE FOlLO'MNG DOCUMENTS FORM PART OF THE DOCUMENTATION
FOR THIS PROJECT
AS. 1664.2 TlMBER FRAMED CONSTRUCTlON CODE
3. THE ABOVE DOCUMENTS SHOULD BE KEPT ON SITE DURING
CONSTRUCTION ALONG 'MTH THE COPY OF THE LOCAL APPROVED
PLANS AND SPECIFICATIONS. CONSTRUCTION MUST NOT VARY FROM
THE ABOVE DOCUMENTATION 'MTHOUT \'.RITTEN APPROVAL FROM
THE OI'.NER AND THE LOCAL AUTHORITY.
4. FIGURED ~MENSIONS TAKE PRECEDENCE OVER SCALING OFF
PLAN. DO NOT SCALE. ANY DISCREPANCIES FOUND BUT THE BUILDER
I OI'.NER SHOULD BE BROUGHT TO THE ATTENTION OT THE DESIGNER
PRIOR TO CONSTRUCTION OR FABRICATION OF ANY ITEM.
5. RETAIN ALL EXISTlNG VEGETATION AND MATURE TREES I'.\iERE
POSSIBLE.
6. STRUCTURE SHALL NOT EXCEED 7.9m ABOVE NATURAL GROUND.
7. CHECK ALL DIMENSIONS OF ViORKS ON SITE PRIOR TO
COMMENCEMENT OF CONSTRUCTION OR FABRICATION OF ANY ITEM.
LOCATION PLAN REFER DISCREPANCIES TO DESIGNER BEFORE CONSTRUCTION OR
FABRICATlON.
6. COMPLY 'MTH THE BUI~NG CODE OF AUSTRALIA IBCA), RELEVANT
5 EXTENT OF PROPOSED AUSTRALIAN STANDARDS AND LOCAL COUNCIL BUILDING CODES.
RP91777
r
NEW 90190190 FIRE WALL
SHOWNoomD BCANOTES
CLAS5lFICATlON CLASS 6 - SHOP
ADJACENT SHOP
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RISE IN STOREYS: ONE
\ 90 00'
0
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FRL TO WALLS: 11mTO I.Sm'9OI9O/9{) 1.6m TO 3m'6OI6OI60 >3m'NIL
\30,900 m 8~
BUP103167 FRL TO ROOFS' NIL
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, STORMWATER DRAINAGE NOTES
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2. ONE DOI'.NPIPE PER 12m OF GUTIER. REOUCE BY 1m FOR EACH
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• _. _. _. _. _. _. _. _. _. _. ~~Oo O?~o:'_.J FIRE WALL NOTES
26,000 m
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Page 4
NEW 00I90I9O FIRE WALL TO 600mm
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Page 5
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DETAilS. EXTEND EXISTING ROOF
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Page 6
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Page 7
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NEWTIMBER ROOF FRAMING TO
ENG-S DETAILS
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Page 8
EXTERNAL LIGHTWEIGHT CLAD WALL - NAIL LAMINATED POST SYSTEM Construction Details
OutRWALL"' 60, 90 and 90A
Compressed 'CH:kwQOI Roo! &alklng terMInates
Insulation. ma'r' be ------~ ~lllgullfll
Fire Grade Plasterboard l!'r'lc.apsuhlted
OUtlet' b'( othell
(2 layers x 13mm)
lightweight external daddJng
Addltit:malla')'t!r of Hlmm
Ilxed to lJmbi:!r battoSl'd 10
SOlal Welke-a Firestop
rnllnufBctUter'1 speCltlcationil
buned to lOp plate and
'bed 10 roof framIng Tyvek Homewrap supled
10 phulerboatd as per
80fel plasterboard manufac:tuf[of"s spetdlcatlon&.
8S required
(refer 10 U1bleon fllld pagel Vertical or horizontal b.anens
fixed to !:tuds et 60Gmm
m,slCimum ~ntt~S
Plywood 12mm
structural or BOfsl WeI Area Flrestop
Plo'vide appropriate vermin
plasterboard as required
Exterior Grade and termite protection 111
(,efet to table Oft f'lt!lct pagel
ground IINel
GrOOM level to b& !t/llabtV
graded to prl!"lenl pooling
adjaoent 10 external wall
Typical System on Slab
Box {Juner design bV othe-fS Capping a!l required
Roof urklng 10 x 35 timber stud uprighls
terminstes in gutter
fixed to tlusa top ehord.
Insulation all required Provldl!l 70 x 4S top pille.
Gutte-t support e.
batten an.1ched
T
/lOOm.,
10 UUSI top chord max. Add'llonalllYIH of 16mn\
Building Paper 80,.1 Wei Area Flr£oslop
Boral plasterboard
fixed to roof frlming
AlIlequlled
Irafer to table on page SI Tvvek Homewrap stapled (0
Fire Grade and Moisture Resistant pl8sterhoard and c8uleod over
Nail Laminated load bearing tlm~t parapel Into guUbr IS por
Plasterboard (1 layer x 16mm) Studs Itame max. 600mm rTlM'ufaelureor's sp~i'le.lions
9tud cantril
UghfWelghl ntemll cladding
8or.1 We-I Aras FlteSIOp fixed 10vertical Dr horlzonUlI
plasterbo.lrd 81 required limblr banens to
Iref'l!l' to table on nut J)lge) manutaelure,'s specificatIons
Box Gutter Option
ALTERNATIVE 90/90/90 TIMBER STUD WALL DETAIL ALTERNATIVE 90/90/90 TIMBER STUD WALLDET AIL - BORAL OUTRWALL
01 REFER: htlp:/Iwespine.com.au/downloadslmrtfc/extemal-90.90-90-fire-rated-plywood-faced-wall-system.pdf
NOTE: EXTERIOR CLADDING MUST BE FIXED TO STUD WALLS ON BOUNDARY PRIOR TO STANDING UP WAlliN FINAL LOCAnON.
