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ECOLOGICAL ASSESSMENT
REPORT


3 - 7 Serenity Close, Noosa Heads




12 July 2023




                                           Litoria Consulting
                                                 PO Box 461
                                        Paddington Qld 4064
                                    Level 3/22 Wandoo Street
                                      Fortitude Valley Q 4006
                                              T 07 3852 4855
                                          [email protected]
                                               litoria.com.au
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Full text of sections 2 to 136 (of 435)

Section 2

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads




    DOCUMENT ISSUE & COPYRIGHT NOTICE
  Title:                      Ecological Assessment Report

  Client:                     Calile Malouf Investments Pty Ltd

  Date:                       12 July 2023

  Version:                    1.0

  Distribution:               Cal Malouf & Michael Malouf, Calile Malouf Investments
                              Andrew Stevens, Project Urban

© Copyright Litoria Consulting Pty Ltd (2023)

This document is the property of Litoria Consulting Pty Ltd. This document and the information contained in it are solely for the
use of the authorised recipient and, other than fair dealing for the purposes of private study, research, criticism, or review as
permitted under the Copyright Act, this document may not be used, copied or reproduced in whole or part for any purpose other
than that for which it was supplied by Litoria Consulting.

Litoria Consulting Pty Ltd makes no representation, undertakes no duty and accepts no responsibility to any third party who may
use or rely upon this document or the information contained in it. If a third party uses or relies on the facts, content, opinions or
subject matter contained in this report with or without the consent of Litoria Consulting Pty Ltd, Litoria Consulting Pty Ltd
disclaims all risk and the Third Party assumes all risk and releases and indemnifies and agrees to keep indemnified Litoria
Consulting Pty Ltd from any loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.

This report may contain general information about legal matters. The information is not legal advice and should not be treated as
such. You must not rely on the information on this report as an alternative to legal advice from your solicitor or other professional
legal services provider. If you have any specific questions about any legal matter you should consult your solicitor or other
professional legal services provider.

This report may contain general information about building work made assessable under the Building Act 1975 (Qld), including
Bushfire Attack Levels (BAL). Information relating to BAL contained in the report is for planning purposes only and does not
constitute an assessment of BAL for the purposes of the National Construction Code or a building application under the Building
Act 1975 (Qld). It should not be relied upon for building approval purposes.

Copyright & Limited Liability Notice:

Parts of this document contain material originally prepared by:

    ●   Department of Agriculture and Fisheries
    ●   Department of Climate Change, Energy, the Environment and Water
    ●   Department of Environment and Science
    ●   Department of Resources
    ●   Geological Survey of Queensland
    ●   National Committee on Soil and Terrain
    ●   Nearmap
    ●   Noosa Council

This material remains the intellectual property and copyright of each of the respective parties. Litoria Consulting Pty Ltd accepts
no liability for the quality of the information obtained from the respective parties that is contained in the report. Nothing in this
legal disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities
that may not be excluded under applicable law.

Section 3

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads




CONTENTS
1      Introduction                                 3

2      Development                                  5

2.1         Existing development                    6

2.2         Approved Development                        7

    2.2.1 Local and State Approvals                     7

    2.2.2 Commonwealth Approval                    10

2.3         Proposed Change                         11

2.4         Summary                                 12

3      Matters of Environmental Significance        15

3.1         Commonwealth (MNES)                     15

3.2         State (MSES)                           16

3.3         Local (MLES)                           26

3.4         Summary                                27

4      Existing Environment                        28

4.1         Topography                             29

4.2         Geology                                30

4.3         Waterways and Wetlands                  31

4.4         Vegetation                             33

    4.4.1 Methods                                  33

    4.4.2Results                                   34

4.5         Fauna                                  40

    4.5.1 Methods                                  40

    4.5.2 Results                                  41

4.6         Summary                                43

5      Impact Assessment                           45




                                               1 | 66

Section 4

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads


5.1        Waterways and Wetlands             45

5.2        Vegetation                         46

    5.2.1 Noosa Plan 2020                     50

5.3        Fauna                               51

    5.3.1 Threatened Species                  53

    5.3.2 Noosa Plan 2020                     54

5.4        Significant Residual Impacts       55

5.5        Summary                            55

6     Management Measures                     57

6.1        Waterways and Wetlands             57

6.2        Vegetation                         57

6.3        Fauna                              59

6.4        Landscaping                         61

6.5        Rehabilitation                      61

7     Summary Assessment                      63

8     References                              65




                                          2 | 66

Section 5

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads



1 INTRODUCTION
The following Ecological Assessment Report (EAR) has been prepared by Litoria
Consulting Pty Ltd on behalf of Calile Malouf Investments Pty Ltd for land described as 3 -
7 Serenity Close, Noosa Heads (Lots 10 and 11 on SP195871). Refer to Figure 1 for a current
aerial photograph of the site.

The purpose of the EAR is to:

   ● Describe the ecological features and processes of the development site;
   ● Provide an assessment of the nature conservation values of these features and
       processes;
   ● Provide a description of threatening processes evident on site;
   ● Document potential development impacts upon these ecological values and
       features; and,
   ● Detail impact mitigation measures which will be undertaken to avoid or mitigate
       those impacts to an acceptable standard.

The EAR has been prepared generally in accordance with Noosa Council Planning Scheme
Policy 3 - Ecological assessment guidelines; however, also includes additional, targeted
survey for the Koala (Phascolarctos cinereus) and Glossy Black Cockatoo
(Calyptorhynchus lathami). The EAR includes:

   ● Identification of the flora, fauna and habitat of the site and its immediate
       environment to determine the ecological features,
   ● Identification of matters of environmental significance on and adjacent to the site,
   ● Determination of the potential impacts of the operation and construction phases of
       the development on the matters of environmental significance on and adjacent to
       the site, and on long term viability and function of these matters, and,
   ● Recommendations in relation to any measures or changes to the development
       design that may be required to avoid or mitigate any impacts of the development
       design, construction, and operation.

The EAR is organised into the following sections:

   ● Development description (approved and proposed),
   ● Matters of environmental significance:
       ­   Commonwealth (National),
       ­   State, and,
       ­   Local,
   ● Existing environment,
   ● Impact assessment,
   ● Environmental management measures,
   ● Summary, and,
   ● Technical appendices.




                                                                                      3 | 66

Section 6

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads




FIGURE 1: RECTIFIED DIGITAL AERIAL PHOTOGRAPH OF THE SITE (NEARMAP 2023).




                                                                            4 | 66

Section 7

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads



2 DEVELOPMENT
The following section of the report provides an overview of:

   ● Existing development on the site,
   ● Current approved development,
   ● Changes proposed to the approved development as part of the current application
       (the proposed change).




                                                                                5 | 66

Section 8

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads


2.1    EXISTING DEVELOPMENT


The site is currently used for a sales office, construction site offices and amenities and
construction carparks for adjacent development sites in Serenity Close. The existing
development footprint occupies over 30% of the site area. The extent of these areas has
been surveyed and is indicated in Figure 2.




FIGURE 2: EXISTING DEVELOPMENT (SOURCE: NEARMAP 2023).




                                                                                         6 | 66

Section 9

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads


2.2 APPROVED DEVELOPMENT


The site has a history of approvals which extend from 2010 to the change to existing
approval which was granted in 2017.


2.2.1    LOCAL AND STATE APPROVALS


On the 8 April 2010, Sunshine Coast Regional Council issued a Development Permit for
Multiple Dwelling (109 Dwelling Units) and Accommodation Building (90 Accommodation
Units) and Ancillary Facilities (MCU 2008/276). An appeal was lodged with the
Environment Court and the Court subsequently issued a development approval on the 14
October 2011 (Planning and Environment Court Appeal 18 of 2010). The original
development application (MCU 2008/276, 8 April 2010) was assessed and approved
under the superseded Planning Scheme & Strategic Plan 1997, together with the
associated State referrals and codes which were applicable at the time the application was
originally made (13 March 2008) (Council Application Ref.: 132008.176).

On the 6 December 2013, the Planning and Environment Court approved a change to
condition 35 of the 2010 approval - extending the relevant period until 8 April 2017 and
included an additional condition (condition 106) for a monetary contribution of $44,160
for the offset of 48 koala habitat trees in accordance with the Policy for Offsets for Net
Gain of Koala Habitat in South East Queensland, which was current at that time. The offset
was subsequently paid by the applicant and was used for the planting and maintenance of
300 Koala habitat trees within the Girraween Nature Refuge.

On the 7 February 2017, Noosa Shire Council approved an existing approval to change
condition 35, extending the relevant period until 8 April 2021. The relevant period was
further extended for 12 months (until 8 April 2022) resulting from the extensions granted
by the Minister for Planning associated with the declared COVID-19 applicable event. A
further application to extend the currency period of the original approval was made in
2022. As such, the 2017 development approval remains current.

The 2017 change to existing approval (Council Application Ref.: 132008.176.03, 7 February
2017) is for a Resort Development comprising Multiple Dwelling (109 Dwelling Units) and
Accommodation Building (90 Accommodation Units) and Ancillary Facilities. An extract
from the approved plans is shown in Figure 3. The 2017 change to existing approval did
not change the State Government referral agency conditions from the original 2010
development approval, including those from:

   ● Department of Natural Resources and Water (DRW) (Ref.: IC0508NAM0002, 12 June
        2008), and
   ● Department of Environment and Resource Management (DERM) (Ref.: 324907, 8
        January 2010).




                                                                                        7 | 66

Section 10

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads

The current Council and State development approvals contain a series of conditions and
several approved plans relating to environmental management. The relevant conditions
include:

   ● Change Application to a Material Change of Use (Noosa Council, Application Ref.:
       132008.176.03, 7 February 2017)
       ­    Approved Plans – Condition 1
       ­    General – Condition 2
       ­    Vegetation – Conditions 15 – 18
       ­    Fauna Spotter – Condition 19
       ­    Landscaping – Condition 20
   ● Concurrence Agency Response (DERM, Application Ref.: 324907, 8 January 2010)
       ­    General – Condition 1
       ­    Koala Habitat – Conditions 2 – 14

Analysis of the approved plans and conditions indicates that the approved development
footprint includes:

   ● Residential High Density Building Envelope – refer to Figure 5 in the approved Fauna
       Management Plan (C & B Group, May 2005; Appendix 1) and condition 2 (DERM,
       Application Ref.: 324907, 8 January 2010).
   ● Retention and protection of 17 Koala and Glossy Black Cockatoo habitat trees and
       any other trees within setback and open space areas – refer to approved plan L-SD-
       1.01 (DBI Design Pty Ltd, Rev. A, August 2009; Appendix 1) and conditions 15 – 16
       (Noosa Council, Application Ref.: 132008.176.03, 7 February 2017).

Conditions 15 and 16 are stated in the 2017 Council development approval as:

           15. 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
           approved Settler’s Cove Management Plans or the conduct of the approved use.

           16. The Koala and Glossy Black Cockatoo habitat trees identified for retention on
           plan L-SD-1.01 (Rev. A) dated August 2009 by DBI Design Pty Ltd shall be retained.

Despite condition 15 which states that existing trees should be retained except where
required to be removed due to building operations, requirements of the approved Settler’s
Cove Management Plans or the conduct of the approved use, analysis of the approved
plans indicates that:

   ● only 17 trees are required to be retained sensu strictu, and
   ● the development footprint resulting from the approved plans, particularly the
       Residential High Density Building Envelope, would result in clearing, earthworks,
       services, landscaping and building within the balance areas of the site.




                                                                                          8 | 66

Section 11

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads

A plan indicating the approved development footprint is shown in Figure 4. The total
development footprint for the approved development is approximately 23,600 sqm 1.




FIGURE 3: EXTRACT FROM APPROVED PLAN - SITE PLAN LEVEL 1 LOWER GROUND LEVEL A-
SD-1.101 G, DATED 25 AUGUST 2009, PREPARED BY DBI DESIGN.




1 Total area based on the exclusion of Tree Protection Zones (TPZs) calculated for surveyed Koala and Glossy Black Cockatoo

habitat trees shown as retained on the approved plans. Locations of the Koala and Glossy Black Cockatoo habitat trees are based
on a 2022 – 2023 tree survey.



                                                                                                                       9 | 66

Section 12

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads




FIGURE 4: APPROVED DEVELOPMENT FOOTPRINT.


2.2.2    COMMONWEALTH APPROVAL


In addition to local and State government approvals, an Environment Protection and
Biodiversity Conservation Act 1999 (Cth) (EPBC Act) referral associated with the
approved development was made on the 19 April 2013.

On the 4 June 2013, it was determined that the approved development was not a
controlled action i.e., an EPBC Act approval was not required.




                                                                                     10 | 66

Section 13

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads


2.3 PROPOSED CHANGE


On the 10 October 2022, a change application was made to Noosa Council (‘proposed
change’). The proposed change is for a resort complex with ancillary retail. The
development comprises resort accommodation, with 174 rooms, 16 suites and five (5)
villas; resort facilities, including restaurants, function rooms, indoor and outdoor
recreation, well-being and open space areas; and resort retail. Based on the architectural
plans (Richards and Spence Architects, Drawing No. SD-A-01-01-G – SD-A-01-07-G, Rev. J,
5 July 2023) and preliminary earthworks plan (ALTA Projects, Drawing No. A6769-
23_SK19, Rev. 2, 6 July 2023), the total development footprint for the proposed change is
approximately 15,630 sqm.

Preliminary design advice received from the project engineers indicates that earthworks
will be largely confined to the development footprint, however there may be some
additional works outside of the development footprint to allow for driveway access and
services, such as, stormwater.

The proposed change is shown in Figure 5. Refer to Appendix 2, for copies of the
proposed plans.




                                                                                       11 | 66

Section 14

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads




FIGURE 5: PROPOSED CHANGE (SOURCE: RICHARDS AND SPENCE ARCHITECTS, DRAWING NO.
SD-A-01-01-G – SD-A-01-07-G, REV. J, 5 JULY 2023).



2.4 SUMMARY


The assessment of potential impacts in this report will be limited to the proposed change,
as only the additional impacts beyond the impacts of the approved development can be
permissibly assessed. As such, the proposed changes can be described as follows:

    ● A decrease in development footprint of 7,970 sqm 2 (34%), due to the additional
        retention of vegetation along the perimeter of the site boundary.
    ● An increase in development footprint of 74 sqm (< 0.5%) to allow for driveway
        access.




2 Based on the total development footprint area indicated on the architectural plans. It has been assumed that earthworks will be

largely confined to the development footprint, however, some additional works may be located outside of the development
footprint to allow for access and services, such as, stormwater.



                                                                                                                        12 | 66

Section 15

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads

The net impacts resulting from the proposed change can be described as the difference in
area between the proposed change and the approved development footprint. Therefore,
the net impact area of the proposed change is -7,970 sqm, which results in a net positive
impact in terms of potential development footprint. The proposed change can be seen in
Figure 6.


Where relevant, the extent of the proposed change to the approved development
footprint is referred to as the ‘assessable area’ in the following sections of this report
(Refer to ‘hatch’ in Figure 6).


The area of the existing development, approved development and proposed change are
summarised in Table 1 below.

TABLE 1: DEVELOPMENT AREAS.

 Development               Total area (sqm)   Total area of the site (%)
 Existing development      7,271              30%

 Approved development      23,600             98%

 Proposed change           15,630             65%

 Total area of site        24,018             -




                                                                                         13 | 66

Section 16

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads




FIGURE 6: COMPOSITE PLAN OF THE PROPOSED CHANGE.




                                                   14 | 66

Section 17

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads



3 MATTERS OF ENVIRONMENTAL
       SIGNIFICANCE
This section of the report provides an overview of relevant statutory environmental
assessment, planning and approval requirements relating to:

      ● matters of national environmental significance (MNES),
      ● matters of State environmental significance (MSES),
      ● matters of local environmental significance (MLES).



3.1     COMMONWEALTH (MNES)


Environmental regulation at the federal government level is driven by the EPBC Act. The
EPBC Act deals mainly with matters of national environmental significance (protected
matters) including:

      ● World Heritage places;
      ● National Heritage places;
      ● RAMSAR wetlands (Wetlands of international importance);
      ● Nationally threatened species and ecological communities;
      ● Migratory species;
      ● Commonwealth marine areas;
      ● Nuclear actions; and,
      ● Water resources 3.

Where development or action has, will have, or is likely to have a significant impact on
MNES, the development must be referred to the Federal Environment Minister prior to
commencing the action. The Minister will then decide within 20 business days whether
assessment is required under the EPBC Act. When making a decision on whether a
proposed development requires assessment, the Minister must consider all relevant
information and act in a manner consistent with natural justice and procedural fairness
obligations.

An EPBC Act referral associated with the approved development was made on the 19
April 2013. On the 4 June 2013 it was determined that the approved development was not
a controlled action i.e. EPBC Act approval not required. Therefore, impacts on MNES are
not discussed in this report.




3 Water resources are a MNES in relation to coal seam gas development and large coal mining development.




                                                                                                     15 | 66

Section 18

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads


3.2 STATE (MSES)


Matters of state environmental significance (MSES) are a component of the biodiversity
state interest that is defined under the State Planning Policy (SPP) and defined under the
Environmental Offsets Regulation 2014 (Offset Regulation). MSES includes certain
environmental values that are protected under Queensland legislation including the:

   ● Nature Conservation Act 1992,
   ● Marine Parks Act 2004,
   ● Fisheries Act 1994,
   ● Environmental Protection Act 1994,
   ● Regional Interests Planning Act 2014,
   ● Vegetation Management Act 1999, and,
   ● Environmental Offsets Act 2014.

The SPP identifies State interests that a local government must consider when preparing
or amending planning schemes. According to Part 2, Section 2.1 of the Noosa Plan 2020,
aspects relating to MSES have been appropriately reflected in the new planning scheme.

The relevant MSES that apply to the assessable area are outlined in the following table.

TABLE 2: MATTERS OF STATE ENVIRONMENTAL SIGNIFICANCE UNDER THE STATE PLANNING
POLICY.

  MSES                                                         Relevance
  Protected areas under the Nature Conservation Act            Not applicable.
  1992

  Marine parks and land within a ‘marine national park’,       Not applicable.
  ‘conservation park’, ‘scientific research’, ‘preservation’
  or ‘buffer’ zone under the Marine Parks Act 2004
  Areas within declared fish habitat areas that are            Not applicable.
  management A areas or management B areas under
  the Fisheries Regulation 2008

  Wetlands in a wetland protection area or wetlands of         Not applicable.
  high ecological significance shown on the map of
  referable wetlands under the Environmental
  Protection Regulation 2008
  Wetlands and watercourses in high ecological value           Not applicable.
  waters identified in the Environmental Protection
  (Water) Policy 2009, schedule 1
  Legally secured offset areas as defined under the            Not applicable.
  Environmental Offsets Act 2014
  Threatened wildlife under the Nature Conservation            The Nature Conservation Act 1992 (Qld) (NC Act)
  Act 1992 and special least concern animal under              is the principal legislation for the protection of all
  the Nature Conservation (Wildlife) Regulation 2006           native wildlife (flora and fauna) and the creation
                                                               and management of protected areas in



                                                                                                                 16 | 66

Section 19

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads

    MSES                                                      Relevance
                                                              Queensland. Of relevance to the site is the
                                                              potential presence of threatened 4 wildlife (plant or
                                                              animal) species.
                                                              Relevant mapping indicates that the site
                                                              contained:
                                                              • MSES wildlife habitat [endangered or
                                                                vulnerable] (Figure 7)
                                                              • MSES wildlife habitat [special least concern]
                                                                (Figure 7)
                                                              • MSES wildlife habitat [SEQ koala habitat - core]
                                                                (Figure 8)
                                                              In addition, a search was undertaken to identify
                                                              threatened wildlife that may occur, are likely to
                                                              occur or are known to occur within 3 km of the
                                                              site. A search of the Queensland Department of
                                                              Environment and Science (DES) Wildlife Online
                                                              database (Department of Environment and
                                                              Science 2023) was undertaken for species
                                                              recorded within a 3 km radius of the site since
                                                              1980 (Appendix 3).
                                                              The State Development Assessment Provisions
                                                              (SDAP) provide assessment benchmarks for the
                                                              assessment of development applications involving
                                                              the State Assessment and Referral Agency
                                                              (SARA). State Code 25 is the relevant part of the
                                                              SDAP which applies to development in South East
                                                              Queensland Koala Habitat Areas. Given the
                                                              changed development is consistent with the
                                                              original development approval, the relevant
                                                              considerations arising from the change to the
                                                              koala regulations in the Planning Regulation 2017
                                                              are not engaged.