03 REFER: htlp:/Iwww.boral.com.au/brochures/ordering/hlmL version/outrwaIUoutrwall_ 4.hlm
NOTE: EXTERIOR CLADDING MUST BE FIXED TO STUD WALLS ON BOUNDARY PRIOR TO STANDING UP WALLIN FINAL LOCAnON
NOTE AlSO THE NAIL LAMINATED DOUBLE WALL STUDS
TABLE 13
FIRE RATED. LOADBEARING WALL SYSTEMS - TIMBER FRAME
Stud FRL CSlRO
F~
-""' No.
J"""",W
HM:lie "
"""",""'" size (mmJ
W"' W"'
rna •• lire test
FIRE WALL NOTES
-
system lP = plate '""""""
(mm) Iko/m\ OfoPrion
Y.idth) d •••••
JH-214 • 6mm VIOaboard lining 90 128 47.0 FSV0476 FRL90/90190 200mm CORE FILLED BLOCK WALLS ON REINFORCED
each side
• 13rml fJ'e resistant CONCRETE FOOTING ALL TO ENGINEER'S DETAILS IS THE
RECOMMENDED FIRE WALL SYSTEM.
--
plasterboard each side
~ • Tl/Tlbef studs snge frane
Q JH.215 • &rm VdIaboard Ini'1g
• 16m'n fire resistant
p1astertxx.-d each side
90 134 50.0 9000l9O FSV0317
DETAILS ON ALTERNATIVE L1GHH'tJEIGHT FRL90190/90 WALL
SYSTEMS HAVE BEEN PROVIDED AS A PRICING ALTERNATIVE .
HOWEVER, THESE WALL SYSTEMS MUST BE APPROVED BY THE
• Timber studs single frame
CERTIFIER FOR USE IN THIS SITUATION PRIOR TO FINALISING
, ALTERNATIVE 90/90/90 TIMBER STUD WALL DETAIL - JAMES HARDIE SeVON CONTRACTS OR COMMENCING CONSTRUCTION.
!
J~
02 REFER: htlp:/Iwww.scyon.com.au/uploads/assels/filelFireRatedWallsDES.pdf
NOTE: EXTERIOR CLADDING MUST BE FIXED TO STUD WAlLS ON BOUNDARY PRIOR TO STANDING UP WALLIN FINALLOCA nON.
iJ REV I DATE I DESCRIPTION SPECIFICATION NOTES DAAWWGTI1U
A 24-1-15 ISSUED FOR COMMENTS 1. FIGUArD llIMENSlOI6 TO r.E 1.ll1N •• 'WlRtNCE TO SCAlED RE..IDlNGS PROPOSED SHOP ADDITIONS TEl: (0715455 3651 ALTERNATIVE FIRE WALL
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Page 9
ADJACENT SHOP
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Paul Hindes
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ANt ER~ORS TO THE Olsa;NER aEK>P:£ COMMENCt:MEIlT Of 15 NOOSA DRIVE, NOOSA HEADS building design 23 PALUMA ST SUNRISE BEACH OlD 4567 ."'.•..
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FOR CAMMERAY INVESTMENTS PTY LTO Exclusive Residential and Commercial Designs by Paul Hindes WD07 A
Page 10
~ FAWNG OBJECTS S, MANUAL TASKS 7, CONRNED SPACES
WHS Report Notes
1. FALLS, SUPS TRIPS LOOSE MA TERJALS OR SMALL OBJECTS Components lllithin this design with a mass in excess of 25kg shoIJd be lifted EXCAVATION
Construction, mainlenaoce or demolillon worK on or crOLI"ld this bUilding is by two or more workers Of by mechanical lifting device. V\t1ere this is not Construction of this building and some maintenance on lhe building win require
.} WORKING AT HEIGHTS likely to involve persons working above ground level or above floor levels. practical. suppliers or fabricators should be required to limrt lhe COOlponent excavation and installation of tlems wtlhin exca~ations. Wlere practical.
'MEre lhis OCOJrsone or more of the following measll'es should be taJ<ento mass. inslallalion should be carried out using meltKids which do not reqUlre wcaers to
DURING CONSTRUCTION avoid objects falling from the area where the work is being carried oul onto AI material packaging, building and maintenance componenls $/"lOiAd cle<:uly enter ttle exca\latlon. 'Mlere this is nOl practICal, adequate support for the
'Mlereve! possible, components for this buildlflQ should be prefaOlicaled off. persons bekYw. sOOwthe total mass of packages ¥ld where practical att tlems should be stored excavated area srould be provided to prevent collapse. Wamng sig'ls and
s~e or at ground le'lello minmise the risk of wor1<~ faning more than two 1. Prevent Ol' restriCt access to areas below where the WO(k is on Me in a way wt\ich minimises bending before liftlOQ. Advice shoutd be barriers to prevent accidental or unauthorised access 10 an excavations should
metres. However, construction of this building will feqJire wor1<ers 10 be being carried out. provided on safe lifting methOOs in all weas where lifting may occur. be provided.
working at heights where a fall in excess of two metres is possible and irljury 2. Provide toe boards 10 scaffolding Ol' work platforms. Construclion, maintenance and demolrtion of this building will rel:f,lire the use of ENCLOSED SPACES
is likely to resul frtr'n such a falL The builder should provide a suitable barrier 3. Provide protective Slruclure below the work a'ea. portable tools and equipment. These should be fully mafllained in accordance Enclosed spaces wittlin thiS lxJildng may present a risk to persons entemg for
wherever a person is required 10 wor1l. in a Sltualioo where laUing more than 4. Ensll'e thal all persons belON the work il'ea have Personal with marufaetu"er's speciflC3licns and not used 'Nhere faulty or (in the case of oonslnJdion. mainten3'1ce or any other purpose. The desi!11 doCLmentahon
two metres is a possibihty, Prolective Equipment electrical el:f,lipment) nol carrying a current electrical safety tag. AJI safely calls for waming signs em barrier5 to lI'l8lJlhorised access. These should be
guards or devices should be reg.Jlariy d'lecked ai1d Personal Protective maintained throu~ the life of lhe building. Wlere workers are required 10
DURING OPERATION OR MAINTENANCE BUILOING COMPONENTS Equipment should be used in accordance wtlh mamiaCl:lJ'ers SpecifICation. enler enclosed spaces air testing equipment aoo Personal Protective
Oiling construction. renovation or demolition of this blildlng. parts of the Equipment should be provided..