    Waterways that provide for fish passage under the         Relevant fisheries resource mapping indicates that
    Fisheries Act 1994 (excluding waterways providing         the site contains a ‘moderate’ risk of impact
    for fish passage in an urban area)                        waterway for waterway barrier works (Figure 9).
                                                              Any future operational works that result in a
                                                              waterway barrier may require a referral to the
                                                              State.

    High risk area on the flora survey trigger as described   The NC Act includes a risk-based approach to the
    by the Environmental Offsets Regulation 2014              management of protected plants. Where an area
                                                              proposed to be cleared contains native plants in
                                                              the wild and the area is shown as high risk area on




4
 Extinct in the Wild (EX), Endangered (E), Vulnerable (V) or Near threatened (NT) wildlife pursuant to the
Nature Conservation (Wildlife) Regulation 2006 (Qld) (NC Reg.).



                                                                                                                17 | 66

Section 20

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads

  MSES                                                     Relevance
                                                           the Protected Plants Flora Survey Trigger Map, a
                                                           flora survey of the clearing impact area must be
                                                           undertaken prior to any potential clearing. The
                                                           protected plants requirements are independent of
                                                           vegetation management requirements under other
                                                           Acts and are intended to regulate the clearing of
                                                           threatened plants that are, or are likely to be,
                                                           present within the area to be cleared.
                                                           The Protected Plants Flora Survey Trigger Map
                                                           indicates that the assessable area is within a high
                                                           risk area (Figure 10).
                                                           A flora survey in accordance with the Flora Survey
                                                           Guidelines – Protected Plants and protected plant
                                                           clearing permit or exempt clearing notification will
                                                           be completed prior to clearing work in accordance
                                                           with the NC Act and the Nature Conservation
                                                           (Plants) Regulation 2020.
  Regulated vegetation under the Vegetation                The Vegetation Management Act 1999 (Qld) (VM
  Management Act 1999 that is:                             Act) regulates the clearing of vegetation on
  • Category B areas on the regulated vegetation           freehold land which is assessable development
    management map, that are ‘endangered’ or ‘of           (‘work’) under the Planning Act 2016 (Qld)
    concern’ regional ecosystems                           (Planning Act). The VM Act is administered by the
  • Category C areas on the regulated vegetation           Department of Resources. Under the Act, remnant
    management map that are ‘endangered’ or ‘of            vegetation is classified and mapped according to
    concern’ regional ecosystems                           the Regional Ecosystem methodology described
  • Category R areas on the regulated vegetation
                                                           by Sattler and Williams (1999).
    management map
                                                           The Planning Regulation 2017 (Qld) (Planning
  • Areas of essential habitat on the essential habitat
    map for wildlife prescribed as ‘endangered wildlife’   Reg.) prescribes assessable (and exempt) clearing
    or ‘vulnerable wildlife’ under the Nature              of native vegetation under the Planning Act.
    Conservation Act 1992                                  Vegetation which is regulated under the Act is
  • Category A, B, C, R areas that are located within a    indicated on the Regulated Vegetation
    defined distance from the defining banks of a          Management Map.
    relevant watercourse identified on the vegetation      Current Department of Resources regulatory
    management watercourse and drainage feature            mapping indicates that the assessable area
    map
                                                           contains:
  • Category A, B, C, R areas that are located within
                                                           • Category B area on the Regulated Vegetation
    100 metres from the defining bank of a wetland
                                                             Management Map (Figure 11) that is least
    identified on the vegetation management wetlands
                                                             concern regional ecosystem (RE) 12.2.5 (Figure
    map.
                                                             12). RE 12.2.5 is described by the Queensland
                                                             Herbarium as:
                                                                   Corymbia intermedia +/- Lophostemon
                                                                   confertus +/- Banksia spp. +/- Callitris
                                                                   columellaris open forest on beach ridges
                                                                   usually in southern half of bioregion.
                                                           • Essential habitat on the Essential habitat map
                                                             (Figure 12).




                                                                                                              18 | 66

Section 21

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads

  MSES                                                Relevance
                                                      • Regulated vegetation that is 100 m from a
                                                        wetland (Figure 13).
                                                      In this instance, clearing of regulated vegetation is
                                                      exempt clearing work in accordance with Schedule
                                                      21, Part 1, 1 (b) of the Planning Reg. as the lot is less
                                                      than 5 ha and the local government (Noosa
                                                      Council) is the assessment manager.
  High preservation areas of wild river areas under   Not applicable.
  the Wild Rivers Act 2005




FIGURE 7: SPP MATTERS OF STATE ENVIRONMENTAL SIGNIFICANCE (MSES) - SPECIES
(DEPARTMENT OF ENVIRONMENT AND SCIENCE 2023).




                                                                                                         19 | 66

Section 22

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads




FIGURE 8: SPP MATTERS OF STATE ENVIRONMENTAL SIGNIFICANCE (MSES) - KOALA HABITAT
AREA (SEQ) (DEPARTMENT OF ENVIRONMENT AND SCIENCE 2023).




                                                                           20 | 66

Section 23

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads




FIGURE 9: QUEENSLAND WATERWAYS FOR WATERWAY BARRIER WORKS (DEPARTMENT OF
AGRICULTURE AND FISHERIES 2016).




                                                                    21 | 66

Section 24

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads




FIGURE 10: PROTECTED PLANTS FLORA SURVEY TRIGGER MAP V9 (DEPARTMENT
ENVIRONMENT AND SCIENCE 2022).




                                                                      22 | 66

Section 25

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads




FIGURE 11: REGULATED VEGETATION MANAGEMENT MAP (DEPARTMENT OF RESOURCES 2023).




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FIGURE 12: VEGETATION MANAGEMENT SUPPORTING MAP (DEPARTMENT OF RESOURCES
2022, DEPARTMENT OF RESOURCES 2022).




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FIGURE 13: SPP MATTERS OF STATE ENVIRONMENTAL SIGNIFICANCE (MSES) - REGULATED
VEGETATION (DEPARTMENT OF ENVIRONMENT AND SCIENCE 2023).




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3.3 LOCAL (MLES)


The site is located within the Noosa Council local government area and is subject to the
provisions the Noosa Plan 2020 (planning scheme) (Noosa Council 2020). Table 3
provides an overview of the planning scheme zoning and environmental overlays which
apply to the site.

TABLE 3: PLANNING SCHEME DESIGNATIONS AND OVERLAYS.

    Real Property Description5               Lots 10 and 11 on SP195871

    Street Address or Property Name          3 - 7 Serenity Close, Noosa Heads Qld 4567

    Tenure 5                                 Freehold

    Local Government Area                    Noosa Council

    Council Planning Scheme                  Noosa Plan 2020

    Zoning                                   Tourist Accommodation and Environmental
                                             Management and Conservation

    Relevant Environmental                   Biodiversity, Waterways and Wetlands Overlay
    Overlays 6                               Map
                                              • Area Subject to Biodiversity Overlay (Figure 14):

                                                ˗ MSES Environmental Values
                                                ˗ Area of Biodiversity Significance




5
 While the tenure information of the subject lot/s is collated from the DCDB (Department of Natural Resources
and Mines), it should be considered a guide to the tenure only and does not assure accuracy of tenure, nor
details of any encumbrances or administrative advices over the subject lot/s. A property title search is
recommended to assure accuracy of the tenure of the subject lot/s.

6
 Other overlays may be applicable to the site; however, are not relevant to the EAR and have not been
addressed as part of this report.



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FIGURE 14: BIODIVERSITY, WATERWAYS AND WETLANDS OVERLAY MAP (NOOSA COUNCIL
2021).



3.4 SUMMARY


Review of the relevant statutory requirements relating to matters of environmental
significance indicate that the proposed change is to be assessed against the Noosa
Council - Biodiversity, Waterways and Wetlands Overlay Code.

If any waterway barrier works are proposed, an application will be required to the State
for waterway barrier works at the operational works stage of the development. In
addition, a protected plants flora survey is required prior to the commencement of any
clearing and either a clearing application or exempt clearing notification is to be
submitted to the State.




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4 EXISTING ENVIRONMENT
This section of report describes the ecological features of the site based on a combination
of:

      ● Field investigations (botanical survey, fauna survey and observations);
      ● Spatial analysis (GIS data); and,
      ● Review of relevant wildlife databases.

Results are described for physical characteristics of the site including topography,
geology and the presence of waterways and/or wetlands, together with biological
features including vegetation and fauna.




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4.1    TOPOGRAPHY


The landform pattern of the site can be described as predominantly south-facing,
undulating rises (UR) to rolling rises (RR) according to the National Committee on Soil and
Terrain (2009), with much of the land lying between 8.5 m and 22.5 m AHD (Figure 15).

Observed topography differed from the mapped contours due to existing development of
the land for car parking and sales office.




FIGURE 15: TOPOGRAPHY OF THE SITE (REFERENCE: PRELIMINARY EARTHWORKS LAYOUT
(ALTA PROJECTS, DRAWING NO. A6769-22-PEW01. REV. A, 5 OCTOBER 2022)).




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4.2 GEOLOGY


The geology of the land is comprised of coastal dune sands (Qd-QLD) (Geological Survey
of Queensland 2011). Table 4 outlines the specific details of the mapped geology, with
extents shown in Figure 16.

TABLE 4: GEOLOGY OF THE SITE.

  Name          Description
  Qd-           Well sorted fine to medium quartz sand with poor to moderately well-developed soils; modern
  QLD           to intermediate-aged dunes.




FIGURE 16: GEOLOGY OF THE SITE (GEOLOGICAL SURVEY OF QUEENSLAND 2011).




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4.3 WATERWAYS AND WETLANDS


The site is located within the Noosa River catchment and the Weyba Creek subcatchment.

Queensland Department of Environment and Science’s Wetland Mapping and
Classification v5.0 (‘Queensland Wetlands Map’) (Department of Environment and Science
2019) is a set of comprehensive, non-regulatory maps of Queensland’s wetlands at a scale
and level of detail that help wetland managers make accurate decisions about the
protection and care of wetlands. The Queensland Wetlands Map indicates that the site
contains wetland mosaic regional ecosystems described as Coastal / Sub-Coastal non-
floodplain tree swamps (Melaleuca and Eucalypt)) (Figure 17).

Site inspection indicated that the development footprint does not contain any waterways
or wetlands. The latter is consistent with the Noosa Council Biodiversity, Waterways and
Wetlands Overlay Map. Whilst the site is mapped as wetland mosaic RE 12.2.5 (palustrine
wetland) and some Melaleuca quinquenervia were present in downslope areas along the
southern boundary of the site, no wetlands were observed on site.




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FIGURE 17: QUEENSLAND WETLANDS MAPPING (DEPARTMENT OF ENVIRONMENT AND
SCIENCE 2019).




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4.4 VEGETATION


4.4.1    METHODS


DESKTOP

A search of the Queensland DES Wildlife Online database was undertaken for threatened 7
plant species recorded within a 3 km radius of the site since 1980 (Appendix 3)
(Department of Environment and Science 2023).

FIELD INVESTIGATIONS

Botanical survey and assessment of threatening processes present were carried out on 20
April 2023 by two (2) tertiary-qualified ecologists according to tertiary and quaternary
methods described in Methodology for Survey and Mapping of Regional Ecosystems and
Vegetation Communities in Queensland (Neldner, Wilson et al. 2019). The assessment was
carried out generally in accordance with Noosa Council Planning Scheme Policy 3 -
Ecological assessment guidelines.

The purpose of the survey and assessment was to determine:

    ● The extent, type, diversity and integrity / condition of vegetation communities
        present;
    ● The presence of any threatened or conservation significant plant species;
    ● Regional Ecosystems; and,
    ● The presence of exotic species including weeds.

Where present, the actual extents (boundaries) of remnant vegetation communities were
identified using survey and/or GPS location for GIS rectification with existing vegetation
maps of the site.

Results of the botanical survey are described according to vegetation communities
(Vegetation Survey Units = VSUs) observed within the survey extent. Vegetation Survey
Units were established and classified on the basis of tertiary and quaternary methods
described in Neldner et al. (2019) and included such criteria as:

    ● Strata (canopy, mid-storey, shrub or understorey);
    ● Relative species abundance in observed strata (dominant, co-dominant, common or
        associated);
    ● Landform;
    ● Aspect;
    ● Geology; and,




7
 Extinct in the Wild (EX), Critically Endangered (CE), Endangered (E), Vulnerable (V) or Near Threatened (NT)
wildlife pursuant to the Nature Conservation (Plants) Regulation 2020 (Qld).



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   ● Hydrology (where applicable).

In addition, the actual locations of trees greater than 150 mm diameter at breast height
(DBH) were identified and located via GPS within the survey extent, as indicated in the
Arborist Report and Vegetation Management Plan (Litoria Consulting, Issue A, 7 October
2022) (VMP). Tree attributes including fauna habitat features and condition / health were
recorded for each surveyed tree. Refer to the Arborist Report and VMP for further details.


4.4.2    RESULTS


DESKTOP

The results of the Wildlife Online database search indicated that 17 threatened plant
species have been recorded within a 3 km radius of the site since 1980.

The results of the database search are displayed in Table 5, together with the listed
presence or likelihood of the species or its habitat occurring within a 3 km radius of the
site.

TABLE 5: DATABASE SEARCH RESULTS - THREATENED PLANTS REF.

 Scientific Name                            Common Name                                   Presence       NCA
Acacia attenuata                           Whipstick Wattle                                   C           V
Acacia baueri subsp. baueri                Tiny Wattle                                        C           V
Acronychia littoralis                      Scented Acronychia                                 C            E
Allocasuarina emuina                       Mt. Emu She-oak                                    C            E
Arthraxon hispidus                         Hairy-joint Grass                                  C           V
Blandfordia grandiflora                    Christmas Bells                                    C            E
Bulbophyllum globuliforme                  Miniature Moss-orchid, Hoop Pine Orchid            C           NT
Carex breviscapa                           -                                                  C           V
Cryptocarya foetida                        Stinking Cryptocarya                               C           V
Glycine argyrea                            -                                                  C           NT
Lobelia membranacea                        -                                                  C           NT
Macarthuria complanata                     -                                                  C           NT
Pararistolochia praevenosa                 Richmond Birdwing Butterfly Vine                   C           NT
Phaius australis                           Lesser Swamp-orchid                                C            E
Rhodamnia rubescens                        Scrub Turpentine                                   C           CR
Rhodomyrtus psidioides                     Native Guava                                       C           CR
Symplocos harroldii                        Hairy Hazelwood                                    C           NT

TABLE CODES:

   ● Presence – C indicates presence confirmed within 3 km of site (based on DES Wildlife Online search).
   ● NCA – Indicates the Queensland conservation status of each taxon under the Nature Conservation Act
        1992, coded as Extinct (EX), Critically Endangered (CR), Endangered (E), Vulnerable (V), Near threatened
        (NT) or Least Concern (LC).




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FIELD INVESTIGATIONS

This section provides an overview of the observed vegetation communities based on the
results of the botanical survey. Field investigations indicated that:

   ● Parts of the site contained vegetation that was generally consistent with remnant RE
       12.2.5, however, the configuration differed and the overall area was less than what is
       mapped on Figure 11; and,
   ● The remainder of the site comprised cleared / disturbed areas, which correspond to
       the existing development footprint (refer to Section 2.1).

The location and extent of these areas can be seen in Figure 18. Photographs of the
observed vegetation can be seen in Figure 19 and Figure 20.

Areas generally consistent with remnant RE 12.2.5, comprised closed forest (8 – 20 m) of
Corymbia intermedia, Callitris columellaris, Eucalyptus tereticornis and Lophostemon
confertus. Mid-storey vegetation included a sub-canopy of predominantly native species,
particularly, Banksia aemula, Allocasuarina littoralis, Acronychia imperforata, Acacia
disparrima, Ricinocarpos pinifolius and Monotoca sp. (Fraser Island). The vegetation
contained tall shrub (4 – 8 m) and low shrub (1 – 4 m) strata comprised predominantly of
native vegetation. Understorey vegetation contained a mix of native and exotic species,
with some areas dominated by exotic species where adjacent to disturbance (i.e., car
parks, roads, recent urban development).

Based on botanical and tree survey, the observed patch of RE 12.2.5 was found to contain
hollow-bearing trees and areas supporting coarse woody debris, which are important
habitat features for locally endemic fauna species (Refer to Section 4.5.2 for full results of
the fauna assessment). Additionally, a significant number of dead or dying trees were
observed, particularly Allocasuarina littoralis and Banksia aemula, due to natural causes.
Widespread evidence of insect herbivory was also observed. Of the 17 Koala and Glossy
Black Cockatoo habitat trees approved for retention (DBI Design Pty Ltd, Drawing No. L-
SD-2.02, Rev. A, August 2009), eight (8) Glossy Black Cockatoo habitat trees were no
longer existing / present on site and three (3) habitat trees were in poor condition.

Cleared areas of the site are currently used for a sales office, construction site offices and
amenities and construction car parks for adjacent development sites in Serenity Close. The
existing development footprint occupies over 30% of the site area (Figure 2 and Figure
18).

In terms of disturbance, the existing development footprint contains patches of scattered
native trees as individuals or in clumps. Environmental weeds and restricted invasive
species, such as Megathyrsus maximus var. maximus and Asparagus aethiopicus,
comprised an estimated 95% of the total understorey biomass in these disturbed areas.
Due to the degradation of areas within the existing development footprint and
disturbance surrounding the site (i.e., buildings, roads and public pathways), the patch of
observed RE 12.2.5 is subject to edge effects, including weed invasion. Weeds are most
prevalent along the interface between cleared / disturbed areas on site and downslope
towards the public pathway and riparian areas adjacent to the site. Due to the relatively



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small area of vegetation on site, the patch is defined by edge effects, which has resulted in
weed infiltration throughout the patch. Environmental weeds and pest species were
present across the site in all strata – weed and pest species richness and relative
abundance tended to increase as the height of the strata decreased. That is, weed species
richness and abundance were greatest in the understorey and low shrub strata and lowest
in the canopy, sub-canopy and tall shrub strata.

Results of the botanical survey suggested that the survey area did not contain NC Act
threatened flora species occurring in the wild, nor any threatened ecological communities.
Two (2) threatened plants identified as Eucalyptus curtisii (near threatened under the NC
Act) were recorded along the northern street-facing perimeter of the site. As this species
in not known to naturally occur within the area, is not consistent with the observed RE and
is growing alongside other planted vegetation, it was determined that the Eucalyptus
curtisii observed on site do not occur in the wild.

Cymbidium suave, an epiphytic orchid, which is listed as a special least concern 8 species
under the NC Act, was identified growing on several trees on site. Due to the scope of the
tree survey, which only accounted for trees above a specific size threshold and excluded
certain areas of the site, a complete inspection of the site should be conducted to identify
the presence of Cymbidium suave prior to any vegetation clearing, to retain or translocate
individual plants (including host trees). Refer to Section 6 for detailed management
measures.

Full botanical survey results are contained in Appendix 4.

Based on the results of the field investigations, it was determined that areas containing
biodiversity values were less than the extent shown on the Noosa Council Biodiversity,
Waterways and Wetlands Overlay Map and differed in configuration. Ecologically
important areas (defined under Schedule 1 of Noosa Plan 2020) containing biodiversity
values were observed in all locations outside of the cleared / disturbed areas (i.e., within
observed RE 12.2.5) shown in Figure 18, however, were subject to disturbance and
threatening processes.

Overall results of the botanical assessment indicated:

    ● No NC Act threatened flora species, occurring in the wild, were observed on site as
        part of the survey, however, special least concern species, Cymbidium suave, was
        observed on several host trees throughout the site;
    ● Over 30% of the site has been cleared or disturbed to accommodate existing
        development features including, a sales office, construction site offices and
        amenities and construction car parks;
    ● Existing vegetation on site is generally consistent with remnant RE 12.2.5, however,
        the configuration and area of the vegetation was less than the mapped extents



8 Under Section 88D (2) of the NC Act, a regulation may prescribe a least concern plant to be a special least concern plant if the

taking or use of the plant is at risk of not being ecologically sustainable, including, for example, because of—
     (a) high commercial demand for the plant or a part of the plant; or
     (b) the biological traits of the plant.



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       indicated by the Noosa Council’s Biodiversity, Waterways and Wetlands Overlay Map
       (refer to Figure 18); and,
   ● Existing vegetation on the site contains a number of exotic and/or pest plants
       throughout the patch which are dominant along the interface between disturbed /
       cleared areas and throughout the understorey layer.




FIGURE 18: OBSERVED VEGETATION AND CLEARED / DISTURBED EXTENTS (NEARMAP 2023).




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FIGURE 19: TYPICAL OBSERVED VEGETATION (SOUTHERN SITE BOUNDARY).




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FIGURE 20: TYPICAL OBSERVED VEGETATION (NORTHERN SITE BOUNDARY).