Cleanng and mainlentl1ce of mOOws. walls. roof or other components of this structure rou(jng fatricated steelwork, heavy panels m ffii'J'ly other 6. HAZAROOUS SUBSTANCES
buildlll9 will require persons 10 be situated Yhlere a fall from a heighl in excess compooents will remain standIng priC't' 10 or after supporting parts are in place.
of two metres is possible. Y\t!ere this type of activity is required. scaffolding Contractors shoold ensure thallemporary bracing or other required support is ASBESTOS 8. PUBUC ACCESS
ladders or trestles should be used in accordance with relevant codes of in place at all times when collapse whid'l may injure persons in the area is a This building may have been constructed prior to 1990 and therefore may Public access to construction and demoltlion srtes lWld to areas lIlder
practice. regulations or legislation. possibiltly. contain asbestos either i1 cladding malerial or in fire relardant insulatiorl maintenance causes risk 10workers and public. Warning signs and secLl'e
Mechanicallrtting of materials and components dlling construclioo, material. The builder shoLJd dleek and. d necessary. take aPJ:foprla1e action barriers to lI1aulhorised access should be ;:tovided. Wlere electrical
b! SUPPERY OR UNEVEN SURFACES maintenance or demolition ;:tesents a risk of falhng objects. Contractors before demolishing, e:uttng, sanding, ciilling or ottlerwise disturbing the existlflg installalioos. excavations. plCl1t or loose materials are presenllhey should be
should ensure thai appropriale lifting devices are used. thai loads are properly structure. secured wtlen not fully supervised.
FLOOR RNISHES sectred WId that access to areas below the load is prevented or reslricted. POWOERED MATERIALS
Many materials used in the conslruclion of this building can cause harm if 9. OPERATIONAL USE OF BUlLOING
The owner is responsible for the selectoo of Slrface finishes in the peOestri3'l inhaled in powrlered form. Persons workirYJ on or in the lxJildtlg cilring
trafficable areas of this bllilamg. SlI'faces soould be selected in accordance 3, TRAFAC MANAGEMENT construction. operational mainlenarce Of demolrtlOO should ensure good This building has been designed to requirements of the c1assiflCalion identified
wrth AS HB 197:1999 acd ASlNZ 4586:2004. venlilaUon and wear Personal Protective Equipment including protection againsl on the drawings. The specific use of the building is not known allhe time of the
PiYking of vehicles or loadinglunloading of vehicles on this roadway may irhalatlOn wNle using pOWdered material or when sWiding, drilling, cutting C1 design and a lLrther assessment of the worXplace heahh and safety issues
STEPS, LOOSE OBJECTS AND UNEVEN SURFACES cause a traffic hazil'd. DurirYJ construclic;n, maintenance or demolition of this otherwise dlsturtling or creating powdered material. should be undertaken at the time of fit-out for the end-user.
Due 10 design restrictions for this buildng, steps andiex' ramps are IlduOed in building designated parking for workers and loading areas should be provided. TREATED TIMBER
the building which may be a hazard 10 woriers carrying objects or otherwise Trained traffiC management persamel should be responsible for the The design ollhis tuilding i'ldudes provision for the irdusion 01 treated limber 10. OTHER HIGH RlSKACTMTY
occupied. Steps should be clearly marlled with both visual and tactile warning supervision of these areas. within ttle struch.re. Dusl or fumes from ttlis material can be harmful. Persons All electrical work should be carried out in accocdance with Code of Practice
during construction. maintenance, demolrtion and at all limes when the building WOf1I:ingon or in the building durng construction. operational maintenWlce or Managing Electncal Risks al the Workplace. AWl 3012 and all licensing
operates as a workplace. Construelion of this buildng will require loading and lTIloading of materials on demoltlion should ensure good ventilalion and wear Personal Prolective requirements.
Building owners aM occupiers should monrtor the pedestrian access ways lI1e roadway. Deliveries shovtd be well planned to avoid coogestion of loading Equipment irclJdJng protection against inhalation of harmful material when AI 'NOI'k USing Plart shOLJdbe mea out in accordCl'lte with Code of Pr&cbce
and in particular access to areas where maintenance is routinely carried out areas and trained traffIC maMgefl'lent perSOlYlei should be used to supervise Sandrig. OOlll'lg eutl'rlg or using {realeeltimber in any way tnal may cause Managing Risks 01 Plant at the VltJrkp/ace
to ensure that slXfaces have not moved Of cracked so lhat they become loadir'9lunloading areas. harmful material 10 be released. Do not blJl1 trealed limber. All work should be carried out n accordance with Code of PractIce: Managing
uneven ~d present a lrip hazard. Spills, loose material. stray objects or any VOLATILE ORGANIC COMPOUNDS Noise and Preventing Hearing Loss at Work
other matter that may cause a slip or trip hazard shl:l\Ad be decrled or Busy constru::tion and demolition sites present a risk of colhsion where Many types of glJe. solvents. spray packs. parns. vamishes and some cleaning Due to the history of serious irv;idents tl is recommended thai partiOJlar care be
removed from access ways. deliveries and other traffic are movllg within the site. A traffiC managemeot matenals and disinfectants have dangerous emissioos. Areas INhere these we exercised when undErtaking work ilvotving sleel c:oostruction and cooaete
CCIltradors should be required 10 maintain a tidy work sile dlling constructiOn, plan supervised by trained traffIC management personnel should be adopted used shoLJd be kept well vertilated while the material is being used and fa' a placement. AI the above applies.
maintenance or demolition 10 reduce the risk of trips and falls in the workplace. for the work s~e. period after installation Personal Protective Equipment may also be required.