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4.5 FAUNA


4.5.1    METHODS


DESKTOP

Prior to field assessment, a search was undertaken to identify threatened fauna species
that may occur, are likely to occur, or are known to occur within 3 km of the study site. A
search of the Queensland DES Wildlife Online database (Department of Environment and
Science 2023) was undertaken for all threatened fauna species recorded within a 3 km
radius of the site since 1980 (Appendix 3).

For each of the species identified from the database searches, an assessment of the
likelihood of the species utilising or occupying the site was undertaken based on a
heuristic decision-based approach incorporating known habitat associations and
preferences of species according to expert knowledge by Litoria ecologists and published
accounts of each species. The assessment was undertaken for 12 species, incorporating
threatened fauna species identified in the Wildlife Online report. Likelihood categories into
which each species was divided included:

        1. Confirmed: Species observed or recorded from the site based on systematic
           survey or opportunistic observations by Litoria ecologists, or based on credible
           anecdotal observations by other sources (p(x) = 100% 9);
        2. Likely: Site contains known or potential habitats for the species and species
           recorded from similar habitats in locality of the site (p(x) > 50%);
        3. Possible: Site contains known or potential habitats for the species; however,
           species not recorded from locality of the site, or vice versa (p(x) ≅ 50%); and
        4. Unlikely: Site does not contain known or potential habitats for the species and/or
           species not recorded from locality of the site (p(x) < 50%).

FIELD INVESTIGATIONS

A detailed Koala survey was conducted over the entire site by OWAD Environment on 20
April 2023 with a team of ecologists and a purpose-bred detection dog certified by the
Australian Canine Detection Certification Council for Koala and Quoll scat determination.
Refer to Appendix 5 for a full description of methods applied by OWAD Environment. Any
evidence of Koala usage (scat, sightings and Koala scratches) was also recorded during a
detailed tree survey and botanical survey, with over 100 hours spent on site between May
2022 and April 2023 by four (4) qualified ecologists.

A survey was conducted to assess the presence of the Glossy Black Cockatoo on site and
was conducted generally in accordance with the Queensland Government’s targeted




9 p(x) – represents the probability (p) that a given species (x) could occupy or utilise the site.




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species survey guidelines for Glossy Black Cockatoos (Hourigan 2012). Detection of Glossy
Black Cockatoo presence and foraging signs (orts) was conducted during a detailed tree
survey and botanical survey, with over 100 hours spent on site between May 2022 and
April 2023 by four (4) qualified ecologists. Survey for this species was focused on (but not
solely restricted to) areas with Allocasuarina trees and large hollow-bearing eucalypts. All
Allocasuarina cones contained in trees and surrounding leaf litter were thoroughly
examined during field investigations for damage characteristic of Glossy Black Cockatoo
foraging.

In addition to the targeted surveys, opportunistic records of fauna were collected while
traversing the site.


4.5.2    RESULTS


DESKTOP

Twelve (12) species of threatened fauna have been recorded within 3 km of the subject
site according to the DES Wildlife Online report (Department of Environment and Science
2023). The results of the database search are displayed in Appendix 3.

The fauna habitat suitability assessment indicated that of the 12 species, five (5) species
were deemed to have an unlikely usage of the site. This is largely based on inappropriate
habitat present within the vicinity of the site (e.g., absence of estuarine habitat for the
Beach Stone-curlew).

The assessment also indicated that four (4) species could likely utilise or occupy the site
at some time and three (3) could possibly utilise or occupy the site at some time. Those
deemed likely to occupy the site are discussed below. With full results of the assessment
available in Appendix 7.

White-throated Needletail ( Hirundapus caudacutus): Vulnerable under the NC Act. This
species is typically associated with open-forests to sparse, open-woodlands and scrub
that are mostly dominated by Eucalyptus, Corymbia, Acacia or Callitris species, remnant,
regrowth or partly modified vegetation communities, and within 3 km of permanent or
ephemeral water bodies or watercourses. The species is relatively tolerant of highly
modified areas, and is regularly encountered foraging along roads, railway lines and
around homesteads and cattle yards. The vegetation on site reflects the requirements of
habitat for the species, containing mature Eucalyptus, Corymbia and Callitris species and
within 3 km of permanent riverine water body (Noosa River and Weyba Creek within < 1
km of the site). The disturbed understorey is likely to be tolerable to the species. In
addition, the White-Throated Needletail has been sighted within 3 km of the site (as per
the Wildlife Online report). Therefore, we consider the habitat on site to provide potential
White-throated Needletail habitat.

Glossy Black Cockatoo (Calyptorhynchus lathami) and South-eastern Glossy Black
Cockatoo (Calyptorhynchus lathami lathami) (subspecies): Vulnerable under the NC Act.
The Glossy Black Cockatoo is the smallest of the five black cockatoos and occupies a
widespread distribution in eastern Australia. They are highly dependent on the distribution


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of Allocasuarina and Casuarina species and are found in woodland dominated by
Allocasuarina / Casuarina and in open forests where they form a substantial middle layer.
They feed almost exclusively on the seeds of these trees. Glossy Black Cockatoos are
often confined to remnant Allocasuarina patches surrounded by cleared farmlands and
have preferred trees that they will re-visit for foraging. They require tree hollows for
breeding. Allocasuarina littoralis (Black She‐oak) is one of the dominant species present on
site. Therefore, we consider the habitat to be potential Glossy Black Cockatoo habitat.

Koala (Phascolarctos cinereus): Endangered under the NC Act. Koalas inhabit a range of
temperate, sub-tropical and tropical forest, woodland and semi-arid communities
dominated by species from the genus Eucalyptus. The regional ecosystem comprising the
site (12.2.5) is known to provide suitable habitat for the koala. The site is dominated by
eucalypts including several large, well-established trees comprised of dominant species
Corymbia intermedia, Eucalyptus tereticornis, and Lophostemon confertus. In addition, the
Koala has been detected (93 sightings) within 3 km of the site since 1980 according to the
WildNet searches. Therefore, we consider the vegetation on site to provide potential
habitat for the Koala.

FIELD INVESTIGATIONS

The results of the Koala survey conducted by OWAD Environment indicated that no
naturally occurring Koala scats and no live Koala were detected during the survey. Based
on these results, OWAD Environment has stated that the site does not currently form part
of the home range of any individual Koala, nor has it been recently used by Koalas. Refer
to Appendix 5 for a full description of the survey findings and interpretation by OWAD
Environment. Additionally, no direct evidence of koala use (scat, sightings, Koala
scratches) was observed on site during botanical survey and tree survey.

The results of the targeted survey for the Glossy Black Cockatoo indicated that no
evidence of the species was observed within the site. Only a small number of substantial
hollows in established eucalypt trees were observed on site. All Allocasuarina cones were
intact providing no evidence the species had recently utilised these trees for feeding.
Based on these results, it is unlikely that the site is currently occupied by the species or
used for foraging. In addition, a significant number of Glossy Black Cockatoo feed trees
(Allocasuarina littorialis) were observed as dead or dying, due to natural causes.

Opportunistic field observations identified a total of eight (8) species, all of which were
ubiquitous urban-adapted species. Appendix 8 contains a list of all fauna species observed
on the site.

In addition to direct observations of fauna, habitat features and/or evidence of use of the
site by fauna were also observed, including:

   ● Two (2) large habitat trees containing hollows;
   ● Course woody debris;
   ● Ground hollow;
   ● Arboreal termitaria;
   ● Fauna scratches on trees; and,



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   ● Fauna scat, including potential Sugar or Squirrel Glider scat.

As identified in section 4.4.2, results of the field investigations indicated that areas
containing biodiversity values, in the form of potential fauna habitat, was less than the
extent shown on the Noosa Council Biodiversity, Waterways and Wetlands Overlay Map.
Ecologically important areas containing potential habitat were observed in all locations
outside of the cleared / disturbed areas (i.e., within observed RE 12.2.5) shown in Figure
18; however, on-ground fauna survey indicates that the site is not currently utilised by the
key species identified as likely to utilise or occupy the site. In addition, the potential
habitat is highly susceptible to degradation due to the high perimeter to edge ratio and
disturbance from surrounding land uses (i.e., roads, buildings, public walkways). Although
the potential habitat on site is subject to threatening processes or ‘edge effects’, the site is
connected to Council’s adjoining bushland reserve and is near potential riparian habitat.



4.6 SUMMARY


Overall results of the ecological assessment indicate that the existing environment could
be summarised as follows:

   ● The landform pattern of the site can be described as undulating rises (UR) to rolling
       rises (RR).
   ● The geology of the site is coastal dune sands (Qd-QLD).
   ● The site is located within the Noosa River Estuary catchment.
   ● No waterways or wetlands were observed on site; however, a waterway and riparian
       vegetation was observed adjacent to the southern boundary of the site.
   ● Botanical survey indicated that the vegetation within the site was generally
       consistent with RE 12.2.5 in terms of species composition and vegetation structure.
   ● The extent of observed biodiversity values was less than the mapped extents shown
       on the Noosa Council Biodiversity, Waterways and Wetlands Overlay Map.
       Ecologically important areas containing biodiversity values were observed in all
       locations within observed RE 12.2.5 (Figure 18), however, were subject to
       disturbance and threatening processes.
   ● Existing vegetation on the site contains a number of exotic and/or pest plants
       throughout observed RE 12.2.5, predominately along the interface between
       disturbed / cleared areas and throughout the understorey layer.
   ● No NC Act threatened flora species, occurring in the wild, were observed on site as
       part of the survey, however, special least concern species, Cymbidium suave, was
       observed on a number of host trees throughout the site;
   ● Fauna habitat suitability assessment undertaken for threatened species known or
       likely to utilise or occupy the site indicated that five (5) species of the 12 listed are
       unlikely to utilise or occupy the site, on account of an absence of any appropriate
       habitat on or in the vicinity of the site. The assessment also indicated that four (4)
       species could likely utilise or occupy the site at some time and three (3) could
       possibly utilise or occupy the site at some time.




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   ● Opportunistic fauna observations identified a total of eight (8) species, the majority
       of which were ubiquitous urban-adapted species, as well as potential Sugar or
       Squirrel Glider scat.
   ● No direct or indirect evidence of the Koala or Glossy Black Cockatoo was observed.




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5 IMPACT ASSESSMENT
The purpose of this section of the report is to assess development impacts in the context
of the observed / existing environmental values of the site which were identified via a
combination of spatial analysis (GIS data), field investigations (botanical survey, tree
survey) and a review of relevant wildlife databases.

The impacts of the proposed change were analysed spatially via the creation of a
development footprint plan based on the architectural plans prepared by Richards and
Spence Architects (Drawing No. SD-A-01-01-G – SD-A-01-07-G, Rev. J, 5 July 2023) and
preliminary earthworks plan prepared by ALTA Projects (Drawing No. A6769-23_SK19,
Rev. 2, 6 July 2023). Impact assessment does not include assessment of other civil works
(minor earthworks or services) or landscaping works; however, preliminary design advice
received from the relevant project consultants indicates that any additional impacts will
likely be minor in extent.

The assessment is divided into the following sections:

      ● Waterways and wetlands,
      ● Vegetation and,
      ● Fauna.

Environmental management and impact mitigation, described in detail in the following
section, is referenced in this section of the report where applicable.



5.1      WATERWAYS AND WETLANDS


Direct and indirect impacts of development on waterways and wetlands include:

      ● Physical disturbance including clearing vegetation and earthworks;
      ● Changes to hydrological regimes (e.g. peak flow discharge);
      ● Changes in water quality (physical and chemical);
      ● Changes in aquatic habitats (e.g. sedimentation, species assemblages); and,
      ● Changes to microclimate (e.g. humidity, solar irradiation, nutrients, soil chemistry
        and structure).

These impacts can result in changes to habitat structure and function which in turn,
impacts on the distribution of plant and animal species within riparian and wetland
ecosystems.

The results of the assessment indicated that the proposed change does not result in any
direct impacts on waterways or wetlands as neither of these ecological features are
present on the site. However, the adjacent waterway may be indirectly impacted during
the construction phase.



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In terms of indirect impacts, construction and operational activities may impact riparian
ecosystems and associated fauna species adjacent to the site through overland flow,
erosion and/or degradation of ecosystems / habitat; however, the proposed change is not
expected to result in any significant impacts as they are mitigated by design and
construction management measures.

Indirect impacts on adjacent waterways are avoided or mitigated as the proposed change
has been designed to retain a vegetated buffer along the southern boundary of the site.
The retention of vegetation will provide a natural barrier to the adjacent waterway.
Furthermore, the proposed change will incorporate the use of a landscaped overland flow
path and rapid infiltration pit which is designed to facilitate the infiltration of stormwater
into the ground and prevent excessive surface flow. By diverting stormwater into this pit,
overland flow is minimised, thus reducing the risk of erosion and the associated sediment
transport into waterways.

Residual indirect impacts shall be mitigated in accordance with the management
measures in Section 6.



5.2 VEGETATION


Potential environmental impacts of development on vegetation include direct and indirect
impacts. Impacts on vegetation could include:

   ● Reduced species richness;
   ● Reduced species abundance;
   ● Changes to the structure of the vegetation communities - directly via vegetation
       removal and indirectly via survivorship and recruitment; and,
   ● Fragmentation of vegetation and corollary impacts on associated fauna habitats.

Direct impacts are primarily associated with vegetation removal necessary to facilitate
development during the construction stage and physical damage to retained vegetation
post construction. Direct damage to conserved vegetation may be deliberate or
accidental.

Indirect impacts include incidental effects of development which cause changes in biotic
and abiotic factors which affect the structure and function of retained vegetation
communities including:

   ● Weed invasion and competition;
   ● Changes to hydrological regimes and runoff quality (i.e. stormwater runoff); and,
   ● Changes to microclimate (e.g. humidity, solar irradiation, nutrients, soil chemistry
       and structure).

Spatial analysis of the impacts of the proposed change indicated that the proposed
change would be positive in terms of overall impacts on native vegetation, as a greater
area of native vegetation will be retained. This includes additional areas of mapped Areas
of Biodiversity Significance on the Noosa Council Biodiversity, Waterways and Wetlands


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Overlay Map and additional individual native trees. The extent of additional areas of
Council’s mapped biodiversity overlay is shown in Figure 21 and additional areas based on
observed vegetation is shown in Figure 22.

The proposed change is almost entirely located within the approved development
footprint. Only a small area of external works outside of the approved development
footprint is proposed. Whilst additional impacts may occur as a result of civil works or
landscaping, the overall impacts in the context of approved development footprint are
minor in extent. Spatial analysis of the assessable area indicated:

    ● The areas of potential direct impact are located outside of the site boundary to allow
          for development of driveway access, and are small relative to the total area of
          additional vegetation that will be retained on site (i.e., removal of 58 sqm of Areas of
          Biodiversity Significance on the Biodiversity, Waterways and Wetlands Overlay Map)
    ● The proposed change will result in a reduced development footprint by
          approximately 7970 sqm;
    ● Approximately 6150 sqm of additional native vegetation will be retained (Figure 22);
    ● Approximately 5731 sqm of areas mapped as Areas of Biodiversity Significance on
          the Biodiversity, Waterways and Wetlands Overlay Map will be retained (Figure 21);
          and,
    ● The proposed change provides a buffer to adjacent vegetation located to the south
          of the site.

In accordance with the approved plans (DBI Design Pty Ltd, Drawing No. L-SD-2.02, Rev.
A, August 2009), it is stipulated that only 17 Koala 10 and Glossy Black Cockatoo habitat
trees are required to be retained. The proposed change will result in the retention of the
aforementioned habitat trees (where observed on site) and additional native vegetation
and species that are consistent with the RE, including species such as, Banksia spp. and
Acacia spp. (refer to Appendix 4 for full botanical survey results). In addition, the
proposed change accounts for opportunities to retain Cymbidium suave, a special least
concern species, and any additional trees located within the open areas of the proposed
landscape plan (refer to Section 6). As a result, the proposed change will lead to an
increase in both species richness and abundance, which exceeds the requirements set out
by the approved conditions.

An Arborist Report and VMP has been prepared and assesses the impacts on individual
trees located within the assessable area. The VMP identifies vegetation management
procedures for trees to be retained and removed. Additional tree survey was conducted in
2023 along the six (6) metre setback of the site along Serenity Close. Consequential
changes to the current VMP can be conditioned as part of a development permit and
submitted as part of a subsequent operational works application to Council. Based on the




10 Koala habitat tree is defined under the Noosa Plan 2020 as:

     a)    a food tree of the Corymbia, Melaleuca, Lophostemon or Eucalyptus genera; and
     b)    a preferred shelter species such as Angophora.




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updated architectural plans (Richards and Spence Architects, Drawing No. SD-A-01-01-G –
SD-A-01-07-G, Rev. J, 5 July 2023) there may be potential impacts on Tree 79 (refer to
the VMP). A tree sensitive construction methodology must be prepared for works within
the tree protection zone (TPZ) of Tree 79 to ensure the long-term health of the tree.

Based on the outcomes of the ecological assessment, the impacts of the proposed change
on vegetation include the direct clearing of a small area of native vegetation located
outside of the site boundary.

The aforementioned impacts are unlikely to be significant because:

   ● The proposed change is designed to avoid ecologically important areas through the
       retention of additional native vegetation and Council’s mapped ecological linkages,
       which will result in a net positive impact despite the removal of a small area of native
       vegetation for the construction of driveway access;
   ● The proposed change has been designed to retain a connected area of additional
       vegetation along Serenity Close and Banksia Avenue and within Noosa Council’s
       Environmental Management and Conservation zoning; therefore, fragmentation and
       impacts on vegetation composition / structure will be further minimised;
   ● Due to unmanaged impacts resulting from existing development / cleared areas on
       site, edge effects and weed invasion are prevalent on site; however, the proposed
       change is unlikely to exacerbate these impacts to the extent that they are significant;
   ● The proposed change will minimise indirect impacts including edge effects and
       disruptions to ecological relationships / interactions as the retained vegetation along
       the southern boundary is contiguous with Council’s adjoining bushland reserve and
       maintains ecological linkages, and impacts will be managed (refer to section 6);
   ● The proposed change enhances landscape values through weeding and replacement
       of dead and dying Koala and/or Glossy Black Cockatoo habitat trees; and,
   ● Any residual impacts will be further minimised via the management practices and
       mitigation strategies identified in Section 6.




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FIGURE 21: RETENTION OF ADDITIONAL AREAS WITHIN THE NOOSA COUNCIL BIODIVERSITY,
WATERWAYS AND WETLANDS OVERLAY MAP (NOOSA COUNCIL 2021).




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FIGURE 22: RETENTION OF ADDITIONAL OBSERVED VEGETATION WIHTIN THE ASSESSABLE
AREA.


5.2.1    NOOSA PLAN 2020


As identified in Section 3.3, the site is mapped as containing an Area of Biodiversity
Significance on the Biodiversity, Waterways and Wetlands Overlay Map. Levels of
acceptable impacts on vegetation are determined via assessment against the overall
outcomes and relevant performance criteria under the Biodiversity, Waterways and
Wetlands code.

Performance Outcome PO1 of the Biodiversity, Waterways and Wetlands code requires
that the development is sited and designed to protect existing habitat areas and
ecological linkages. Additionally, PO3 of the code requires that the development is
designed and sited to manage adverse impacts on ecologically important areas. In
accordance with AO1.1 and AO3.1, the proposed change has been designed to conserve
approximately 6150 sqm of additional vegetation along the perimeter and southern
boundary of the site and minimise adverse impacts to the greatest extent possible. To
ensure effective management of impacts on vegetation on site and in adjoining areas,
specific management measures are outlined in Section 6.


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An assessment of the proposal against the relevant performance outcomes has been
carried out and is contained in Appendix 9. Subject to implementation of the management
measures in Section 6, results indicate that the proposed change complies with the
outcomes sought by the code.



5.3 FAUNA


Potential impacts on fauna can be categorised as direct impacts associated with habitat
loss to indirect impacts on conserved habitat features. Possible fauna impacts of
development include:

   ● Changes in habitat niche availability caused by clearing of vegetated habitats;
   ● Potential clearing of vegetative habitat, including habitat trees and replacement of
       habitat niches;
   ● Competition and predation via the introduction of pest animal species;
   ● Changes in the fauna community composition as a direct consequence of species
       favoured by higher density urban development (e.g. Black Rats, Noisy Miners,
       Torresian Crows) at the expense of species more sensitive to urban habitat and
       associated environments (e.g. small native mammals and small insectivorous birds);
       and,
   ● Potential impacts of light pollution on the structure and function of fauna
       communities through creation of ‘night-light niches’, favouring some species (e.g.,
       some species of Microchiropteran bats) often to the detriment of other species (e.g.,
       compromised immune function of some species associated with elevated stress
       levels due to predation risk foraging in higher than normal ambient light conditions,
       as well as alteration to circadian clocks, while some frogs limit movement and
       breeding activity as a result of elevated predation risk associated with high light
       conditions).