Materials for construction or maintenance shoold be stored in designated The manufacturer's recommendalions foe use must be carefully considered aI
areas 'iNlay from access wtftS and worX areas. ~ SERVICES aJltimes.
SYNTHETIC MlNERAL RBRE
RLflltre of seNices durio;j excavalion or Olher activity creates a variety of Fbeglass. rockwool, ceramic a1d other material used for thermal or sound
risks including release of hazardous material. Existing services are lcealed on insulation may conlain synthetic mineral fibre which may be harmful if inhaled or
or aroond this site. \'\tlere known, these are iden1ified on the plans bUl the if tl comes in contact with ttle skfi, eyes or other sensrtive parts or the body.
exact location and extent of services may vary from that indicated $ervices Personal Protective Equipment irdJdlOg protection against ilhalation of
s/lolJd be located usirYJ <rI approlXiale service (slXil as Dial BefOfe You Dig). harmful material sholJd be used when installing rernovirYJ or wortl:ing ne ••. bulk
appropriate excavation practice should be used and, where necessary. insulation material.
specialist contractors should be used. TIMBER FLOORS
This building contains timber floors which have an applied finish. Areas where
flf'lishes are applied should be kepi well ventilated dlIing sCllding and
Overhead power lines ere near or on thiS s~e. These pose a risk of application and for a period after insta~ation. Persona! Protective Equipmert
electrocution if struck or approached by lifti1g devices or other plant and may also be reql.ired. The manufacturer's recommenOations for use must be
persons 'NOrking above ground level. ~re there is a danger of this carefully considered at an times.
occurring. p:ov.'er lines should be. where pradlcal, disconnected or relocated
Wlere this is rot practical adequale warning in the form of bright coloured
tape Of s;gnage should be used or a prolective barrier provided.
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Paul Hindes
;~~~~15
S;16:43 PM
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i S",FE,," ••"~I'~'''_',,",,'COM''''''"'''~ IS NOOSA DRIVE, NOOSA HEADS
CO'6OO:TKlN bu,"ld,"ng des,"gn 23 PALUMA ST SUNRISE BEACH QLD 4567 -
OAAWI ••••• "'G RE'ilSION
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FOR CAMMERAY INVESTMENTS PTY LTD WD08 A
Page 11
BUILDING CODE OF AUSTRLAIA ADVISORY NOTICE
--
PACIFIC BCQ
----
SUI LOING CERTI FICATlON Q!JEENSlANO
NADINE GORTON
MARTOO CONSULTING PTY LTO
PO BOX 1684
NOOSA HEADS 4567
12 March 2015
Dear Nadine,
PROPOSED ALTERATIONS AND ADDITIONS TO RETAIL SHOP
LOCATED AT 15 NOOSA DRIVE NOOSA HEADS 4567.
PACIFIC BCO'S REFERENCE NO.: 20150100.
Following perusal of Architectural Drawings WD01(A) to WD07(A), Project No, 1109 dated 24 February 2015 by Soul
Space Building Design detailing the intended Alterations and Additions to the adovementioned retail premises, I wish to
confirm that the proposed 90/90/90 fire rated northern and eastern external walls comply with the Deemed fo Satisfy
(DtS) provisions of Part Cl, Fire Resistance And Stability and Specification Cl.l Fire-Resisting Construction of the
Building Code of Australia 2014 for Type C construction as is appropriate for the exposure to fire source features together
with the size, characteristics and classification of the building.
Please note, this advice is subject to maintenance of integrity of the design, the necessary standards or workmanship and
requisite inspection of crijical elements during the course of construction.
I trust this advice satisfies your enquiry however should you have any further queries, please do not hesitate to contact this
office.
Yours faithfully
cz)L
DON GREHAN
AssocRICS
Level 1 Building Certifier
OBCC Accreditation No: A739669
r-oD~e:ve:/o:p:--m-e"""~-t-c--~
OUnter
17 MAR 2015
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Page 12
NOOSA SHIRE COUNCIL
CAMMERAY INVESTMENTS PTY LTD
AICR INFRASTRUCTURE DEED IN RESPECT OF PAYMENT OF
CONTRIBUTIONS IN LIEU OF OFF-STREET PARKING FOR A
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE - RETAIL
BUSINESS TYPE 2 - SHOP AND SALON
DEVELOPMENT PERMIT: MCU14/0053
Page 1 of 19
Page 13
CONTENTS
1 INTERPRETATION------------------------------------ 4
1.1 Natureof Deed 4
1.2 Commencement. 4
1.3 Interpretation 4
1.4 Definitions 6
1.5 Other Expressions 8
1.6 Rightsand ObligationsCounciL 8
2 INFRASTRUCTUREDEED-----------------.-------------------------- 8
2.1 Applicationof Act 8
2.2 Deedto bind successorsin title 8
3 APPEAL---------------------------------------------------------------------- 8
3.1 Applicationof this clause 8
3.2 Proponentto DiscontinueAppeal 8
3.3 No objection 9
3.4 Effectof Discontinuance 9
4 INFRASTRUCTURECONTRIBUTION----------------------------------- 9
4.1 InfrastructureAgreementoverridesDevelopmentPermit 9
4.2 Continuanceof PlanningSchemePolicyInfrastructureContributionsand
InfrastructureCharges 9
4.3 Contributionin lieu of off-streetparking 9
4.4 IndexedInfrastructureContribution 9
4.5 Time for payment 1a
4.6 Paymentto Council 1a
5 GOODSAND SERVICESTAX---------------------------------------1 a
5.1 Interpretation 1a
5.2 ConsiderationGST exclusive 1a
5.3 Paymentof GST 1a
5.4 Timingof GST payment 10
5.5 Tax invoices 11
5.6 Adjustmentevents 11
5.7 Reimbursements 11
5.8 Representatives 11
5.9 PayAs You Go ("PAYG") 11
6 DEFAULTBY OWNEROR PROPONENT----------------------------------------------11
6.1 Rightsof the Councilon default 11
6.2 Applicationof money 12
7 NOVATIONOF DEEDUPONSALE-.----.------.---------- -------------------12
7.1 Sale of the SubjectSite 12
7.2 Ownerto remainliable 12
7.3 Releasefrom Liability 12
8 RECONFIGURATION
OF THE SUBJECTSITE-------------------------12
8.1 Reconfiguringand compliance 12
8.2 Reconfiguringand non-compliance 13
9 SERVICE------------------------------------------------------13
Page 2 of 19
Page 14
9.1 Service by prepaid post 13
9.2 Deemed service 13
9.3 Proof of service 13
9.4 Form of Notice 13
10 MISCELLANEOUS------.-- -.------.----.----------------------13
10.1 Paymentof costs 13
10.2 Time 13
10.3 Place for payment of monies 13
10.4 Waiver 14
10.5 Laches and delay 14
10.6 Severance 14
10.7 Warranty of authority 14
10.8 Furtherassurances 14
10.9 Force Majeure 14
10.10 Amendment of deed 15
S C H E D U L E 1 ---.-.------ •• -------------------------------------------------------------.-.--- ••• - ••••••••• ---.----- 16
S C H E D U L E 2 -----------------------------.-------- •• - •••••••••• ---- •• ---.--.------------------------------------- •• 17
Page 3 of 19
Page 15
THIS DEED is made on the date stated in item 1.