Spatial analysis of the impacts of the proposed change indicated that the proposed
change would be positive in terms of impacts on potential fauna habitat, as a greater area
of native vegetation will be retained. The proposed change is almost entirely located
within the approved development footprint. Whilst additional impacts may occur as a
result of civil works or landscaping, the overall impacts in the context of approved
development footprint are minor in extent. Spatial analysis of the assessable area
indicated:

   ● The areas of potential direct impacts are located outside of the site boundary to
       allow for development of driveway access, and are small relative to the total area of
       additional potential habitat that will be retained on site (i.e., removal of 81 sqm of
       Areas of Biodiversity Significance on the Biodiversity, Waterways and Wetlands
       Overlay Map);
   ● The proposed removal of additional potential habitat is located along the perimeter
       of the site and adjacent to a road, therefore the extent, quality and connectivity of
       potential habitat will not be significantly reduced;



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   ● The proposed change will result in a reduced development footprint by
       approximately 7970 sqm;
   ● Approximately 6150 sqm of additional potential habitat will be retained (refer to
       Figure 22);
   ● Approximately 5731 sqm of areas mapped as Areas of Biodiversity Significance on
       the Biodiversity, Waterways and Wetlands Overlay Map will be retained (refer to
       Figure 21); and,
   ● The proposed change avoids and minimises impacts on ecologically important areas
       through the protection of additional potential habitat and ecological linkages on site,
       which:
       ­   Provides opportunities for restoration of existing disturbed habitat on site;
       ­   Secures a habitat link and allows for safe fauna movement within the site and to
           the adjacent bushland reserve and riparian areas to the south of the site; and
       ­   Adjacent potential habitat is buffered from ‘edge effects’ associated with the
           proposed change and urban areas, including indirect impacts such as noise and
           light pollution.
   ● Additional vegetation is proposed to be retained along the southern boundary of the
       site, where the site adjoins Council’s bushland reserve for environmental
       management. The effect of this is that the proposed change mitigates edge effects
       to adjoining vegetation and reduces potential impacts on matters of environmental
       significance in the study area and the wider landscape. As such, the proposed
       change will reduce barriers to wildlife movement within and adjacent to the site.

In accordance with the approved plans (DBI Design Pty Ltd, Drawing No. L-SD-2.02, Rev.
A, August 2009), it is stipulated that only 17 Koala and Glossy Black Cockatoo habitat
trees are required to be retained. The proposed change will result in the retention of a
large number of additional native habitat trees, thereby exceeding the requirements set
forth by the approved conditions.

The Arborist Report and VMP, identifies vegetation management procedures for trees to
be retained and removed. Based on the updated architectural plans (Richards and Spence
Architects, Drawing No. SD-A-01-01-G – SD-A-01-07-G, Rev. J, 5 July 2023) and
preliminary earthworks plan (ALTA Projects, Drawing No. A6769-23_SK19, Rev. 2, 6 July
2023) additional native trees (DBH ≥ 10 cm) will be retained, including:

   ● non-juvenile Koala habitat trees
   ● Glossy Black Cockatoo feed trees (i.e., Allocasuarina littoralis)
   ● trees with supporting fauna habitat features (e.g., scratch marks, arboreal
       termitarium, nests etc.)

Based on the outcomes of the ecological assessment, the potential direct and indirect
impacts of the proposed change on fauna include:

   ● The direct clearing of a small area of potential habitat located outside of the site
       boundary; and,
   ● Noise and light pollution during the construction phase of the proposed change.




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Direct and indirect impacts on fauna are avoided or otherwise minimised by the fact that
the proposed change will result in a net positive impact on vegetation (i.e., habitat) on
site. The aforementioned impacts are unlikely to be significant because the proposed
change is designed to avoid ecologically important areas through the retention of
additional habitat. The proposed change is not expected to result in any significant
impacts on the aforementioned species and their habitat, because:

   ● Direct impacts to individual animals are unlikely due to the absence of the species
        currently on site;
   ● The assessable area is likely to only support urban-adapted fauna species, which is
        supported by the outcomes of the incidental and targeted Koala and Glossy Black
        Cockatoo surveys which indicated no evidence of species usage;
   ● The site is already subject to a number of threats including proximity to roads, weed
        invasion and altered fauna community composition due to the presence of
        ubiquitous urban-adapted species, all of which are unlikely to be exacerbated by the
        proposed change;
   ● The proposed change will conserve and enhance a greater area in which ecological
        features and biodiversity values were observed, including potential Koala and Glossy
        Black Cockatoo habitat;
   ● The proposed change has been designed to retain additional potential habitat along
        Serenity Close, Banksia Avenue and the southern boundary of the site which adjoins
        Council’s bushland reserve;
   ● The retention of additional habitat reduces edge effects and maintains ecological
        linkages for safe dispersal of fauna on site and adjoining areas; and,
   ● Any residual impacts, such as noise and light pollution, will be minimised via
        management practices and mitigation strategies identified in Section 6.


5.3.1    THREATENED SPECIES


Desktop assessment identified potential impacts on habitats for at least four (4)
threatened species which were considered likely to occupy or utilise habitats present on
the site. Potential impacts on each of the four species and their respective habitats is
discussed below and supported by the results of the targeted surveys carried out for the
Koala and Glossy Black Cockatoo.

WHITE THROATED NEEDLETAIL

The results of the desktop searches indicated that the site contains potential habitat for
the White Throated Needletail, with records of the species from the surrounding locality;
however, no evidence of the species was recorded on site.

Overall, the proposed change will result in the additional retention of approximately 6150
sqm of observed potential habitat. Furthermore, the proposed change will maintain
physical connectivity to habitat adjacent to the site. Consequently, the proposed change
does not result in any significant habitat loss or loss of foraging habitat and will result in a
net positive impact.




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KOALA

The results of the desktop searches indicated that the site contains potential habitat for
the Koala, with records of the species from the surrounding locality.

Targeted Koala survey indicated that no evidence of koala scat was detected on site,
suggesting that the site is not currently used nor has recently been used by any individual
Koala.

Overall, the proposed change will result in the additional retention of approximately 5558
sqm of the mapped core Koala habitat areas. Furthermore, the proposed change will
maintain physical connectivity to habitat adjacent to the site, which will allow for safe
Koala movement across ecological linkages. Consequently, the proposed change does not
result in any significant habitat loss or loss of shelter / foraging habitat and will result in a
net positive impact.

GLOSSY BLACK COCKATOO

The results of the desktop searches indicated that the site contains potential habitat for
the Glossy Black Cockatoo (and subspecies), with records of the species from the
surrounding locality.

The results of the targeted survey suggested that none of the Allocasuarina trees within
the assessable area were active feed trees for Glossy Black Cockatoo. A systematic search
beneath the entire canopy of all Allocasuarina trees within the assessable area indicated
no presence of orts.

Overall, the proposed change will result in the retention of additional habitat trees for the
Glossy Black Cockatoo. Additionally, the proposed change will maintain physical
connectivity to habitat adjacent to the site. The proposed change is unlikely to have a
significant impact on Glossy Black Cockatoos as there will be no clearing of any known 11
feed trees. Consequently, the proposed change does not result in any significant habitat
loss or loss of shelter / foraging habitat and will result in a net positive impact.


5.3.2     NOOSA PLAN 2020


As identified in Section 3.3, the site is mapped as containing an Area of Biodiversity
Significance on the Biodiversity, Waterways and Wetlands Overlay Map. Levels of
acceptable impacts on vegetation are determined via assessment against the overall
outcomes and relevant performance criteria under the Biodiversity, Waterways and
Wetlands code.

An assessment of the proposal against the relevant performance outcomes has been
carried out and is contained in Appendix 9. Subject to implementation of the management




11 Based on results of the 2022 – 2023 field investigations.




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measures in Section 6, results indicate that the proposed change complies with the
outcomes sought by the code.



5.4 SIGNIFICANT RESIDUAL IMPACTS


As per Section 8 of the Environmental Offsets Act 2014, a significant residual impact is
generally defined as an adverse impact, whether direct or indirect, of a prescribed activity
on all or part of a prescribed environmental matter that:

   ● remains, or will or is likely to remain, despite on-site avoidance and mitigation
       measures; and,
   ● is, or will, or is likely to be, significant.


An environmental offset condition may be imposed on an authority if the prescribed
activity will, or is likely to, have a significant residual impact on a prescribed environmental
matter.


The proposed change is unlikely to result in a significant residual impact on the prescribed
environmental matters identified in Section 3, as the change will result in a net positive
impact.

Furthermore, as per condition 106 of the Noosa Shire Council development permit (MCU
2008/176), a monetary contribution of $44,160 ($920 x 48 trees) has already been made
to Council to offset the removal of 48 koala habitat trees, thus precluding the imposition
of an additional offset condition as stated under section 25A of the Environmental Offsets
Act 2014 (Qld).



5.5 SUMMARY


The results of impact assessment suggested:

   ● Spatial analysis of the impacts of the proposed change indicated that the proposed
       change results in a net positive impact terms of impacts on vegetation and potential
       fauna habitat, as a greater area of native vegetation will be retained.
   ● Spatial analysis of the assessable area indicated:
       ­   The area of potential negative direct impact is located outside of the site
           boundary to allow for development of driveway access, and are small relative to
           the total area of additional vegetation that will be retained on site; and,
       ­   Approximately 6150 sqm of additional native vegetation / potential fauna habitat
           retained.
   ● The proposed change will retain the Koala and Glossy Black Cockatoo habitat trees
       shown on the approved plans (DBI Design Pty Ltd, Drawing No. L-SD-2.02, Rev. A,
       August 2009) (where observed on site) and additional native species that are




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       consistent with the RE, which will lead to an increase in both species richness and
       abundance on site.
   ● The proposed change accounts for opportunities to retain Cymbidium suave, a
       special least concern species, and any additional trees located within the open areas
       of the proposed landscape plan (refer to Section 6).
   ● The proposed change has been designed to retain a connected area of additional
       vegetation along Serenity Close and Banksia Avenue and within Noosa Council’s
       Environmental Management and Conservation zoning; therefore, fragmentation and
       impacts to vegetation composition / structure and edge effects will be further
       minimised.
   ● Due to unmanaged impacts resulting from existing development / cleared areas on
       site, edge effects and weed invasion are prevalent on site; however, the proposed
       change is unlikely to exacerbate these impacts to the extent that they are significant.
   ● Whilst the desktop assessment indicated that the proposed change could impact on
       habitat for conservation significant species such as White Throated Needletail, Koala
       and Glossy Black Cockatoo, the impacts are not expected to be significant because
       the proposed change:
       ­   results in a net positive impact to potential fauna habitat on site;
       ­   does not result in any additional habitat loss; and,
       ­   does not result in barriers to fauna movement within the site or wider landscape.
   ● Direct and indirect impacts on native vegetation and fauna are avoided or otherwise
       minimised by the fact that the proposed change will result in a net positive impact
       on vegetation on site.
   ● Whilst no direct impacts were identified, indirect impacts on adjacent waterways
       and wetlands, such as stormwater runoff and erosion are avoided or mitigated as the
       proposed change will result in an increased vegetation buffer along the southern
       boundary of the site and the proposed change will utilise design measures such as a
       rapid infiltration pit and overland flow path.
   ● Despite the low potential for significant impacts on matters of environmental
       significance, there are opportunities to avoid, minimise, mitigate or reduce impacts
       of the proposed change. Opportunities to avoid, minimise, mitigate or reduce
       impacts are discussed in the following section of the report.




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6 MANAGEMENT MEASURES
This section of the EAR describes environmental management measures and design
measures which are intended to avoid, minimise, mitigate and/or reduce the potential
environmental impacts of the proposed change. Management measures include design
measures to avoid or reduce long-term impacts and mitigation measures designed to
avoid, minimise or mitigate short-term constructions impacts.

Proposed mitigation includes management measures for:

   ● Waterways and wetlands;
   ● Vegetation;
   ● Fauna;
   ● Landscaping; and,
   ● Rehabilitation.



6.1    WATERWAYS AND WETLANDS


This section describes the management practices and mitigation strategies which aim to
reduce impacts on the waterways and wetlands located adjacent to the site.

Measures to be taken during construction to minimise or mitigate short-term impacts are
related to the management of stormwater runoff, including erosion and sediment control,
and should be addressed as part of an Erosion and Sediment Control Plan prepared by an
appropriately qualified consultant. Erosion and sediment control measures are to be
conducted in accordance with Best Practice Erosion and Sediment Control (International
Erosion Control Association 2012).



6.2 VEGETATION


This section describes management practices and mitigation strategies which aim to
reduce impacts on native vegetation present on site. In terms of construction measures for
vegetation clearing, the following vegetation management measures could be conditioned
as part of a development permit:

   ● Vegetation clearing extents are clearly identified on site prior to the commencement
       of works;
   ● Vegetation protection fencing and signage is established at the interface between all
       works areas and vegetation to be retained / conserved during clearing works;
   ● Individual habitat trees to be retained within the development footprint are clearly
       flagged and vegetation protection fencing is established is established in
       accordance with AS 4970 2009 Trees and development (12 x DBH(m));



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   ● Vegetation removal to be undertaken by suitably qualified contractors;
   ● Vegetation clearing is staged or takes place sequentially, allowing animals to move
       to adjoining habitats;
   ● Any tree pruning or maintenance works is carried out by a qualified arborist in
       accordance with AS 4373 2007 Pruning of amenity trees;
   ● All cleared native vegetation is mulched on site and recycled for use in landscape
       treatments;
   ● Mulch stockpiles are to be located in existing cleared areas, outside of tree
       protection zones and at least 40 m from waterway / wetland areas;
   ● Mulch stockpiles are subject to erosion / sediment control measures in accordance
       with Council design standards;
   ● Exotic vegetation mulch is to be disposed of as green waste at landfill;
   ● Undertake weed removal via non-invasive methods in accordance with best practice;
       and,
   ● Control / prevent public and construction personnel access into areas of retained
       vegetation.

All vegetation clearing and ongoing vegetation management must meet all approval
conditions. This includes compliance with the VMP which includes management practices
and mitigation strategies which aim to reduce impacts on native vegetation present on
the site. Additional tree survey was conducted in 2023 along the six (6) metre setback of
the site along Serenity Close.

Consequential changes to the current VMP, to give effect to the latest plans, can be
conditioned as part of a development permit and submitted as part of a subsequent
operational works application to Council. Additionally, a tree sensitive construction
methodology should be prepared for works within the tree protection zone (TPZ) of Tree
79 (refer to the VMP), which may include, vacuum excavation of any excavated areas,
relocation of footings to avoid structural roots and/or the use of structural soils within the
TPZ. The latter can be conditioned as part of a development permit and submitted as part
of a subsequent operational works application to Council.

In addition, it is recommended that replacement planting should be carried out on the
balance land to replace dead or dying trees that were previously identified for retention
on the approved plan L-SD-1.01 (DBI Design Pty Ltd, Rev. A, August 2009; Appendix 1).
Replacement planting should be located within areas of retained vegetation and will
include like for like replacement of species identified on the approved plan. The latter can
be conditioned as part of a development permit and submitted as part of a subsequent
operational works application to Council.

A Translocation Plan should be prepared for Cymbidium suave, which includes procedures
for identification, demarcation and salvaging of the orchid and/or its host plant. The
orchid has a rhizome and root system which penetrates the decaying heartwood of its
host tree, therefore, the host tree or as much of the trunk as possible must be retained
(Jones, Hopley et al. 2010). The following measures should be included in the
Translocation Plan:




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   ● A complete inspection of the site should be conducted to identify the location of
       individual Cymbidium suave prior to any vegetation clearing.
   ● Where vegetation acting as a host for Cymbidium suave cannot be retained, it is
       recommended that the host plant (or part of the trunk), with the Cymbidium suave
       attached, be carefully relocated on site to a similar microclimate if possible.

A Translocation Plan can be conditioned as part of a development permit and submitted
as part of a subsequent operational works application to Council.

Detailed design measures for vegetation are also reflected in Section 6.4, which outlines
landscaping requirements.



6.3 FAUNA


This section describes recommended management practices and mitigation strategies
which aim to reduce impacts on native animals present on the site.

Proposed management measures include design measures which minimise long-term
impacts and measures to be taken during clearing and construction to minimise or
mitigate short-term impacts. In terms of construction measures, the following fauna
management measures could be conditioned as part of a development permit:

   ● A Wildlife Spotter Catcher is to inspect all areas to be cleared prior to the
       commencement of works.
   ● Wildlife Spotter Catcher is to supervise and be present on each day that vegetation
       clearing takes place.
   ● The approval holder must not clear any vegetation supporting any fauna until such
       time that the individual(s) vacates the vegetation or is relocated by a suitably
       qualified person.
   ● Veterinary care, or assistance from a wildlife refuge, must be sought if any fauna are
       found injured within the project site while clearing and/or construction is occurring
       within the site.
   ● To reduce risk of injury to fauna, all vehicles and plant machinery must stay on pre-
       determined routes and roads and must adhere to site speed limits at all times.
   ● Where identified, active hollows, nests or other breeding places are not to be
       interfered with. Tampering with an animal breeding place is in violation of the Nature
       Conservation Act 1999 under section 332 of the Nature Conservation (Wildlife
       Management) Regulation 2006. However, this does not apply to a person removing
       or otherwise tampering with the breeding place if the removal or tampering is part
       of an approved species management program for animals of the same species, or,
       the person holds a damage mitigation permit for the animal and the permit
       authorises the removal or tampering.
   ● Relocating/ushering of any non-itinerant fauna (other than the Koala), where
       practicable, to nearby patches of vegetation or nearby bushland in accordance with,
       inter alia, the Code of Practice – Care of Sick, Injured or Orphaned Protected Animals
       in Queensland (Department of Environment and Heritage Protection 2013), and the


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3 - 7 Serenity Close, Noosa Heads

       Technical manual: Interim hygiene protocol for handling amphibians (Department of
       Environment and Heritage Protection 2013).
   ● Vegetation containing Koala(s) or Glossy Black Cockatoo(s) are to be demarcated
       with high visibility flagging tape and no further clearing is to take place within 20 m
       of the vegetation until such time as the individual(s) has completely vacated the site.
       Any interactions with the individuals or management measures are to be determined
       in consultation with the licensed Wildlife Spotter Catcher.
   ● Dust and particulate matter must not exceed the allowable levels when measured at
       any nuisance sensitive place or downwind of the project site, and must be monitored
       in accordance with any relevant Australian Standard or any alternative method of
       monitoring which may be permitted by the ‘Air Quality Sampling Manual’ as
       published from time to time by the administering authority.
   ● Hours of construction must be in accordance with the provisions of any relevant
       local law. Noise compliance shall be monitored in accordance with the Noise
       Measurement Manual (Queensland Department of Environment and Science 2020)
       or AS 1055:2108 Acoustics – Description and measurement of environmental noise.
       Work activities are to be modified where noise or vibration is found to cause
       unacceptable impact.

In addition, the following design measures should be implemented to minimise impacts on
native fauna within retained potential habitat areas:

   ● Landscaping within the site should complement and connect retained vegetation to
       maintain conduits of dispersal for fauna throughout the site and adjoining
       vegetation.
   ● Installation of fauna sensitive lighting to minimise impacts on light-sensitive fauna,
       including:
       ­   All artificial night lighting to be directed downwards and away from areas of
           retained vegetation through the installation of low-spillage lighting. Lighting
           along any pedestrian pathways to be mounted on bollards that direct lighting
           downwards, thus reducing the distance that some light-tolerant and light-
           sensitive fauna species are influenced. Lighting is more effective if pointed
           downwards rather than outwards as glare from non-directed lights reduces
           observability.
       ­   Low-pressure sodium globes or other globes emitting yellow light should be used
           preferentially as they generally do not attract flying insects, that themselves
           attract light-tolerant fauna.

Additional fauna management measures are outlined in the approved Fauna Management
Plan (C & B Group, May 2005). Where any conflicts arise between specific measures
outlined in the EAR and the approved Fauna Management Plan (C & B Group, May 2005),
the management measure described in the EAR will take precedence to ensure that
contemporaneous management practices are undertaken. If required, an updated Fauna
Management Plan can be conditioned as part of a development permit and submitted as
part of a subsequent operational works application to Council.




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Section 63

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads


6.4 LANDSCAPING


Landscaping incorporating retention of native vegetation, revegetation of cleared areas,
pest management and habitat augmentation are management measures which could be
implemented to reduce and counteract the impacts of the proposed change. Having
regard to any bushfire management requirements, best-practice measures involving the
use of native species in landscaping can be used to:

   ● Minimise the risk of introduction of environmental weeds,
   ● Reduce the impact of habitat loss on native species, and,
   ● Improve connectivity / permeability within the landscape.

Landscaping requirements can be conditioned as part of any development permit and
should address inter alia, the following elements of best practice:

   ● Use of locally indigenous plant species (i.e., avoid exotic species),
   ● Use of native species known to provide habitat to native fauna,
   ● Matching plant species to observed landform / land zones / regional ecosystems,
   ● Establishment of structural layers within landscaped vegetation (understorey +
       shrub + tree),
   ● Promote fine-scale ‘patchiness’ of vegetation, and,
   ● Weed management measures’.

Any Landscape Plan should include planting of Koala and Glossy Black Cockatoo habitat
trees to replace any dead or dying trees approved for retention shown on plan L-SD-1.01
(Rev. A) dated August 2009 by DBI Design Pty Ltd. Fallen trees and hollow logs should be
retained where possible for the purpose of providing habitat for ground-dwelling fauna.



6.5 REHABILITATION


In addition to landscaping of areas within and adjacent to the building, the area of land
zoned Environmental Management and Conservation should be rehabilitated in
accordance with the outcomes sought by the Noosa Plan 2020 Biodiversity, Waterways
and Wetlands Overlay Code (PO 5 and PO 10).

Rehabilitation of the subject area will result in:

   ● a net improvement in the ecological condition of the land – improving habitat
       quality;
   ● reduced weed content and cover;
   ● enhanced functional connectivity within the site and the wider landscape; and,
   ● to the maximum extent practicable, incorporate the proposed translocation of
       trees/trunks of trees containing Cymbidium suave and any replacement planting
       (described in section 6.2, above)




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Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads

Rehabilitation should be undertaken in accordance with the South East Queensland
Ecological Restoration Framework: Code of Practice, Guideline and Manual and can be
conditioned as part of a development permit and submitted as part of a subsequent
operational works application to Council.

The Rehabilitation Plan should incorporate conservation biology principles and use these
to guide detailed revegetation and rehabilitation specifications and include. inter alia, the
following elements:

    i. Weed management;
    ii. Pest management;
    iii. Fauna management including the installation of nest boxes to offset loss of tree
          hollows associated with mature trees and built environment habitat;
    iv. Water management / irrigation;
    v. Access;
    vi. Revegetation;
    vii. Performance indicators (of BioCondition); and,
    viii. Establishment and maintenance costs.




                                                                                        62 | 66

Section 65

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads



7 SUMMARY ASSESSMENT
The following Ecological Assessment Report (EAR) has been prepared by Litoria
Consulting Pty Ltd on behalf of Calile Malouf Investments Pty Ltd for land described as 3 -
7 Serenity Close, Noosa Heads (Lots 10 and 11 on SP195871).

The purpose of the EAR was to:

   ● Describe the ecological features and processes of the development site;
   ● Provide an assessment of the nature conservation values of these features and
       processes;
   ● Provide a description of threatening processes evident on site;
   ● Document potential development impacts upon these ecological values and
       features; and,
   ● Detail impact mitigation measures which will be undertaken to avoid or mitigate
       those impacts to an acceptable standard.

The EAR has been prepared generally in accordance with Noosa Council Planning Scheme
Policy 3 - Ecological assessment guidelines; however, also includes additional, targeted
survey for the Koala (Phascolarctos cinereus) and Glossy Black Cockatoo
(Calyptorhynchus lathami). The EAR includes:

   ● Identification of the flora, fauna and habitat of the site and its immediate
       environment to determine the ecological features,
   ● Identification of matters of environmental significance on and adjacent to the site,
   ● Determination of the potential impacts of the operation and construction phases of
       the development on the matters of environmental significance on and adjacent to
       the site, and on long term viability and function of these matters, and,
   ● Recommendations in relation to any measures or changes to the development
       design that may be required to avoid or mitigate any impacts of the development
       design, construction, and operation.

The proposed change is for a resort complex with ancillary retail. The development
comprises resort accommodation, with 174 rooms, 16 suites and five (5) villas; resort
facilities, including restaurants, function rooms, indoor and outdoor recreation, well-being
and open space areas; and resort retail.

The results of the impact assessment suggested:

   ● Spatial analysis of the impacts of the proposed change indicated that the
       development would be positive in terms of impacts to vegetation and potential
       fauna habitat, as a greater area of native vegetation will be retained.
   ● Whilst the desktop assessment indicated that the assessable area could impact on
       habitat for conservation significant species such as White Throated Needletail, Koala
       and Glossy Black Cockatoo, the impacts are not expected to be significant because,
       the proposed change:


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Section 66

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads

       ­   results in a net positive impact to potential fauna habitat on site
       ­   does not result in any significant habitat loss
       ­   does not result in barriers to fauna movement within the site or wider landscape.
   ● The assessable area is not expected to result in any significant, direct impacts to
       waterways or wetlands as the development footprint does not contain waterways or
       wetlands. Indirect impacts to adjacent waterways and wetlands, such as stormwater
       runoff and erosion are avoided or mitigated through design and management
       measures.
   ● Despite the low potential for significant impacts to matters of environmental
       significance, there are opportunities to avoid, minimise, mitigate or reduce impacts
       of the proposed change which are discussed in section 6.




                                                                                      64 | 66

Section 67

Ecological Assessment Report
3 - 7 Serenity Close, Noosa Heads



8 REFERENCES
Department Environment and Science (2022). Flora Survey Trigger Map for Clearing
Protected Plants in Queensland - Version 9.0 (GIS Dataset). State of Queensland
(Department of Environment and Science).


Department of Agriculture and Fisheries (2016). Queensland Waterways for Waterway
Barrier Works. State of Queensland (Department of Agriculture, Forestry and Fisheries).


Department of Environment and Heritage Protection (2013). Code of Practice - Care of
Sick, Injured or Orphaned Protected Animals in Queensland. Brisbane, State of Queensland
(Nature Conservation Services Branch, Department of Environment and Heritage
Protection).


Department of Environment and Heritage Protection (2013). Technical manual: Interim
hygiene protocol for handling amphibians. Brisbane, State of Queensland (Department of
Environment and Heritage Protection).


Department of Environment and Science (2019). Queensland Wetlands Map v5.0.
Brisbane, The State of Queensland (Department of Environment Science).


Department of Environment and Science (2023). Matters of state environmental
significance v6.13 (GIS Dataset). State of Queensland. Brisbane.


Department of Environment and Science (2023). Queensland Government Wildlife Online
Extract. Brisbane, The State of Queensland, Queensland Government.


Department of Resources (2022). Vegetation management - essential habitat map -
version 10.07 (GIS dataset). State of Queensland. Brisbane.


Department of Resources (2022). Vegetation management regional ecosystem map -
version 12.02. Q. Herbarium. http://qldspatial.information.qld.gov.au/catalogue/


Department of Resources (2023). Vegetation management - regulated vegetation
management map v6.04 (GIS dataset). State of Queensland. Brisbane.


Geological Survey of Queensland (2011). Digital Geoscience Vector Data. Queensland
Geological Mapping (polygonised vector) Digital Data - Detailed and Regional Dec 2011
DVD. Brisbane, Queensland, Geological Survey of Queensland.




                                                                                   65 | 66

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3 - 7 Serenity Close, Noosa Heads

Hourigan (2012). Targeted species survey guidelines - Glossy black-cockatoo
Calyptorhynchus lathami. Department Environment and Science, Queensland Government.


International Erosion Control Association (2012). Best Practice Erosion and Sediment
Control. Picton, NSW, International Erosion Control Association (Australasia).


Jones, Hopley and Duffy. (2010). "Australian Tropical Rainforest Orchids." from
https://www.canbr.gov.au/cpbr/cd-
keys/RFKOrchids/key/rfkorchids/Media/Html/index.htm.


National Committee on Soil and Terrain (2009). Australian Soil and Land Survey Field
Handbook. Melbourne, CSIRO Publishing.


Nearmap. (2023). "Nearmap PhotoMaps." from https://www.nearmap.com/au/en.


Neldner, V. J., B. A. Wilson, H. A. Dillewaard, T. S. Ryan, D. W. Butler, W. J. F. McDonald, E.
P. Addicott and C. N. Appelman (2019). Methodology for Survey and Mapping of Regional
Ecosystems and Vegetation Communities in Queensland. Version 5.0. Q. Herbarium.
Brisbane, Queensland Department of Environment and Science.


Noosa Council (2020). Noosa Plan 2020, Noosa Council.


Noosa Council (2021). Noosa Plan 2020 Mapping Dataset. Noosa Council.


Queensland Department of Environment and Science (2020). "Noise measurement
manual."




                                                                                         66 | 66

Section 69

Ecological Assessment Report – Appendices
14 Serenity Close, Noosa Heads




CONTENTS
Appendix 1: Approved Development Plans         2

Appendix 2: Plan of Development                3

Appendix 3: Wildlife Online Results            4

Appendix 4: Botanical Survey Results           5

Appendix 5: OWAD Environment Report            6

Appendix 6: Heuristic Decision Model           7

Appendix 7: Habitat Suitability Assessment     9

Appendix 8: Opportunistic Fauna Observations   12

Appendix 9: Code Responses                     13

Section 70

Ecological Assessment Report – Appendices
14 Serenity Close, Noosa Heads



APPENDIX 1: APPROVED DEVELOPMENT
PLANS

Section 71

                                              Officer:          Denis Wallace
                                              Direct Telephone: (07) 5449 5179
                                              Response Address: Locked Bag 72
                                                                Sunshine Coast Mail Centre QLD 4560
                                              Email:            [email protected]
                                              Our Reference:    2008/176
                                              Your Reference:   000475 LO2 NG
15 April 2010

CBD Settlers Cove Pty Ltd
CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567


Dear Madam

                                      Decision Notice
                                   Integrated Planning Act 1997

I refer to your application and advise that on 8 April 2010 Council decided to approve the application
in full subject to conditions.
Council also advises it requires that the Traffic Management Plan for each construction phase of the
development shall be submitted to the Divisional Councillor at least 3 days prior to its approval by the
relevant officer.
Details of the decision are as follows:

1        APPLICATION DETAILS

    Application No:                  2008/176
    Street address:                  3 - 7 Serenity Close, Noosa Heads
    Real property description:       Lots 10 & 11 SP 195871
    Planning Scheme:                 Superseded Planning Scheme (Schedule to the Planning
                                     Scheme & Strategic Plan 1997)

2        DECISION DETAILS
The following type of approval has been issued:
        Development Permit for Material Change of Use – Resort Development comprising Multiple
         Dwelling (109 Dwelling Units) and Accommodation Building (90 Accommodation Units) and
         Ancillary Facilities to be assessed against the Superseded Planning Scheme

3        RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Approval is identified in the Assessment Manager
conditions.

4        ASSESSMENT MANAGER CONDITIONS
Approved Plans
1.       Development undertaken in accordance with this approval must generally comply with the
         approved plans of development. The approved plans are prepared by DBI Design Pty Ltd and
         are listed in the following table:

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            Plan No.        Rev.             Plan / Document Name                        Date
           A-SD-1.100        G       Site Plan Level 0 Basement Level               25 August 2009
                                     Carpark
           A-SD-1.101        G       Site Plan Level 1 Lower Ground Level           25 August 2009
           A-SD-1.102        G       Site Plan Level 2 Ground Entry Level           25 August 2009
           A-SD-1.103        G       Site Plan Level 3                              25 August 2009
           A-SD-1.104        G       Site Plan Level 4                              25 August 2009
           A-SD-1.105        G       Site Plan Level 5                              25 August 2009
           A-SD-1.106        G       Roof Plan Level 5                              25 August 2009
              4.31           -       Elevations                                           -
              4.32           -       Elevations                                           -
              4.33           -       Elevations                                           -
              4.34           -       Elevations                                           -
       and as may be amended by the conditions herein.
General
2.    All relevant conditions of Development Permit 23118 DA and the approved Management
      Plans for the site shall be complied with prior to the commencement of the approved use.
3.    The units are to be used for short-term accommodation only and shall not be permanently
      occupied or permanently let. The Community Management Statement for any Bodies
      Corporate associated with the accommodation units shall clearly state this requirement.
4.    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.
5.    The buildings shall be finished in natural, muted tones.          Architectural renderings
      demonstrating compliance shall be submitted for Council approval prior to the approval of a
      Development Permit for Operational Works.
6.    Any deck or balcony areas shall not be fully enclosed with shutters, glass panelling or the like,
      thus remaining open structures.
7.    Any rooftop plant or mechanical equipment extending more than 1 metre above the roofline
      shall be screened using lightweight screening materials that visually integrate with the building
      design.
8.    Balustrade materials visible from the street frontages shall be clear or translucent.
Amended Plans
9.    Prior to the issue of a Development Permit for Operational Works amended plans shall be
      submitted for Council Approval indicating:
                   rd        th
      a.    The 3 and 4 storeys of the development shall be amended to remove the
            encroachment within the 10 metre setback to the Banksia Avenue frontage and at the
            corner of Serenity Close and Banksia Avenue.
      b.    The basement car parking level adjacent the corner of Serenity Close and Banksia
            Avenue shall be amended to provide a minimum 6m setback to the frontage to allow for
            deep plantings to be established.
Building Height
10.   The finished height of the building, including any rooftop plant or structures, shall not exceed
      15 metres above natural and finished ground levels.


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11.   A verification survey of the building is to be carried out by a Licensed Surveyor and a
      certificate lodged with Council at completion of work confirming compliance with the maximum
      allowable building height as required by either the conditions of approval or the Planning
      Scheme.
Operating Hours & Deliveries
12.   The restaurants and bar are to operate between the hours of 6am and 12pm only.
13.   Business deliveries are to be undertaken between the hours of 6am to 7pm Monday to
      Saturday and 8am to 5pm Sunday only.
14.   Service vehicles shall not attend the site outside the hours of 8am to 5pm.
Vegetation
15.   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 approved Settler’s Cove
      Management Plans or the conduct of the approved use.
16.   The Koala and Glossy Black Cockatoo habitat trees identified for retention on plan L-SD-1.01
      (Rev. A) dated August 2009 by DBI Design Pty Ltd shall be retained.
17.   The existing Koala and Glossy Black Cockatoo habitat trees and any other trees within
      setback and open space areas to be retained must be protected. As building works are likely
      to impact the trees’ root zones, a qualified Arborist (having a minimum Diploma of
      Arboriculture or ISA certification and a minimum of three years’ field experience) must be
      contracted to prepare a Tree Management and Protection plan and shall:
      a.     oversee installation of a hard temporary protection zone prior to commencement of
             works with ‘no go’ signage in accordance with AS 4970-2009. All site workers must be
             inducted in relation to the tree protection;
      b.     supervise any works within the temporary protection zone;
      c.     undertake hazard reduction and formative pruning as necessary; &
      d.     provide certification that the trees were protected in accordance with the Arborist’s
             recommendations.
      The Tree Management and Protection Plan Shall be presented prior to or at the pre-start
      meeting for the site.
      The Arborist shall monitor the health and structural integrity of the trees to be retained at least
      monthly during the construction period and quarterly for 12 months after construction is
      completed. The developer shall rectify any decline in the health or structural integrity of the
      trees, in accordance with the Arborist’s recommendations.
18.   Cleared vegetation is to be suitably processed by one of the following methods and removed
      from the site:-
      a.     Re-use for building materials.
      b.     Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
             loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a
             minimum of 10 metres between edges of heaps.
      c.     Disposal for firewood.
      d.     Disposal for landscaping purposes.
      e.     Transport to alternative site for breaking down materials provided that all necessary
             permits have been obtained to allow the alternate site to be used for this purpose.



                                                                                      Page 3 of 30

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      The disposal method for clearing works is to be submitted in conjunction with an application
      for a Development Permit for Operational Work. The Applicant is advised that other methods
      may be considered provided full details of the method are submitted.
      The Applicant is advised that burning off is an unacceptable method of disposal.
Fauna Spotter
19.   The Applicant must conform to the requirements of the Fauna Management Plan Settler’s
      Cove Development Pty Ltd, May 2005, (or later updated and approved versions) and
      implement particularly section 3.4, and section 4.2. A fauna spotter shall be employed to
      oversee the removal of any native trees within the site. Prior to felling or lopping all trees are to
      be checked for wildlife (eg. koalas, cockatoos, possums). If wildlife species are present, the
      tree shall not be felled or lopped until the wildlife has left the tree.
Landscaping
20.   The open space and setback areas are to be landscaped in accordance with Council’s Policy
      on Landscaping Guidelines and a properly prepared Landscape Plan prepared by a suitably
      qualifies Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to
      the premises being occupied and maintained at all times thereafter. The Landscaping Plan
      shall include the following:
      a.    Koala and Glossy Black Cockatoo food trees in accordance with the associated
            Environmental Protection Authority (EcoAccess) approval conditions for the site and the
            approved Settler’s Cove Ecological Restoration Plan and Landscape Master Plan.
      b.    Locations of nesting boxes for Glossy Black Cockatoos shall be indicated on the
            landscape plans and installed on existing trees to be retained.
      c.    Vegetation to adequately screen and provide filtered views of the development, including
            as viewed from Serenity Close and Banksia Avenue, and shade hardscaped areas, with
            plantings to include significant canopy trees.
      d.    A minimum of twenty-five (25) native trees of a minimum bag size of 400L to replace
            existing trees to be removed the site’s frontage.
      e.    Street trees to the frontage of the site at appropriate centres and to provide shade to any
            existing pathways.
      f.    Replanting of street trees to median islands with Serenity Close where affected by the
            development entrance/exit works; and
      g.    Details of any proposed fencing.
      h.    Koala friendly fencing and climbing poles to retaining walls to allow access to food trees
            and through the site, where appropriate.
      i.    Fencing to exclude koalas from pool areas, escape measures for pools and any other
            identified koala friendly measures.
Fencing
21.   Any fencing provided in conjunction with the development is to be set back at least 1 metre
      from the road frontage with at least half of any fence set back 2 metres. Dense landscaping is
      to be provided between the road frontage and any fencing.
Signage
22.   Any advertising sign or device is to comply with Council's policies on advertising.
23.   Construction signage, including that on hoardings and shade cloth but not including statutory
                                                     2
      safety signage, shall not exceed a total of 20m for the site. Tower cranes shall not include
      advertising signage or unnecessary lighting.
Bicycle Parking
24.   Secure bicycle racks shall be provided on site to accommodate a minimum of 28 bicycles.
      The cycle parking rack is to be made available for customers and staff of the retail premises at
      all times during business hours.
                                                                                        Page 4 of 30

Section 75

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End-of-Trip Facilities
25.   End of trip facilities shall be provided for staff and shall include:
      a.     a minimum of eight (15) lockers; and
      b.     a minimum of three male and three female shower cubicles with ancillary change
             rooms.
Aternative Transport
26.   A shuttle bus with a minimum of 22 seats shall be provided and operated in conjunction with
      the resort to ferry guests to local destinations to minimise traffic impacts on the local area.
      Details of the proposed operation shall be submitted for Council approval prior to the issue of
      a Development Permit for Operational Works.
27.   A minimum of 10 motor scooters shall be made available for use by resort guests, the
      provision of which may be via a service agreement with a hire company
Energy & Water Efficiency
28.   All hot water systems installed shall be either solar systems; electric heat pump systems; or
      gas systems (LPG or natural).
29.   All new kitchen, laundry and bathroom fittings shall 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), or
      current equivalent standards as may apply, with toilets to comply with the AAAA Water
      Conservation Rating System. All new tap ware and shower roses shall not exceed a
      maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this
      requirement.
Community Management Statement Requirements
30.   The Developer 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.
31.   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.
Development Permits
32.   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.
Compliance Bond
33.   Security in the form of a cash bond or trading bank guarantee for the sum of $100,000 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.
34.   The requirements of this development approval are to be effected, prior to the use of the
      premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
      this approval to effect compliance with conditions.
Relevant Period
35.   The Development Permit for a material change of use lapses if the use has not commenced
      by 8 April 2014, unless an application to extend the currency in accordance with the
      provisions of the Sustainable Planning Act 2009 is approved by Council.