BETWEEN The Council
AND the Proponent
AND the Owner
RECITALS
A The Proponent and the Owner is Cammeray Investments Ply Ltd.
B The Proponent lodged a Development Application in relation to the Subject Site.
C The Proponent has lodged a request to provide fewer on-site car parking spaces
for the development than normally required under the planning scheme.
D The Proponent proposes a contribution be paid for the shortfall in the number of
car parks normally required to be provided on site for the development.
E The parties agree that contributions toward infrastructure are to be paid in
accordance with:
(i) the conditions of the Development Permit and
(ii) any infrastructure charge notice; and
(iii) the contributions in lieu of off-street parking as detailed in Schedule 2.
ITIS AGREED
1 INTERPRETATION
1.1 Nature of Deed
This deed accords with Clause 2.
1.2 Commencement
This deed commences on the Commencement Date.
1.3 Interpretation
(a) In this deed, unless a contrary intention appears, reference to:
(i) a clause is to a clause in this deed; and
(ii) the singular includes the plural and vice versa; and
(iii) any gender includes all other genders; and
(iv) a person includes a firm, a corporation, an association and a
body, whether incorporated or not and a government or statutory
entily or authority; and
Page 4 of 19
Page 16
(v) legislation (including subordinate legislation) includes:
(A) statutory instruments under the legislation; and
(8) consolidations, amendments, re-enactments or
replacements of the legislation; and
(vi) writing includes any mode of representing or reproducing words
in tangible and permanently visible form and includes facsimile
transmission; and
(vii) this or any other deed includes the deed as varied or replaced
and is not affected by any change in the identity of the parties;
and
(viii) a day is a Calendar Day
(b) The clause headings appearing in this deed are inserted for
convenience of reference and do not affect the construction of the deed.
(c) If any words are italicised or otherwise printed differently, this has been
done for convenience only and does not affect the construction of this
deed.
(d) Whenever more persons than one constitute a party, all the covenants,
deeds, conditions, restrictions and provisos on the part of that party
contained or implied in this deed bind those persons jointly and each of
them severally.
(e) This deed is in all respects to be interpreted in accordance with the laws
of the State of Queensland, and the parties irrevocably and
unconditionally submit to the non-exclusive jurisdiction of the courts of
that state and any courts which have jurisdiction to hear appeals from
them, and waive any right to object to proceedings being brought in
those courts.
(f) Nothing contained in this deed affects, prejudices or derogates from the
requirements of any statute or from the rights, powers and authorities of
the Council under the provision of any statute or under any declared
policy of the Council.
(g) An inclusive definition, or an example or particularization of a provision,
does not limit but may extend that definition or provision.
(h) Where a word or expression is defined, other parts of speech and
grammatical forms of that word or expression have a corresponding
definition.
(i) All schedules to this deed form part of this deed and a reference to an
item is a reference to an item in Schedule 1 unless stated otherwise.
Page 5 of 19
Page 17
OJ Terms used in the Special Conditions which are not otherwise defined
in Clause 1.4 (Definitions) shall have the meanings assigned to them in
the Council's Planning Scheme.
1.4 Definitions
In this deed:
"Act" means the Sustainable Planning Act 2009 (the "SPA').
"Adopted Infrastructure Charges Resolution" or "AICR" means the Noosa
Shire Council Adopted Infrastructure Charges Resolution (No.1) 2014.
"Appeal" means the appeal described in item 9.
"Calendar Day" has the meaning given in section 36 of the Acts Interpretation
Act 1954 (Old).
"Chief Executive Officer" means the Chief Executive Officer of the Council
and includes the person (if any) for the time being acting as Chief Executive
Officer.
"Commencement Date" means the date when this deed commences being the
date when the last party executes this deed
"Council"" means the Local Government described in Schedule 1, Item 3 and
its predecessors, successors, transferees and assigns.
"Development" has the meaning given in the Act.
"Development Application" has the meaning given in the Act as it applies to
the Application and identified in item 7.
"Development Permit" has the meaning given in the Act as it applies to the
Application and identified in item 8.
"Force Majeure" means an event:
(a) being a decree of the Commonwealth Government or the state
Government, an act of God, industrial disturbance, act of public enemy,
war, international blockade, public riot, lightning, flood, earthquake, fire,
storm or other event whether of a kind herein specified or otherwise;
and
(b) which is not within the control of the party claiming Force Majeure; and
(c) which could not have been prevented by the exercise by that person of
a standard of foresight, care and diligence consistent with that of a
prudent and competent person under the circumstances.
"Index Number" means the Consumer Price Index - Index Numbers; All
Groups CPI for Brisbane produced by the Australian Bureau of Statistics. If the
said Index is suspended or discontinued or if different factors are used to
determine the same Index, the Index Number shall be such an Index as the
Page 6 of 19
Page 18
Council and Owner agree reflects increases in the costs of living in Brisbane.
In default of such agreement such Index will be as determined on the
application of either party to the President of the Queensland Law Society Inc
at the relevant time, or his Nominee, acting as an expert and not as an
arbitrator and whose decision shall be conclusive.
'1nfrastructure Contribution" means:
(a) a monetary contribution or charge for trunk infrastructure that is required
as a condition of, or triggered by, the Development Permit;
(b) a land and/or works contribution that is trunk infrastructure and is
required as a condition of the Development Permit; or
(c) a monetary contribution in lieu of off-street parking as detailed in
Schedule 2.
"Local Government" has the meaning given in the Local Government Act
2009.
"Local Government Area" has the meaning given in the Local Government Act
2009.
"Lot" has the meaning in the Act.
"Notice" means any certificate, demand or notice to be made, given or served
by a party under this deed.
"Owner" of the Subject Site means the person described in item 4A.
"Planning Scheme" means the planning scheme of the Council applicable for
the Subject Site.
"Planning Scheme Policies" means the Planning Scheme Policies in respect
of Infrastructure Contributions applying generally in the Noosa Shire Council
Local Government Area over the Subject Site.
"Proponent" means the person described in and having its address at the
place described in item 4 and includes:
(a) successors and permitted assigns in the case of a corporation,
association or other body whether incorporated or not; and
(b) executors, administrators and permitted assigns in the case of a natural
person.
"Public Office" has the meaning given in the Local Government Act 2009.
"Purchaser" means the purchaser of the Subject Site from the Owner.
"Relevant Period" has the meaning given in the Act.
"Sell" includes transfer, dispose of and alienate and "Sale" has the
corresponding meaning.
"Special Conditions" means the conditions specified in item 6 with which the
Owner and Proponent must comply.
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"Subject Site" means the land described in item 5 and includes:
(a) any interest or estate in, on, over or under the land; and
(b) the airspace above the surface of the land and any estate or interest in
the land; and
(c) the subsoil of the land and any estate or interest in the subsoil; and
(d) any part or parts of the land; and
(e) any estate or interest created in respect of any of the above matters.
"Use" has the meaning given in the Act.
1.5 Other Expressions
If a term is not defined in this Deed it shall unless the context otherwise
requires, have the meaning given to it by:
(a) the Act; or
(b) the Macquarie Dictionary in the absence of a definition in the Act.
1.6 Rights and Obligations Council
Where rights or obligations are in respect to any contributions or works those
rights shall be rights in favour of Council and those obligations shall be
obligations to Council.
2 INFRASTRUCTURE DEED
2.1 Application of Act
This Deed constitutes an infrastructure agreement under the Act.
2.2 Deed to bind successors in title
The Owner consents to the obligations of the Proponent under this deed being
attached to the Subject Site and being binding on the Owner and the Owner's
successors in title in accordance with Section 663 (When infrastructure
agreements bind successors in title) of the Act.
3 APPEAL
3.1 Application of this clause
This clause applies if item 9 is completed.
3.2 Proponent to Discontinue Appeal
Within 2 weeks of the Commencement Date, the Proponent must file and serve
all documents necessary to, or obtain the court's leave to, discontinue the
Appeal, pursuant to rule 15 of the Planning and Environment Court Rules 2010.
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3.3 No objection
The parties to this deed must not object or make an application about the
discontinuance of the Appeal.
3.4 Effect of Discontinuance
The provisions of clause 4 of this deed only take effect when the
discontinuance of the Appeal takes effect.
4 INFRASTRUCTURE CONTRIBUTION
4.1 Infrastructure Agreement overrides Development Permit
This deed applies to the extent of any inconsistency with the Development
Permit..
4.2 Continuance of Planning Scheme Policy Infrastructure Contributions and
Infrastructure Charges
The Owner is required to comply with the infrastructure contribution conditions
of the Development Permit and infrastructure charges issued for the
development.
4.3 Contribution in lieu of off-street parking
The Owner must pay the Council the greater of:
(a) the amount identified in Schedule 2 of this Deed; or
(b) the amount calculated in accordance with the formula in clause 4.4.
4.4 Indexed Infrastructure Contribution
The Infrastructure Contribution payable. identified in Schedule 2, shall be
indexed in accordance with the following formula:-
A=BxC
D
Where A = the Indexed Infrastructure Contribution amount at the time the
payment is made.
Where B = the Infrastructure Contribution identified in Schedule 2.
Where C = the Index Number for the quarter immediately preceding the date
upon which the Infrastructure Contribution is being paid; and
Where D = the Index Number for the December quarter 2014.
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4.5 Time for payment
The Infrastructure Contribution is payable before the day stated in Schedule 2,
or if no day is specified in Schedule 2:
(a) if the contribution applies to reconfiguring a lot that is assessable
development or development requiring compliance assessment-before
the local government approves the plan of subdivision for the
reconfiguration; or
(b) if the contribution applies to building work that is assessable
development or development requiring compliance assessment-before
the certificate of classification for the building work is issued; or
(e) if the contribution applies to a material change of use-before the
change of use happens.
4.6 Payment to Council
The Contribution in lieu of off-street parking shall be paid to Council unless the
Owner is directed in writing by Council to pay it otherwise.