                                                                                   Page 5 of 30

Section 76

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Lot Amalgamation
36.   All separate, adjoining lots that form part of this application shall be amalgamated into one
      undivided allotment in accordance with the Plan of Survey submitted for registration at the
      Land Titles Office. Proof of title being issued for the amalgamated lot shall be submitted to
      Council prior to the issue of the Development Permit for Operational Works.
Vehicle Access
37.   Vehicular access to the development shall be provided from the Serenity Close frontage of the
      site generally in accordance with the architectural plans prepared by DBI Architecture titled
      Development Application – RFI dated September 2009.
38.   The driveways shall be designed and constructed to Council’s design standards and to grades
      that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians
      movements along the footpath without any step or level difference. Should any driveways be
      constructed to grades that do not comply with AS/NZS 2890.1-2004 and AS 2890.2-1989,
      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.
39.   To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath,
      the driveway and any associated fencing or vegetation near the driveway shall comply with the
      minimum sight line requirements as defined in AS/NZS 2890.1, section 3.2.4. The applicant
      shall demonstrate compliance by illustrating these sight lines on the plans submitted for both
      Operational Works approval and Building Works approval.
40.   All vehicles shall enter and leave the site in a forward direction.
41.   Vehicle egress from the basement car park shall be amended to provide an adequate turning
      path for vehicles exiting onto Serenity Close.
42.   The manoeuvring area in the porte cochere area shall provide adequate space for vehicles
      exiting the basement car park to pick up passengers from the Central Facilities building
      entrance.
Loading Areas
43.   Loading areas shall be provided on site generally in accordance with the architectural plans
      prepared by DBI Architecture titled Development Application – RFI dated September 2009.
Car Parking
44.   Car parking for a minimum of 263 cars shall be provided within the site generally in
      accordance with the architectural plans prepared by DBI Architecture titled Development
      Application – RFI dated September 2009.
45.   A minimum of 80 car spaces shall be made accessible for staff, commercial customer and
      visitor parking and shall not be dedicated for short or long-term residential parking. The
      community management statement for any or all bodies corporate having control of the resort
      or any part thereof shall incorporate this condition.
46.   A minimum of 28 motorcycle spaces (equivalent to 7 car spaces) shall be provided within the
      site.
47.   The car parking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004
      for user class 1a for resident spaces and user class 2 for visitor and function centre spaces
      with allowance for vehicles to enter and leave the site in a forward gear and with a minimum
      head clearance (headroom) at any point of 2.2m.



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48.   The proposed turning areas at each level shall be line-marked with chevrons and have the
      words “No Parking” painted on the pavement. A sign shall also be provided to indicate that
      the area is a “Turning Area Only” and that “No Parking is Permitted”.
49.   All car parking shall be kept, maintained and line-marked in a condition fit for use.
50.   All staff car park spaces shall be clearly defined by line marking each space with the words
      “Staff Parking Only” and by sign posting each space with a similar wording.
Vegetation Protection
51.   Vehicular pavements within the drip zone of any of the existing trees on site to be retained
      shall be designed as a pervious pavement (such as grass paving cells or similar) where
      possible to allow to penetrate to the trees root system. The pavement shall be constructed so
      as not to damage the tree or their root system and in this regard temporary fencing shall be
      provided around the trees during construction to help protect them.
52.   Plans shall be submitted to the Council for approval that clearly show the type and extent of
      the pervious pavement and the temporary fencing prior to obtaining a Development Permit for
      Operational Works.
53.   Where retained tress are located in areas proposed to filled on site (or are located on
      neighbouring allotments to the actual site to be filled), there will be a need to prevent fill
      material from being placed on the trees root system. To this end the design of the filling works
      will need to incorporate terracing around the tree or a similar means of ensuring that the
      natural ground level around the trees remains generally the same as existing. These
      measures shall clearly be shown on the plans submitted for Operational Works approval and
      any drainage required to drain these areas shall also be shown on the plans.
Roadworks
54.   All modifications to the existing median necessitated by the development shall be designed
      and constructed in accordance with Council’s Planning Scheme Policy 5 – Engineering Design
      Standards – Roads, Drainage and Earthworks.
      In this regard a schedule of works, specifications and plans detailing this work shall be
      prepared and submitted to Council for approval prior to obtaining a Development Permit for
      Operational Works.
Frontage Works
55.   Footpath improvements such as topsoiling, grassing, and tree planting are required to the
      Serenity Close and Banksia Place frontages of the site in accordance with Planning Scheme
      Policy PSP03 Landscaping Plants & Guidelines. Grass shall be couch, free of weeds.
56.   All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel,
      footpath paving and landscaping such as trees and grasses in accordance with Council’s
      Standard specifications prior to commencement of the use permitted by this permit.
Roof Water & Stormwater Drainage
57.   Roof runoff from any new building shall be directed to a rainwater storage system or tank that
      is installed to ensure water from the rainwater storage system or tank is used for external uses
      (such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming
      pools, outdoor cleaning, etc) and for internal (ground floor) use in washing machine cold taps
      and toilet cisterns. All rainwater tanks are to be designed and installed in accordance with the
      Queensland Development Code (QDC) current at the time of building approval, and shall be
      part of the plumbing application for approval. The location and capacity of the tanks shall be
      clearly shown on the plans submitted for Building Works/Operational Works approval and any
      overflow shall be directed to the stormwater drainage system.
58.   A stormwater management plan and stormwater management design must be submitted to
      Council for approval prior to obtaining a Development Permit for Operational Works. The
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      stormwater management plan and stormwater management design must be prepared by a
      RPEQ, specialising in stormwater and water quality management incorporating the principles
      of the relevant approved Management Plans as described in Decision Notice 23118 DA. The
      stormwater management plan and stormwater management design must demonstrate 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. The following information is required to be submitted with the stormwater management
      plan and stormwater management design submitted with the application for Operational Works
      Approval:
      a.    An Audit report which confirms that the stormwater design achieves all criteria and
            actions specified in Elements D.1 of Settlers Cove Noosa Residential High Density
            Environmental Management Plan by WBM dated 25 July 2007;
      b.    Confirmation from an RPEQ that the sites proposed stormwater management measures
            will provide for infiltration into the sand subgrade without runoff for storms up to a 10
            year Average Recurrence Interval;
      c.    The location for any required oil and sediment traps; &
      d.    MUSIC model results that demonstrate that the site will achieve the pollutant reduction
            targets required by the Water Sensitive Urban Design Technical Design Guidelines and
            the following water quality criteria:
            i.     Total nitrogen levels – 0.34 mg/l; &
            ii.    Total phosphorous levels – 0.035 mg/l.
59.   All stormwater drainage shall be collected on site and discharged so there is no net increase
      in stormwater runoff from the site.
60.   To ensure that polluted run-off does not enter the water table, the adjoining waterways or
      Council’s stormwater drainage system, stormwater run-off from the car parking areas and the
      driveways shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a
      grease/oil arrestor/gross pollutant trap provided on site prior to being permitted to discharge
      into the larger drainage system.
      All other clean stormwater, such as roof water, can be collected on site and discharged
      through a single underground drain line directly into the existing drainage system, bypassing
      the grease/oil arrestor/gross pollutant trap.
      To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
      arrestors/gross pollutant trap, 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.
61.   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.
62.   All site stormwater drainage shall be by means of a gravity system.
63.   All stormwater drainage lines including inter-allotment drainage shall be inspected by closed
      circuit television (CCTV) prior to commencement of the approved Use.
      CCTV inspection will be carried out by Council's CCTV contractor and arranged by Council
      following satisfactory completion of construction works. The developer will be responsible for
      the full cost of CCTV inspection, including any additional inspection necessary following defect
      identification and rectification. This charge is payable prior to the issue of Operational Works
      approval and will be determined on the unit rate basis current at the time of approval.

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Sewer Mains / Town Water Supply
64.   Reticulated water supply and sewerage must be provided to the development.
65.   Construction activities must not impede the access of Sunshine Coast Water or Fire Brigade
      personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).
66.   The fire-fighting demand on Council’s water supply system from the development must not
      exceed 30 litres per second.
67.   A single Council installed primary water meter must be provided immediately inside the
      property boundary. Additional water meters must be installed for each title of a community title
      or sub-lease scheme. Meters must be Council approved, installed in accordance with Council
      requirements and remain accessible at all times for reading and maintenance purposes.
68.   Buildings, basements and other structures must maintain a minimum clearance of 1.5 metres
      from Council sewer mains, and 1.0 metres from sewer manhole chambers and inspection
      openings.
69.   Storm water retention systems, gross pollutant traps and bio-retention basins must maintain a
      minimum clearance of 1.5 metres from Council water supply and sewerage infrastructure.
70.   Landscape planting within 1.5 metres of Council sewerage infrastructure must be Council
      approved varieties and low growing when mature.
71.   The level of the existing sewer manholes must be adjusted to suit the proposed finished
      surface levels. Work must be undertaken by Sunshine Coast Water at the applicants cost.
72.   Landscape planting within 1.5 metres of Council sewerage infrastructure and 1.0 metres from
      water supply infrastructure must be Council approved varieties and low growing when mature.
73.   Construction works undertaken in the vicinity of Council water supply or sewerage
      infrastructure must not adversely affect the integrity of the infrastructure. All costs associated
      with repair, replacement or alteration of infrastructure must be met by the applicant.
Service Easements (Sewer / Stormwater)
74.   A 3.0 metre wide easement must be provided over all Council sewers located in private
      property that are not covered by an existing easement. A 4.0 metre wide easement must be
      provided over Council sewers greater than 3.0 metres deep (where approved by Council).
      Easements must be located centrally over the main.
75.   A registered easement shall be created over any stormwater drainage pipes within the site
      that collect stormwater from a Council road or convey stormwater from any adjoining property
      (for example, where drainage pipes are provided within the site to prevent adjacent properties
      from additional ponding/flooding due to the subject site being filled).
76.   No building or other structure shall be constructed or encroach into an easement.
Construction Issues
77.   A Traffic Management Plan for the each construction phase of the development shall be
      submitted to and approved by Council at least 5 working days prior to the commencement of
      any Building works or at least 5 working days prior to the pre-start meeting for Operational
      Works. The Traffic Management Plan shall be referred to the Divisional Councillor for
      comment before approval and shall include but not be limited to:

      a.    Limiting the routes for the heavy vehicles to the major road network and prohibit the use
            of the local roads as access to the site.
      b.    Indicate provision for on-site and off-site parking for the required workforce.
      c.    Indicate the location of loading and unloading areas.
      d.    Indicate the location of any “holding” areas for heavy vehicles, and
      e.    Operating hours.
      f.    Maintaining clear pedestrian access around the site at all times.
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78.   Construction staff shall not park on Serenity Close or elsewhere on-street. Parking shall either
      be on site, an adjacent vacant site or at a suitable off-site location serviced via a shuttle bus.
79.   A detailed Condition Survey must be carried out on existing structures, services, adjacent
      buildings and roads prior to any excavation or construction works taking place on site. If
      distress already exists, a photographic survey should be undertaken, the distress measured
      and a plan to monitor changes to distress shall be implemented. Remediation of any
      damages caused by construction of this development shall be undertaken within 3 months of
      the completion of substantial works for this development.
80.   Any significant dust and dirt accumulating on adjoining buildings as a result of this
      development shall be removed at the end of substantial works if requested by the affected
      bodies corporate.
Earthworks
81.   Filling works required on site shall be carried out in accordance with Council’s Planning
      Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional
      ponding of water on any adjoining lands or the blockage of, or interference with, any natural
      watercourses.
82.   Earthworks carried out on site shall not affect the structural integrity of any of the existing
      fences and/or structures and/or lands that border the development site. Fences that are
      affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.
      In this regard any fences to be replaced shall be clearly shown on the plans submitted for
      Operational Works approval.
83.   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.
84.   All major excavations (including the basements and driveways) shall be shored to prevent
      batters extending into areas and vegetation to be retained. All tress to be retained shall be
      adequately tagged to Council’s satisfaction and enclosed with a barrier fence to the drip line to
      prevent damage.
Acid Sulfate Soils
85.   As the site is located below the 20m AHD and above the 5m AHD, any excavation works
      consisting of 100m3 or greater which extends below 5m AHD must be carried out in
      accordance with State Planning Policy 2/02 Planning and Managing Development Involving
      Acid Sulfate Soils. In this regard appropriate testing and supporting documentation prepared
      by a suitably qualified specialist shall be submitted to Council for approval prior to obtaining a
      Development Permit for Operational Works.
Site Stability
86.   A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site,
      determine the soil classification, establish whether any measures are required to protect the
      stability of adjoining buildings and/or structures and/or land, and make recommendations on
      the type of foundation system(s) best suited for the proposed development.               The
      recommendations of this report shall be incorporated into the design and construction of the
      proposed development.
Erosion and Sediment Control
87.   Any person acting on this permit shall prevent erosion and sediment export from leaving the
      site. Site control measures such as silt fencing, controlled gravel access to the site and
      controlled disposal of waste, will be necessary.
      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.

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Contributions Towards Council Infrastructure
88.   The applicant must pay contributions towards trunk infrastructure in accordance with the
      following Planning Scheme Policies and Council Policies:
      a.    Planning Scheme Policy 12 – Public Open Space Contributions;
      b.    Planning Scheme Policy 13 – Contributions in Lieu of Off Street Parking;
      c.    Planning Scheme Policy 16 – Sewerage Headworks Contributions;
      d.    Planning Scheme Policy 17 – Water Supply Headworks Contributions;
      e.    Planning Scheme Policy 20 – Pathway Trunk Network Contributions;
      f.    Council Policy – Rural Roadworks Contributions; &
      g.    Council Policy – Master Drainage Contributions.
      For material change of use of premises approvals the contributions must be paid prior to the
      commencement of use, for reconfiguring a lot approval contributions must be paid prior to
      Council approval of the plan of subdivision.
      The actual amount of the contribution must be calculated and paid in accordance with the
      Planning Scheme Policies and variations due to indexation current at the time of payment.
General
89.   Any Building Format Plans (or similar) submitted for Council approval must be accompanied
      by the relevant Community Management Statement (or similar) demonstrating compliance
      with the conditions of this approval.
90.   A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
      specifications for all engineering works that will become Council infrastructure, which shall be
      submitted in conjunction with an application for a Development Permit for Operational Works.
      In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be
      submitted in conjunction with any application for Operational Works.
91.   Digital detailed designs including drawings, calculations, specifications and a schedule of
      works, shall be submitted with any application for a Development Permit for Operational
      Works in respect of roadworks and stormwater drainage works. The design shall be in
      accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards –
      Roads, Drainage and Earthworks. To avoid conflict with underground pipes or services, all
      existing and proposed services required by the development shall be shown on the plans.
92.   To facilitate production of As Constructed drawings it is suggested that all design drawings are
      submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the
      use of ADAC are available at www.adac.com.au).
93.   A construction management plan/strategy to ensure no damage occurs to Council services
      shall be prepared by a suitably qualified Registered Professional Engineer and submitted to
      Council in conjunction with any application for Operational Works.
94.   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.
95.   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.
96.   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.


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97.   As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer
      for design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and
      type of all services and structures. All of which shall be submitted to Council for checking and
      for Council’s records.
98.   The data must fully detail levels for all engineering works including but not limited to drainage
      structures, finished ground levels and pavement surface levels. The data shall be submitted in
      the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC
      are available at www.adac.com.au).
      Approval of works shall not be granted until all As Constructed information has been supplied
      and accepted by Council.
Refuse
99.   The developer shall provide waste and recycling storage and disposal facilities in accordance
      with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and
      Industrial Premises”. The Waste Management Plan of Mark Rigby and Associates dated
      February 2009 is not approved in its entirety. An amended Waste and Recycling Management
      Plan (Operational) must be submitted for the day-to-day operation of the development and
      approved by Council’s Waste and Resources Management Branch prior to issue of
      development permit for operational works. The amended plan shall include amongst other
      things –

      a.    Further details of the waste and recycling collection area on the south side of Building A
            to show:

            i.    Full dimensions of the overall area and its likely increase in size to accommodate
                  the required bins.
           ii.    The number and types of bins stored there.
           iii.   The vehicle movement paths of the different general refuse and recycling vehicles
                  which must comply with the turning circles of AUSTROADS: design single unit
                  truck/bus (12.5m) template. This must allow easy and safe collection for both front
                  and rear loading and allow the required height clearance.
     b.    The nine waste and recycling storage areas throughout the resort and residential
           buildings and the external waste and recycling collection storage area are all to be
           provided with their own individual bin washing facilities.
     c.    The waste and recycling storage areas shall include the provision of containers for all
           waste and recycling materials including putresable matter, non-recycling waste,
           paper/cardboard, glass, aluminium/steel cans, waste oil, styrofoam boxes, etc.
     d.    The proposed separate refuse chutes (general refuse and recyclables) must be provided
           in accordance with Council’s Policy for “Refuse Chutes and Accessories in Multi Storey
           Buildings”. The recyclable chutes in Buildings A – C are to be used in the same way as
           Buildings D – G.
100. A Construction Waste Management Plan shall be submitted and approved by Council’s Waste
     and Resources Management Branch prior to issue of a development permit for operational
     works. Waste Management Plans are required to be in accordance with Planning Scheme
     Policy 11, Waste Management Plans see table below. Waste storage areas are to provide for
     adequate separation of all reusable, recyclable and waste materials. These shall be located
     so that they are convenient and safe to use (refer to Noosa Council Waste Management
     Code).
      The Plan shall contain the following information:

      a.     The site area for the storage and separation of waste is to be shown on the plan
             drawings accompanying the application.
      b.     A waste management table as indicated below is to be completed showing how waste
             material is to be segregated - recycled – reused or disposed.
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       MATERIALS ON-SITE                   DESTINATION
                                           Re-use and Recycling                        Disposal
       Expected waste        Estimated     On-site              Off-site               *specify contractor
       materials             volume        *specify proposed    *specify contractor    and landfill site or
                             (m³)          re-use or on-site    and recycling outlet   other disposal site
                                           recycling methods
       Excavation material
       Green waste
       Bricks
       Concrete
       Timber-please
       specify
       Plasterboard
       Metals - please
       specify
       Asbestos
       Other - please
       specify
      Note * If a demolition contractor is undertaking works, then the Waste Management table is to
      be completed by the demolition contractor.
      The purpose of the Waste Management Plan is to facilitate the segregation of waste for the
      effective reuse and recycling of such materials. Additionally Council rewards those who
      segregate waste by significantly reducing disposal fees at the landfill some items are free.
      Higher gate fees are charged for loads of mixed waste.
Trade Waste
101. The drainage system from all business that are likely to discharge trade waste must comply
     with Council’s Trade Waste Policy and Sunshine Water’s guidelines for accepting trade waste
     into the sewer. All appropriate trade waste permit and/or agreements must be applied for and
     issued prior to the discharge of any trade waste to the sewer.
102. Noise emission from mechanical equipment shall comply with the following requirements:
      Air-conditioning and Refrigeration
      a.    7am to 10pm: Maximum background + 5dB(A)
      b.    10pm to 7am: Maximum background + 3dB(A)
      Pumps
      c.    7am to 7pm: Maximum background + 5dB(A)
      d.    7pm to 10pm: Maximum background + 3dB(A)
      e.    10pm to 7am: No audible noise.
103. Written certification from a suitably qualified person shall be submitted confirming that the
     noise levels from all mechanical equipment 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.
      The assessment and certification is required immediately after installation of the equipment
      and prior to any occupation of the building, and in a format approved by Council. All
      equipment should be operating at the same time to test the overall noise level created.
      Note: It is highly recommended that the person you engage to certify the installation is
      involved at the plan development stage so they can recommend where this equipment is best
      located. They can also advise about noise enclosures and can make other suggestions to
      avoid noise problems. It is a lot more costly to try and deal with noise problems after
      everything is built.

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104. Noise from building works associated with residential development shall comply with the
     following –
      a.     Limited to between 7:00am to 6:30pm Monday to Saturday.
      b.     All reasonable measures are taken to minimise noise emissions.
      c.     Not permitted on Sunday or public holidays.
Communication with existing residents
105. The developer shall institute a fortnightly communication with residents within Serenity Close
     to advise of construction progress and works to be undertaken in the coming fortnight.
5     REFERRAL AGENCY CONDITIONS

The referral agencies applicable to this application are:

 Referral Trigger            Referral Status     Referral Agency           Referral Address

 Site Contains               Concurrence         Department of Natural     PO Box 573
 Assessable Vegetation                           Resources & Water         NAMBOUR QLD
                                                                           4560
 Koala Conservation          Concurrence         Department of             Ecoaccess Customer
 Area                                            Environment and           Service Unit
                                                 Resource Management       PO Box 15155
                                                                           CITY EAST QLD
                                                                           4002
A copy of any referral agency conditions is attached.