5 GOODS AND SERVICES TAX
5.1 Interpretation
In this clause:
(a) expressions which are not defined but which have a defined meaning
in GST Law have the same meaning as in the GST Law.
(b) "GST Law" has the meaning given to that expression in A New Tax
System (Goods and Services Tax) Act 1999.
(c) "GST Amount" means the amount referred to in clause 5.3 (Payment
of GST).
5.2 Consideration GST exclusive
Unless otherwise expressly stated, all prices or other sums payable or
consideration to be provided under this Deed are exclusive of GST.
5.3 Payment of GST
If GST is payable by a supplier on any supply made under this Deed, the
recipient will pay to the supplier an amount equal to the GST payable on the
supply.
5.4 Timing of GST payment
The GST Amount will be paid by the recipient on the same date the
consideration for the supply is to be provided under this Deed.
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5.5 Tax invoices
The recipient is not required to pay the GST Amount until the supplier has
provided the recipient with a tax invoice in respect of the taxable supply. If the
supplier has not provided the recipient with a tax invoice prior to the time that
the GST Amount is otherwise payable under this clause, the recipient must pay
the GST Amount within five days of the receipt of the tax invoice.
5.6 Adjustment events
If at any time an adjustment event arises in respect of a taxable supply made
by a supplier under this Deed the supplier will provide the recipient with an
adjustment note for the adjustment immediately upon becoming aware of the
adjustment. Where such an adjustment event arises, a corresponding
adjustment will be made to the GST Amount and a payment will be made by
the recipient to the supplier or the supplier to the recipient as the case requires.
5.7 Reimbursements
Where a party is required under this Deed to pay for or reimburse an expense
or outgoing of another party, the amount to be paid by the first party is the sum
of:
(a) the amount of the expense or outgoing less any input tax credits in
respect of the expense or outgoing that the other party is entitled to; and
(b) if the payment by the first party is consideration for a taxable supply, an
amount equal to the GST payable by the other party in respect of the
payment.
5.8 Representatives
In the event that liability for payment of GST in respect of a supply under this
Deed is imposed upon a representative of a supplier, this Clause 5 (Goods and
Services tax) shall nonetheless apply and any amounts to be calculated
pursuant to this clause shall be calculated in all respects as if the supplier was
liable for the GST imposed on such supply and entitled to input tax credits
properly allocated to the making of that supply.
5.9 Pay As You Go ("PAYG")
PAYG instalments will be deducted from payments to be made to the Claimant
if at the time of payment the Claimant has not provided to the Council a valid
Australian Business Number or if the Council otherwise reasonably forms the
view that deductions are required to be made under Par 2-5 of the Taxation
Administration Act 1953.
6 DEFAULT BY OWNER OR PROPONENT
6.1 Rights of the Council on default
If the Proponent or Owner fails to duly perform and fulfil any or all of its
obligations under Clause 4 the Council may recover from the Owner in respect
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to Clause 4.3 the whole amount of the payment of contributions (if any) not paid
by the Proponent or Owner.
6.2 Application of money
The Council may apply any sum recovered or received by it pursuant to Clause
6.1 (rights of the council on default) as far as the sum may extend to or towards
all or anyone or more of the following:
(a) reduction or discharge of the payments or contribution payable by the
Proponent or Owner under this Deed; and
(b) reimbursing itself for the cost of works done and for any damages
suffered by it.
7 NOVATION OF DEED UPON SALE
7.1 Sale of the Subject Site
The Owner and any future owner must not sell or transfer the Subject Site prior
to the performance and fulfilment of the Special Conditions in item 6 except
subject to the condition that the purchaser (in this clause called "the
Purchaser") shall enter into a deed of novation of this Deed or a replacement
Deed with the Council, whereby the Purchaser becomes contractually bound to
the Council to perform and comply with the Special Conditions, or such of them
as remain unperformed or unfulfilled by the Owner at the time of such sale.
7.2 Owner to remain liable
In the event that the Owner sells or transfers the Subject Site otherwise than in
compliance with Clause 7.1 the Owner must perform and fulfil the Special
Conditions at such time or times as the Council stipulates, even if the time or
times otherwise appointed for such performance and fulfilment have not then
arrived.
7.3 Release from Liability
In the event that the Purchaser enters into a deed of novation or such further
deed or agreement which contractually obliges the Purchaser to the Council to
perform the Covenants, the Owner shall be forever released from the Special
Conditions or any further liability pursuant to this Deed or otherwise arising
from its subject matter and the provisions of this clause may be pleaded as a
bar to any proceedings brought by the Council.
8 RECONFIGURATION OF THE SUBJECT SITE
8.1 Reconfiguring and compliance
If the Subject Site is reconfigured under the provisions of the SPA and the
obligations under clause 4.3 and the Special Conditions of this deed have been
satisfied, then this deed no longer remains attached to the reconfigured lots
and the Owners of the reconfigured lots are not bound by this deed.
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8.2 Reconfiguring and non-compliance
If the Subject Site is reconfigured to create a lot comprising the Subject Site or
part of the Subject Site and the obligations under clause 4.3 and the Special
Conditions of this deed have not been satisfied, this deed remains attached to
the reconfigured lot and the Owner of the reconfigured lot remains bound by
this deed.
9 SERVICE
9.1 Service by prepaid post
A Notice is sufficiently made. given or served by a party if left at or forwarded
by prepaid post in an envelope addressed to the other party or any of them
(where there are more persons than one person comprising the other party) at
the address of that party specified in Schedule 1.
9.2 Deemed service
A Notice if sent by prepaid post is deemed to have been made, given or served
at the time when in the due course of the post it would be delivered at the
address to which it is directed whether or not it is actually received.
9.3 Proof of service
In proving service of a Notice made, given or served by the Council it is only
necessary for the Council to certify to that effect under the hand of the Chief
Executive Officer.
9.4 Form of Notice
(a) A Notice given by a party must be in writing and signed by the party.
(b) A Notice given by a party may be signed by an officer of that party or
the solicitor for that party.
(c) A party receiving a Notice is not obliged to enquire as to the authority of
the person signing the Notice.
10 MISCELLANEOUS
10.1 Payment of costs
(a) Each party shall pay their own costs, charges and expenses of and incidental to
the negotiation, preparation, execution, completion and stamping of this Deed,
all counterparts of it and any other document required under this Deed.
10.2 Time
Time is, in all cases, of the essence.
10.3 Place for payment of monies
All monies payable to a party under this deed are payable free from all
deductions at the address of that party specified in Schedule 1.
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10.4 Waiver
No waiver by the Council of any breach by the Proponent or Owner of any of
the provisions of this Deed shall be implied against the Councilor be otherwise
effective unless it is in writing under the hand of the Chief Executive Officer.
10.5 Laches and delay
No laches or delay by the Council at any time or times in enforcing any of its
rights, powers and the like under this Deed prejudice or affect those rights or
powers.
10.6 Severance
If any provision of this Deed cannot be given effect or full force and effect by
reason of statutory invalidity that provision shall be served or read down but so
as to maintain and uphold so far as possible the remaining provisions of this
deed.
10.7 Warranty of authority
Any person signing this Deed:
(a) as attorney of any party warrants to the other parties that at the date of
execution that person has not received any notice or information of the
revocation of the power of attorney appointing that persons; and
(b) as an authorised officer, agent or trustee of any party warrants to the
other parties that at the date of execution that person has full authority
to execute this deed in that capacity.
10.8 Further assurances
Each party agrees at its cost to do everything reasonably necessary to give
effect to this deed.
10.9 Force Majeure
(a) If a party is unable by reason of an event of Force Majeure to carry out
its obligations under this Deed, that party must give a Notice to the
other party advising of the event of the Force Majeure as soon as it is
reasonably practicable after the event of a Force Majeure.
(b) If a party gives a Notice advising of an event of Force Majeure, that
party's obligations will be suspended during the period for which the
event of Force Majeure or its effect extends.
(c) Where the obligations of the Council are dependent upon the
occurrence of specified circumstances, then the Council will be relieved
of its obligations for so long as there is a change or deviation or non-
occurrence of those circumstances arising from a matter beyond the
Council's Control.
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10.10 Amendment of deed
(a) Despite any provision of this deed, the parties may at any time agree to
vary the terms of this Deed
(b) No modification, variation or amendment of this Deed is of any force or
effect unless:
(i) it is in the form of an amendment Deed and has been signed by
the parties; and
(ii) where relevant the amendment Deed complies with the
requirements of the Act.
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SCHEDULE 1
Deed Details
ITEM 1 Date The Commencement Date
ITEM 2 Name of Deed AICR Infrastructure Deed in respect of
payment of Infrastructure
Contributions for a Development
Permit for Material Change of Use -
Retail Business Type 2 - Shop and
Salon
ITEM 3 Council Noosa Shire Council
9 Pelican Street, Tewantin in the State
of Queensland
PO Box 141, Tewantin QLD 4565
ITEM 4 Proponent Cammeray Investments Pty Ltd
ACN 010105816
PO Box 1780, NOOSA HEADS, QLD
4567
ITEM 4A Owner Cammeray Investments Pty Ltd
ACN 010105816
PO Box 1780, NOOSA HEADS, QLD
4567
ITEM 5 Su bject Site Lot 6 N 21827
County of March
Parish of Weyba
15 Noosa Dr, NOOSA HEADS, OLD
4567
ITEM 6 Special Conditions The Infrastructure Contribution must
be paid in accordance with clause 4.3
of this deed
ITEM 7 Development Application MCU14/0053
ITEM 8 Development Pennit Development Permit for Material
Change of Use -
Retail Business Type 2 - Shop and
Salon (MCU 14/0053)
ITEM 9 Appeal Not Applicable
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SCHEDULE 2
Contribution in lieu of off-street parking
The Contributions in lieu of off-street parking are detailed in Table 1 Contributions in lieu
of off-street parking.
Iiii.fu!1 Contributi~ns in lieu of off-street parking =:1
Amount Payable
INFRASTRUCTURE CONTRIBUTION
Current at CPI: December 2014
Contribution in lieu of off-street parking for 6 car park spaces $135,732.00
TOTAL =
$135,732.00
(Subject to indexation applicable at date of payment)
PAYMENT OF THE INFRASTRUCTURE CONTRIBUTION
i. The financial contribution is payable in accordance with this Infrastructure
Agreement.
ii. The due date for payment of the financial contribution is: before the change of
use happens
iii. The contribution is to be paid to Noosa Council.
iv. Payment of infrastructure contributions by credit card transaction will not be
accepted.
v. Please contact Council directly via telephone on: (07) 5329 6211 or 5329 6449
during office hours or alternatively via email: [email protected] a minimum of
5 business days prior to payment of the infrastructure contributions for the current
indexed amounts applicable at the time of payment.
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EXECUTED AS A DEED.
This deed dated this day of 2014
BETWEEN NOOSA SHIRE COUNCIL a Local Government duly constituted under
the provisions of the Local Government Act 2009
("Council")
AND CAMMERAY INVESTMENTS PTY LTD ACN 010105816
("the Proponent" and "the Owner")
SIGNED SEALED AND DELIVERED by the delegated officer
for and on behalf of the NOOSA SHIRE COUNCIL:
(Name)
(Signature)
(Date)
In the presence of Witness being a Justice of the Peace:
(Name)
(Signature)
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•
"the Proponent & Owner"
Executed by CAMMERAY INVESTMENTS PTY LTD ACN 010105816
In accordance with Section 127 of the Corporations Act 2001:
::~~i~,~=(~
s. .
rr ;:~inv~~=~~
...... /.?J.I1J ..3. J..7!J. f
(Date) (Date)
In the presence of Witness being a Justice of the Peace:
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