6     APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
 Plan / Document No.       Rev.    Plan / Document Name                    Date
      A-SD-1.100             G     Site Plan Level 0 Basement Level           25 August 2009
                                   Carpark
      A-SD-1.101             G     Site Plan Level 1 Lower Ground Level       25 August 2009
      A-SD-1.102             G     Site Plan Level 2 Ground Entry Level       25 August 2009
      A-SD-1.103             G     Site Plan Level 3                          25 August 2009
      A-SD-1.104             G     Site Plan Level 4                          25 August 2009
      A-SD-1.105             G     Site Plan Level 5                          25 August 2009
      A-SD-1.106             G     Roof Plan Level 5                          25 August 2009
         4.31                -     Elevations                                       -
         4.32                -     Elevations                                       -
         4.33                -     Elevations                                       -
         4.34                -     Elevations                                       -




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7    ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.   An advice notice outlining the estimated infrastructure contributions payable and the basis for
     their calculation under the current Planning Scheme Policies and Council Policies is attached
     with this Development Permit.
2.   For properties located in the catchment area for the Coastal Major Road Network
     Infrastructure Charges Plan, this development permit may trigger an Infrastructure Charge to
     be issued in accordance with the Infrastructure Charges Plan and Chapter 5 of the “Integrated
     Planning Act 1997”.
3.   Please        contact      Council's     Infrastructure    Charges      Officer      (email:
     [email protected]) a minimum of 5 business days prior to payment of the
     infrastructure contributions and/or charge notice so a payment advice detailing the amounts
     applicable at the time of payment may be issued to accompany the payment.
4.   Payment of infrastructure contributions and/or infrastructure charge notices will not be
     accepted by credit card transaction.
5.   In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint,
     cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed
     where it could reasonably be expected to move into a roadside gutter, storm water drain or a
     watercourse. On the spot fines apply for such offences.
6.   The plans for the proposed building work have not been assessed for compliance with the
     requirements of the Building Code of Australia as they relate to people with disabilities. Your
     attention is drawn to the matter that either or both the Disability Discrimination Act 1992
     (Commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the
     proposed building work.
7.   The following is required for the proposed restaurant:
     (i)     Plans and application is to be made to Council’s Healthy Places Section for approval
             prior to any building approval, fitting out or use of the premises.
     (ii)    A statement indicating the purpose of the food premises, type of food sold, proposed
             menu and maximum number of patrons at any time, is to accompany the application for
             plan approval.
     (iii)   Construction and use of the food premises should comply with Council’s Food Premises
             Policy and the Food Safety Standards (both available from Council).
     (iv)    Toilets for customers and staff to be provided in accordance with Building Code of
             Australia. Obtain advice from a building certifier on numbers and standards, including
             disable access.
     (v)     Plans and approval is required for any mechanical exhaust ventilation system, which
             should comply with AS1668. A certificate from the installer certifying the system
             complies with the Standard must be obtained and lodged with Council prior to
             commencement of trade.
     (vi)    Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must
             obtain a Food Licence from Council, prior to use of those premises.




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8.    The development should be undertaken and operated in a manner that causes no detrimental
      effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
      lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any
      other emissions in accordance with the nuisance provisions of the Environmental Protection
      Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8     PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property record
system:
Not applicable

9     PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable

10    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required           Subject of the required Development Permit
                                               (i)  Access and/or Car parking.
 Development     Permit    for   Operational
 Works                                         (ii)     Site Civil Works.
                                               (iii)    Roadworks.
                                               (iv)     Stormwater Drainage.
                                               (v)      Frontage Works.
                                               (vi)     Sewer reticulation (including new mains,
                                                        relocations, diversions, pump stations and
                                                        rising mains).
                                               (vii)    Excavation of materials to fill another site.
                                               (viii)   Landscaping.
                                               (ix)     Erosion & Sediment Control

 Development Permit for Building Works         All Building Works




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11     SELF ASSESSABLE CODES

The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Not applicable

12     SUBMISSIONS
There were 21 properly made submissions about the application. In accordance with Integrated
Planning Act 1997, the name and address of the principal submitter for each properly made
submission is provided and attached.

13     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not applicable
14     RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

15     OTHER DETAILS
Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice is attached in compliance with Chapter 5 of the Integrated Planning Act
1997.
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.


Yours faithfully,




Kerri Coyle
Coordinator Planning Applications - North

Enc:    Infrastructure Contributions Advice Notice
        Infrastructure Charge Notice

Cc:

Department of Environment        and   Resource      Department of Environment and         Resource
Management                                           Management
Vegetation                                           Ecoaccess Customer Service Unit
PO Box 573                                           PO Box 15155
NAMBOUR QLD 4560                                     CITY EAST QLD 4002

                                                                                  Page 17 of 30

Section 88

                                                                         2008/176



                                 List of Submitters
                                INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




Name                        Company   Address 1              Address 2
Helmut Eichberger                     20 Boston Street     CLAYFIELD QLD 4011
Dr. Valerie E Lewis                   3/9 Katharina Street NOOSA HEADS QLD
                                                           4567
Graham & Julie Smith                  3/6 Serenity Close   NOOSA HEADS QLD
                                                           4567
B.J. Dorset & J. Smith                34/53        Banksia NOOSA HEADS QLD
                                      Avenue               4567
John Nicholson & Rosemary             12/6 Serenity Close  NOOSA HEADS QLD
Goode                                                      4567
Carole & Tony Ferrett                 5/6 Serenity Close   NOOSA HEADS QLD
                                                           4567
Fay & Des Hanley                      22 Grant Street      NOOSA HEADS QLD
                                                           4567
Professor Michael Besser              4/6 Serenity Close   NOOSA HEADS QLD
                                                           4567
Helen Maddern & Anthony               15/8 Serenity Close  NOOSA HEADS QLD
Maddern                                                    4567
Arthur John Sly                       32 Grant Street      NOOSA HEADS QLD
                                                           4567
I.K. Crow                             PO Box 756           NOOSA HEADS QLD
                                                           4567
Annette & Greg Brookes                9/6 Serenity Close   NOOSA HEADS QLD
                                                           4567
Miriam & Gary Hicks                   30 Grant Street      NOOSA HEADS QLD
                                                           4567
Margaret & Graham Gough               5/10    Woorigoleen TOORAK VIC 3142
                                      Road
Denise Roberts                        4/4 Serenity Close   NOOSA HEADS QLD
                                                           4567
Tina B Sweeney                        6/6 Serenity Close   NOOSA HEADS QLD
                                                           4567
Leonard Hunter King                   1/53         Banksia NOOSA HEADS QLD
                                      Avenue               4567
Kate Gardiner                         10/6 Serenity Close  NOOSA HEADS QLD
                                                           4567
G & M Falconer                        18 Holm Place        CARINDALE QLD 4152
Brian C Ashcroft                      5 Gumdale Court      NOOSAVILLE     QLD
                                                           4566
David Gardiner                        10//6 Serenity Close NOOSA HEADS QLD
                                                           4567




                                                                     Page 18 of 30

Section 89

                                         2008/176



Referral Agency Conditions
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




                                     Page 19 of 30

Section 90

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Department of Natural Resources and Water (NRW)

Referral Agency Response
sechon 3 3 16 integrated Planning Act 1997

1. APPLICATION INFORMATION
1.1 Applicant name CBD Settlers Cove Pty Ltd
1.2 Property description Lot 603 SP188270
1.3 Development Type Matenal Change of Use
1.4 Assessment Manager Sunshine Coast Regional Council

1.5 Assessment Manager Reference 2008/176
1.6 Date application properly referred 1 May 2008
1.7 Departmental Reference ICOSO8NAMO002

2. CONCURRENCE AGENCY MATTERS

Vegetation Management Act 1999

The Chief Executive of the Department of Natural Resources and Water (NRW)
would like to inform the Assessment Manager, that NRW has no concurrence agency
requirements in regard to the application

Reasons for the concurrence agency response
NRW has assessed the Matenal Change of Use (MCU) application against the
Concurrence Agency Policy for Matenal Change of Use (MCU) 23 August 2007 and
has determined that the application meets the requirements of Critena Table B,
because cleanng as a result of the MCU will only occur
* for an urban purpose in an urban area on freehold land, and
* in remnant vegetation that does not contain an endangered reqional
ecosystem, where there is no Property Map of Assessable Vegetation
(PMAV) for the area subject to the cleanng

Definitions
Underlined terms have been defined—Schedule A - Glossary

3. ADVICE AGENCY MATTERS
Acid Sulfate Soils

The Chief Executive of the Department of Natural Resources and Water (NRW)
provides the following advice to the Assessment Manager on matters relating to State
Planning Policy 2/02 — Planning and Managing Development Involving Acid Sulfate
Soils (SPP 2/02)

The application suggests that the proposed development will involve the excavation
of 1000m* or more of soil or sediment at or below 5m AHD Based on this
information, SPP 2/02 — Planning for and Managing Development Involving Acid
Sulfate Soils (SPP 2/02) requires the applicant to conduct investigations to identify
the presence of Acid Sulfate Soil (ASS) consistent with SPP 2/02 and associated

 

Page 20 of 30

 

Section 91

2008/176

 

documents’ and, i required, to provide an ASS Management Plan NRW requested

this information from the applicant in wntten correspondence dated 15 May 2008

The penod prescnbed within the /ntegrated Planning Act 1997 for the provision of this
Referral Agency Response ts about to expire and NRW has yet to receive adequate
supporting information from the applicant relating to the identification and

of ASS As section 5 3 of SPP2/02 requires an Assessment Manager
apm ane ree a in oe eye hated ey Whe, Bootes

decision on the application unt an ASS investigaon report and, if required, an ASS
Management Plan is submitted and assessed This will provide an opportunity for
NRW to give the Assessment Manager appropnate technical advice regarding the
ability of the proposal to meet Development Outcome 1 enunciated within SPP 2/02

. THIRD PARTY MATTERS

The Chief Executive of the Department of Natural Resources and Water provides the
following advice to assist the Assessment Manager to fully consider the application.

Aboriginal Cultural Heritage Act 2003
NRW also takes this opportunity to advise the Assessment Manager of the
responsibilives of apphcants under the Abonginal Cultural Hentage Act 2003 The
Assessment Manager may wish to include this information as an Advisory Note on
the Decision Notice issued for the application

Under section 23 of the Abonginal Cultural Heritage Act 2003 a person who cames
out an actvity must take all reasonable and practcable measures to ensure the
actvity does not harm Aboniginal cultural hentage (the “cultural hentage duty of
care") Maximum penalties for breaching the duty of care are $750,000 for a
corporation and $75,000 for an individual

Applicants will comply with the duty of care in relation to Abonginal cultural heritage if
they are acting in accordance with cultural hentage duty of care guidelines gazetted
under the Abonginal Cultural Hentage Act 2003, available on the NRW website, or in
accordance with an agreement with the Aboriginal party for the area or a cultural
hentage management plan approved under part 7 of the Abonginal Cultural Hentage
Act 2003

Applicants are also encouraged to undertake a search of the Aboriginal Cultural
Hentage Database and the Abonginal Cultural Hentage Register, administered by the
Cultural Hentage Coordinaton Unit, NRW Application forms to undertake a free
search of the Cultural Hentage Register and the Database may be obtained by
contacting the Cultural Hentage Coordination Unit on (07) 3238 3838 or on the NRW
website www nrw gid gov au/cultural_hentage

Le _

Jeff Guinea

Senior Officer (Planning & Environment)
Nambour — South East Region
Authorised Delegate

12 June 2008

Attachment 1 Schedule A- Glossary

" SPP 2/02 and the SPP 2/02 Guideline are available from www ipa qid gov aulcodes/codespohows asp
‘The associated technical documents are available from hip /Mwww niw gid gov aulland/ass/products him!

Department of Natural Resources and Water ICOSOBNAMO002 Page 2 of 4

 

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Schedule A - Glossary
Clearing, for vegetabon
* means remove, cut down, nngbark, push over, porson or destroy in any way
including by burning, flooding or draining, but
* does not include destroying standing vegetation by stock, or lopping a tree

Clearing as a result of the MCU includes
* clearing of assessable vegetation that will result from the change in use,
consisting of any of the following
— leaning for infrastructure—including buildings, stormwater management
systems, water supply and sewerage systems—that are proposed as part
of the MCU application
— cleaning for roads, vehicle parking, vehicle and pedestnan access, utilities
comidors, services, fences, firebreaks and fire management lines that are
proposed as part of the MCU application
~ Cleanng that may not be necessary for developing infrastructure but is
associated with the use applied for.
And
* cleanng of assessable vegetation that will become exempt if the development
application ts approved This includes any of the following examples
— cleaning for routine management and essential management purposes
associated with the approved development including clearing to maintain
proposed infrastructure, facilities, roads, access routes, utilities, services
and fences, and clearing to maintain the safety of persons and property
that will be associated with the development
=~ cleaning for necessary fire breaks and fire management lines associated
with the development This will be assessed as follows
1 all built infrastructure other than underground services, roads and
fences will be assessed as requiring cleanng for firebreaks with a
width of 1 5 times the height of the tallest vegetation adjacent to the
infrastructure, or 20m, whichever is the greater However, evidence
may be provided to NRW that confirms that an alternative firebreak
width is required that is consistent wth the State Planning Pohcy
(SPP) 1/03 Guideline
all proposed allotment boundaries will be assessed as requinng
clearing for fire management lines with a width of 10m constructed
on either side of the allotment boundary, unless NRW ts provided
with evidence that confirms that an alternative width of fire
management line 1s required or an alternative configuration of fire
management lines are required that ts consistent with the SPP 1/03
Guideline
jm in the case of evdence being presented that demonstrates
alternative fire management guidelines as being sufficient and
consistent with the SPP 1/03, NRW may condition the development
so that the full extent of exempt clearing prescribed for essential
management under Schedule 8 of the IPA cannot be carned out by
current or future landholders
— where there is a concurrent application for Reconfiguring of a Lot (RaL)
for the same land that has not yet been decided—cleanng as a result of
the RaL as set out in the Ral Policy item 2 will be assessed
Endangered Regional Ecosystem means a regional ecosystem that is prescribed
under a regulation and has either—
(a) less than 10% of its pre-clearing extent remaining, or

Department of Natural Resources and Water |COSOBNAMOCO2 Page 3 of 4

 

Page 22 of 30

Section 93

2008/176

 

(b) 10% to 30% of its pre-clearing extent remaining and the remnant vegetation
remaining is less than 10000ha

Regional Ecosystem means a vegetation community in a bioregion that is
consistently associated with a particular combination of geology, landform and soil

Remnant Vegetation for an area of Queensland within a regional ecosystem map,
means the vegetation mapped as being within remnant endangered regtonal

regional ecosystems
on the map

Urban area 1s an urban area as defined in the Integrated Planning Act 1997.
Urban Purpose 1s an urban purpose as defined in the /ntegrated Planning Act 1997
Vegetation is a native tree or plant other than the following

* grass or non-woody herbage
* aplant within a grassland regional ecosystem prescribed under a regulation

* amangrove

   

Department of Natural Resources and Water ICOSO8NAMO002 Page 4 of 4

 

Page 23 of 30

 

Section 94

2008/176

 

 

Notice

 

Amended Concurrence Agency Response

This notice is issued by the Department of Environment and Resource Management pursuant fo Sections 3.3.16 and
3.3.18 of the Infegrated Planning Act 1997 to advise of a decision or action.

CBD Settlers Cove Pty Ltd ce: Sunshine Coast Regional Council

C/- Martoo Consulting Locked Bag 72

PO Box 1684 Sunshine Coast Mall Centre QLD 4660
NOOSA HEADS QLD 4567

Our reference: 324907

Deer Sir/Madam
Re: Referral for Concurrence Agency Response

The Department of Environment and Resource Management (DERM) wishes to advise that the concurrence
agency response relating to the ature Conservation (Koala) Conservation Plan 2006 and Management
Program 2006-2016 (the Koala Plan), dated 6 April 2009, has been amended and decided on 8 January
2010.

Property/Location:
Street address- Serenity Close NOOSA HEADS QLD 4567
Lot/Plan - Lot 603 Plan SP188270

Details of the Recommendation

Aspect of Development
- Concurrence Response for Development in a Koala Habitat Area
- Amaterial change of use of premises in a Koala Conservation Area

Recommendation

Approve in full with conditions

Page 1 of 5 + AFO80109

@ aueensiand Government

Department of Environment and Resource Management
wew.derm.qic.gov.au ABN 87 221 158 786

Page 24 of 30

 

Section 95

2008/176

 

 

ecoaccess

onwronmental Aconces and prams
Notice

Concurrence Agency Response

 

 

The approved plans
The approved plans and/or documents for this approval are:
Plan/Document Plan/Document Name Date
No.
78130 Fauna Management Plan — Settlers Cove, Noosa Heads May 2005

Prepared by; C & 8 Group
Bi51S6 Settlers Cove Noosa Residential High Density Environmental Management Plan 22 July 2005
(EMP1)

Prepared by: WBM Oceanics Australia ;
04.05.2005 Settlers Cove Noosa Landscape Master Plan 4 May 2005
Prepared by: LandGraphics
Lot10&11 Lot 10 and 11 Residential Apartments Setilers Cove DA September 2009
Prepared by: DBI Architects

 

 

 

 

 

 

 

 

 

DERM Concurrence Conditions of Approval

The following conditions are to be placed on the final decision notice which pertain to fulfilling the
requirements of the Koala Plan for committed development in a Koala Conservation Area.

1, Development must be wholly contained within the portion of the lot designated for development.
Building envelopes and associated infrastructure must be placed in the location as shown on the
Settlers Cove Master Plan and in accordance with the plans listed above.

Clearing of Koala Habitat Trees

2. No koala habitat trees on the subject site will be removed or disturbed as @ consequence of the
operational works except for those Identified within the building envelopes as outlined in the Fauna
Management Plan (May 2005), The clearing of koala habitat trees on the subject site must be
undertaken in accordance with sections 15 and 16 of the Koala Plan.

Koata habitat trees are defined in the Nature Conservation (Koala) Conservation Plan 2006, They
include tree species of the Angophora, Corymbia, Eucalyptus, Lophosteman and Melaleuca genera,
and have a height of more than 4m or a trunk with a diameter of more than 10cm at 1.3m above the
ground.

habilitath

3. Rehabilitation of koala habitat is to be undertaken in accordance with the Koala Plan, The proposed
Revegetation Plans are to be submitted to the DERM and Sunshine Coast Regional Council six (6)
months prior to the commencement of operational works.

a) The location of the rehabilitation site should be based on its ability to provide connectivity to other
areas of bushland and/or providing for improved koala movement across the site.

b) Plant species assemblage, density and distribution including the understorey should resemble the
surrounding regional ecosystem.

c) All koala habitat tree species are to be derived from local seed stock.

d) Suitable protective measures are required to be installed around the rehabilitation area(s) at the
time of planting and remain in place until the maintenance period has finished.

®) All revegetation must be completed within one (1) year of the date an operational works approval
is issued by Sunshine Coast Regional Council.

Page 2 of 5» AFO8O109 Department of Environment and Resource Management

 

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Section 96

2008/176

 

ecoaccess

‘omdranmertal Seances and permits
Notice

Concurrence Agency Response

 

f) Maintenance of all completed revegetation is to be undertaken by the applicant over a period of
two (2) years, commencing from the date revegetation is completed. Maintenance actions are to
address the following:

«stabilisation of soll structure;

* replacement of dead or diseased tree plantings;

© regular watering, taking into consideration current water restrictions; and

* removal and management of noxious plant and environmental weed species.

Landscaping .

4. Landscaping of the subject site is to be undertaken In accordance with the Koala Plan (at least 70%
Australian plants, of which 50% are native to area including koala habitat tees native to the area), The
proposed Landscape Plans are to be submitted to the DERM and Sunshine Coast Regional Council six
(6) months prior to the commencement of operational works.

Gonstruction in a Koala Habitat Area
§, Clearing and construction on the subject site must be limited to the hours between 6am and 6pm.

-6. During construction, the driving and parking of vehicles, as weil as stockpiling of soil and other
materials, must be carried out away from the root zone of trees to be retained.

7. The applicant shall ensure that all employees, contractors, subcontractors, agents or any other person
engaged or employed to carry out building works under this Development Permit comply at all times
with the requirements of this Development Permit and do not clear any vegetation that is not approved
to be cleared under this Development Permit or in a manner that is inconsistent with it.

8. The applicant shall notify the Department of Environment and Resource Management (DERM)
Customer Service Centre on phone 1300 368 326 or email at koala [email protected] at least §
business days prior to the commencement of any clearing of koala habitat trees on the subject site of
the date clearing is to commence and the koala spotter to be used.

9. Domestic dogs are not permitted on the site during construction.

Traffic
10. Traffic entering and exiting the site should be kept to a minimum between the hours of 6pm and 6am.

11. Signage depicting a koala and a maximum speed limit of 20km/h should be erected at the entrance to
the site to inform visitors that koalas may be present on the site.

12, Traffic calming devices must be installed along the main entrance and internal roads where they
intersect with, or are directly adjacent to koala movement corridors on the site.

13. Artificial lighting on the subject site must be operated to ensure it is directed away from adjacent .
conservation areas and other fauna corridors to minimise impacts to koalas and other wildlife inhabiting
of moving through the site.

Education

14, The applicant is required to develop educational material for the intended use by residents and guests
to raise awareness of the sites koala habitat values and ‘koala sensitive’ design aspects of the
development.

 

Page 3 of § + AFORO109 Department of Environment and Resource Management

Page 26 of 30

Section 97

2008/176

 

ecoaccess
eracronmental Boonces and pens
Notice
ee Concurrence Agency Response
Definitions

“Koala exclusion fencing” means a fence that Is made of materials that a koala cannot easily grip,
including, for example tin panels and has a gap of less than 10cm between the ground and appropriate
fencing material. Nearby trees and shrubs should be at least 3m away from the exclusion fencing.

“Koala friendly fencing” is defined as a fence that:
a. allows koalas to easily climb through or over the fence by choosing materials such as post and rail and
leaving at least a 30cm gap between ground level and the first rail or strand; or
b. Provide a means for koalas to get over a fence that cannot be easily climbed by:
i. installing a timber post leaning against the fence at a 45 degree angle on either side;
i. planting vegetation within close proximity on either side of the fence to provide a natural ladder,
li, installing planks or panels horizontally along the top of the fence to provide a walkway; and
iv. _ building the fence around existing trees and vegetation,

“Subject site” refers to Lot 603 on SP188270

Advice to Applicant and Council

The clearing of koala habitat trees must be undertaken in accordance with sections 15 and 16 of the Nature
Conservation (Koala) Conservation Plan 2006 and Management Plan 2006-2016, The applicant shall notify
the Department of Environment and Resource Management (DERM) Customer Service Centre on phone
1300 368 326 or email at koala. [email protected] at least 5 business days prior to the commencement
of any clearing of koala habitet trees on the subject site of the date clearing is to commence and the koala
Spotter to be used,

Koalas that are identified on the site during construction are not to be captured and relocated. Translocation
is prohibited under the Nature Conservation Act 1992. Should a koala be found sick of injured the fauna
spotter must either take it to the nearest treatment facility or contact the DERM hotline on 1300 130 372.

The above DERM concurrence conditions are the full responsibility of the applicant and new landholders,
The DERM recommends that Sunshine Coast Regional Council place a notation on the proposed allotments
which alerts potential landowners when conducting a property search to the development conditions on the
property, in particular, koala sensitive dog ownership.

Assessment Manager Responsibilities

Please note that it is a requirement under Sections 3.5.15 and 3.5.17 of the Integrated Planning Act 1997
that a copy of the final Decision Notice (which includes the DERM's concurrence response) for this
application issued by Sunshine Coast Regional Council, be forwarded to each referral agency. Therefore
could you please send a signed hardcopy to the DERM's Ecoaccess Customer Service Unit, PO Box 16166
CITY EAST 4002 and an electronic copy to eco, accessiderm. gid.gov. au.

 

Page 4 of 5+ AF060109 Department of Environment and Resource Management

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Section 98

2008/176

 

 

ecoaccess

eniiiormantel licences and panvits

Notice

Concurrence Agency Response

 

If you require more information, please contact Brett Manning, the Project Manager, on the telephone

number listed below.

Yours singprely
rf, 4 /
at >

Manager
Koala Conservation Unit
Department of Environment and Resource Management

  

8 January 2010

Enquiries:

Brett Manning

Project Manager

Koala Conservation Unit

PO Box 15155

CITY EAST QLD 4002

Phone: (07) 3330 5491

Fax: (07) 3330 5515

Email: brett. [email protected]

 

Page 6 of 6 » AFO80109

Dapartmant of Environment and Resource Management

 

Page 28 of 30

Section 99

                                                                                                       2008/176



                                                        Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated
                                                                    (6) If an application involves assessment against a
Planning Act (Chapter 4).                                      concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to                      for the application are not available against the part of
development applications                                       the approval that represents the concurrence agency’s
                                                               response for the code.
Appeals by applicants
                                                               Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following-          4.1.29.(1) An advice agency may, within the limits of
                                                               its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development      development approval for a development application
      application;                                             if-
(b) a matter stated in a development approval,                 (a) the development application involves impact
      including any condition applying to the                      assessment; and
      development, and the identification of a code
      under section 3.1.6;1                                    (b) the advice agency told the applicant and the
                                                                   assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a             application as a submission for an appeal.
      development permit was applied for;
                                                                  (2) The appeal must be started within 20 business
(d) the length of a relevant period;                           days after the day the decision notice or negotiated
(e) a deemed refusal.                                          decision notice is given to the advice agency as a
    (2) An appeal under subsection (1)(a) to (d) must          submitter.
be started within 20 business days (the “applicant’s           Appeals for matters arising after approval given
appeal period”) after the day the decision notice or           (co-respondents)
negotiated decision notice is given to the applicant.          4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be               development application, a person to whom any of the
started at any time after the last day a decision on the       following notices have been given may appeal to the
matter should have been made.                                  court against the decision in the notice-
Appeals by submitters                                          (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application               extension of the relevant period for an approval;
may appeal to the court about-                                 (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including                minor change to an approval.
      any conditions (or lack of conditions) or other              (2) The appeal must be started within 20 business
      provisions of the approval; or                           days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval.          the person.
    (2) The appeal must be started within 20 business                (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day            approval resulted from a development application
the decision notice or negotiated decision notice is           (superseded planning scheme) that was assessed as
given to the submitter.                                        if it were an application under a superseded planning
                                                               scheme.
    (3) If a person withdraws a submission before the
application is decided, the person may not appeal the             (4) Also, a person who has made a request
decision.                                                      mentioned in subsection (1) may appeal to the court
                                                               against a deemed refusal of the request.
    (4) If an application involves both impact
assessment and code assessment, appeal rights for                 (5) An appeal under subsection (4) may be started
submitters are available only for the part of the              at any time after the last day the decision on the
application involving impact assessment.                       matter should have been made.
    (5) If an application is processed under section           Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the                Appeals for matters arising after approval given
application are available only for the aspects of the          (no co-respondents)
development that would have required public
notification under the repealed Act.                           4.1.31.(1) A person to whom any of the following
                                                               notices have been given may appeal to the court
                                                               against the decision in the notice-
a.                                                             (a) a notice giving a decision on a request to change
1
     Section 3.1.6 (Preliminary approval may override              or cancel a condition of a development approval.
    local planning instrument)
                                                                                                  Page 29 of 30

Section 100

                                                                                                    2008/176

(b) a notice under section 6.1.442 giving a decision to     (d) the length of a period mentioned in section 3.5.21
     change or cancel a condition of a development                relevant period;
     approval.                                              (e) a deemed refusal.
    (2) The appeal must be started within 20                    (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision      be started within 20 business days (the “applicant’s
is given to the person.                                     appeal period”) after the day the decision notice or
   (3) Also, a person who has made a request                negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the                (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request.              started at any time after the last day a decision on the
    (4) An appeal under subsection (3) may be               matter should have been made.
started at any time after the last day the decision on      The Registrar for the Building and Development
the matter should have been made.                           Tribunal may be contacted at the website
Appeals against decisions to change approval                http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
                                                            For Infrastructure Charges Only
decision made on an application to change the               4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under              charges
section 2.19(3)or section 4.4 of the repealed Act may       (1) This section applies to a person who has been
appeal to the court against-                                given, and is dissatisfied with, an infrastructure
(a) the decision; or                                        charges notice or a regulated State infrastructure
(b) a deemed refusal of the application.                    charges notice.
    (2) An appeal under subsection (1)(a) must be           (2) The person may appeal to the court against the
started within 20 business days after the day notice of     notice.
the decision is to be given to the person.                  (3) The appeal must be started within 20 business
    (3) An appeal under subsection (1)(b) may be            days after-
started at any time after the last day a decision on the    (a) if the notice is given because of a development
matter should have been made.                                    approval or master plan approval-the day the
Appeals against local laws                                       applicant is given notice of the decision about the
                                                                 approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions            (b)    otherwise-the day the notice is given to the
applied under a local law about the use of premises or             person.
the erection of a building or other structure permitted     (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court              (a) whether a charge in the notice is so
against the decision or the conditions applied.                  unreasonable that no reasonable relevant local
    (2) The appeal must be started within 20 business            government, State infrastructure provider or
days after the day notice of the decision is given to the        coordinating agency could have imposed it; or
applicant.                                                  (b) an error in the calculation of the charge.
For Building Works Only                                     (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the          appeal under this section can not be about the
Integrated Planning Act 1997 as follows:                    methodology used to establish the charge in the
                                                            relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
                                                            State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
     application;
(b) a matter stated in a development approval,
     including any condition applying to the
     development, and the identification of a code
     under section 3.1.6;3
(c) the decision to give a preliminary approval when a
     development permit was applied for;

a.
2
   Section 6.1.44 (Conditions may be changed or
  cancelled by assessment manager or concurrence
  agency in certain circumstances)
3
   Section 3.1.6 (Preliminary approval may override
  local planning instrument)
                                                                                               Page 30 of 30

Section 101

~        .    B;
......   ,    c,:j
C.:'~         t::•,:;
,.. _;        C;~
         Fi H In the Planning and Environment Court                             Originating Application 190 of 2013
         ,'L ::J Held at: Maroochydore
             )i]
             .,r j Between:              CBD Settlers Cove Pty Ltd                                         Applicant
             ~·;~:'. ~
                                         ACN 114 192 773

                         And:            Sunshine Coast Regional Council                                Respondent




                                                NOTICE UNDER SECTION 376 OF THE
                                                 SUSTAINABLE PLANNING ACT 2009




                         On 6 December 2013 a request made by the Applicant in this proceeding to change a

                         development approval constituted by a Judgment of the Planning and Environment Court held

                         at Maroochydore in Appeal 178 of 2010 given on 14 October 2011 was approved by the Court,

                         particulars of which are attached and marked "A".


                         Filed on:          6/12/2013



                         Filed by:
                         Service address:
                         Phone:
                         Email:




                         NOTICE UNDER SECTION 376 OF THE                                         GANTT LEGAL
                         SUSTAINABLE PLANNING ACT 2009                                      Level 22 69 Ann Street
                         Filed on behalf of the Applicant                                   BRISBANE QLD 4000
                                                                                                     1300 472 529
                                                                                           [email protected] .au

                                                                                                   Contact lawyer:
                                                                                                    Andrew Davis
                                                                                                    0417 330 433
                         Page 1                                                    andrew [email protected] .au

Section 102

To:

CBD Settlers Cove Pty Ltd
c/- Its solicitor
Gantt Legal
PO Box 1207
BUDDINA QLD 4575

And to:

Sunshine Coast Regional Council
Council Reference 2008/176
Locked Bag 72
SUNSHINE COAST MAIL CENTRE OLD 4560


And to:

Department of Environment and Resource Management
DERM reference CA0312NAM0032_SC14010
PO Box 573
NAMBOUR QLD 4560




Page 2

Section 103

In the Planning and Environment Court                         Originating Application 190 of 2013
Held at: Maroochydore

Between:         CBD Settlers Cove Pty Ltd                                               Applicant
                 ACN 114192 773

And:             Sunshine Coast Regional Council                                      Respondent




                                           JUDGMENT




Before His Honour Judge Robertson
Date of Hearing:            6 December 2013
Date of Order:              6 December 2013


THIS MATTER HAVING on 6 December 2013 come on for hearing by way of application
asking under section 369 of the Sustainable Planning Act 2009 to change conditions of a
development approval given by the Planning and Environment Court (held at Maroochydore) in
Appeal 178 of 2010 on 14 October 2011 being a development permit for a material change of
use for an accommodation building and multiple dwellings (109 units) in relation to land at 1
Serenity Close, Noosa Heads in the State of Queensland and more particularly described as
Lot 603 on SP188270.


UPON THE COURT BEING SATISFIED:

1.      The requirements of the Sustainable Planning Act 2009 with respect to giving notice of
        this application have been complied with.


2.      The changes to the development approval applied for are permissible changes in that
        the changes to the approval would not:


        (a)        result in a substantially different development; or


        (b)        if the application for the approval were remade including the change, require
                   referral to additional concurrence agencies;




JUDGMENT                                                                       GANTT LEGAL
   on behalf of the Applicant                                             Level 22 69 Ann Street
                                                                          BRISBANE QLD 4000
                                                                                   1300 472 529
                                                                         [email protected]. au

                                                                                 Contact lawyer:
                                                                                  Andrew Davis
                                                                                   0417 330 433
                                                                  [email protected]

Section 104

      (c)     be likely to cause a person to make a properly made submission objecting to
              the proposed change, if the circumstances allowed; and


      (d)     cause development to which the approval relates to include any prohibited
              development.


IT IS ADJUDGED THAT:


3.    The following conditions of a development approval given by the Planning and
      Environment Court (held at Maroochydore) in Appeal 178 of 2010 on 14 October 2011
      being a development permit for a material change of use for an accommodation
      building and multiple dwellings (109 units) in relation to land at 1 Serenity Close,
      Noosa Heads in the State of Queensland and more particularly described as Lot 603
      on SP188270 attached be changed by:


      (a)     for condition 35 deleting:

                       35. The Development Permit for a material change of use lapses if the
                       use has not commenced by 8 April 2014, unless an application to
                       extend the currency in accordance with the provisions of the
                       Sustainable Planning Act 2009 is approved by the Council.


              and substituting

                       35. The Development Permit for a material change of use lapses if the
                       use has not commenced by 8 April 2014 8 April 2017, unless an
                       application to extend the currency in accordance with the provisions of
                       the Sustainable Planning Act 2009 is approved by the Council.


      (b)     inserting a further condition 106 as follows:

                       106. A monetary contribution of $44,160 ($920 x 48 trees) must be
                        made to the Council for the off-set of 48 koala habitat trees in
                        accordance with the Policy for Offsets for Net Gain of Koala Habitat
                        in South East Queensland. The monetary contribution must be paid
                        within 12 months of this approval taking effect pursuant to the
                        Offsets for Net Gain of Koala Habitat in South East Queensland
                        Policy.

Section 105

4.       That the registry of this Honourable Court serve a copy of this Judgment on the
         applicant and that such service shall be deemed to be sufficient service for the
         purposes of section 376(1 )(a) of the Sustainable Planning Act 2009

5.       That the registry of this Honourable Court serve a copy of this Judgment on the
         respondent and that such service shall be deemed to be sufficient service for the
         purposes of section 376(1 )(b) of the Sustainable Planning Act 2009

6.       That the registry of this Honourable Court serve a copy of this Judgment on the
         Department of Environment and Resource Management and that such service shall be
         deemed to be sufficient service for the purposes of section 376(1)(c) of the
         Sustainable Planning Act 2009


Filed on:           6/12/2013



Filed by:               GANTT LEGAL
Service address:        Level 22 69 Ann Street BRISBANE QLD 4000
Phone:                  1300 472 529
Email:                  [email protected] .au




Page 3

Section 106

In the Planning & Environrnent                                    Appeai No. 178 of 2010
Court
He!d at: Maroochydore


       Between:       KA.TE GARDINER                                            Appeilant

       And            SUNSI-IINE CO.AST REGIONAL                              Respondent
                      COUNCIL

       And            CBD SETTLERS COVE r,·v l TD                         Co-Respondent




Before His Honour Judge Robertson

Date of Hearing:      14 October 2011

Date of Judgment:     14 October 2011



THIS MATTER HAVING on 14 October 2011 come on for hearing by way of an appeal from
the decision of the Sunshine Coast Regional Council to approve subject to conditions a
development application (superseded planning scheme) for ,:1 development permit for a
material change of use for an accommodation building and multiple dwellings (109 units) in
relation to land at 1 Serenity Close, Noosa Heads in the State of Queensland and more
particularly described as lot 603 on SP188270 ("development application").

UPON THE COURT BEING SATISFIED:

l.     The requirements of the Integrated Planning Act 1997 wlth          respect to the
       commencement of these proceedings have been complied with.
2.     The requirements of the Integrated Planning Act 1997, with respect to the public
       notification of the development application the subject of these proceedings have
       been complied with,


IT IS ADJUDGED THAT:

3.     The appeal be allowed,
4.     The development application be approved subject to the foliowi,19 conditions
       attached and marked 'A'.




                                                IP.A LAW PL.ANNING LAWYERS
                                                           'Regatta Lake Commercial'
                                                                 6 Innovation Parkway
                                                                    Kawana Qld 4575
                                                             Telephone 07 5413 9700
                                                              Facsimile 07 5493 5037
                                                             [email protected]
                                                                      Contact Cliff Wirz

Section 107

sail

Filed on: -  pyopdose

 

 

Filed by: IPA LAW PLANNING LAWYERS
Service address: ‘Regatta Lake Commercial’ 6 Innovation Parkway Kawana Old 4575
Telephone: 5413 9700
Facsimile: 5493 6037
a
Registrhr

 

 

~ Page 2

Section 108

1     ASSESSMENT MANAGER CON!JrrlONS

Approved Plans
·1.    Development undeitaken in accordance with this approval must gemer-ally comply with the
       approved plans of development. The approved p!ans are prepared by DBI Design Pty ltd
       and are listed in the toliowing table:


               Pian No.---              Rsv.             Plan / Document Name                         Date
       . A-SD-1.100                      G     · Site Plan Level O Basement Level               25 August 2009
            - -   ,.,_"'       "'   -          _ 9?rpark      _     __ ___ _      _
            A-SD-1.101                   G     · Site P!an Level 1 Lower Ground Level          · 25-August 2009 _1
            ·--· - ---·---·--·--··•·-
            A-SD-1.102                   G       site         r!an Ceve-, Ground Eni,y Level
                                                                 2                                2-~ ~l!9_~St 2009 _
            A-SD--1.103                  G       Site Plan Level 3                             __ 2~ .AIJ9~?~ ?_QCl~
           -··--·--···------·· --·"'"
             A-SD-1.104                  G         site rfan Levef 4                           _ 25 August_2009
             A-SD-1.105                  G     : Sfte Plan Level 5                               25 August 2009    -~
           ....A--80-1.106
               __.. _ ____ ·-----"
                   _,
                                         G          Roof Pian Level 5                            25 A~~gust 2009    t

                        4.31
              -·-· -"'·····-·-···              >
                                                    Elevations
                                                   ----·---   ··--·---··---   •



                        4.32                   · Elevations
                        4.33                   · Elevations
                                               '"'···•-·---·-·---···--•-•·-
                        4.34                       Elevations
       and as may be amended by the conditions herein.
G«meral
2,     All relevant conditions of Development Permit 23118 DA and the approved Management
       Plans for the slte shall be complied with prior to the commencement of the approved use,
3.     The units are to be used for short-term accommodation only and shall not be permanently
       occupied or permanently let. The Community Management Statement for any Bodies
       Corporate associated with the accommodation units shall clearly state this requirement
4.     The development must be undertaken and operated in a manner that causes no detrimental
       effect upon the amenity of tile neighbourhood by reason of the creation of excessive noise,
       lighting nuisance or other emissions.
5.     The buildings shall be finished in natural, muted tonest         Architectural renderings
       demonstrating compliance shall be submitted for Council approval prior to the approvai of a
       Development Permit for Operational Works.
6,     Any deck or balcony areas shall not be fu!ly snclosed with shutters, glass panelling or the
       like, thus remaining open structures.
7.     Any rooftop plant or mechanical equipment extending more than 1 metre above the roofline
       shall be screened using lightweight screening materials that visually integ;ate with the
       building design.
8,        Balustrade materials visible from the street frontages shall be clear or transl.ucent.
Amended Plans
9.        Prior to the issue of a Development Permit for Operational Works amended plans shall be
          submitted for Council Approval indicating:
                  The 3rd and 41h storeys of the development shall be amended to remove the
                  encroachment within the 10 metre setback to the Banksia Avenue frontage and at the
                  comer of Serenity Close and Banks!a Avenue.
                  The basement car parking level adjacent the comer of Serenity Close and Banksia
                  Avenue shall be amended to provide a minimum am setback to the frontage to allow for
                  deep plantings to be established.

Section 109

Building Height
'JO.   The finished h9ight of the building, including any rooftop plant or structures, shall not exceed
       15 rnsetr,as above natural and finished gro•jnd levels.
11.    A verification survey of the building is to be carried out by a Licensed Surveyor and a
       certificatt-:i lodged with Council at completion of work co11firming compliance with the
       maximum allowable building height as required by either the conditions of approval or the
       P!ann1r1g Scheme.
Operating lfotirij & Deliveries
       The restaurants and bar are to operate between the hours o"f 6am and 12pm only.
13.     Business deliveries are to be undertaken between the hours of 6am to 7pm Monday to
        Satu;day and 8am to 5pm Sunday only.
14.     Ss:irnice vehicles shall not attend the site outside the hours of 8am to 5pm.
Vegetation
15.     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 approved Settler's Cove
        Management Plans or the cor~duct of the approved use.
16.     The Koa1a and Glossy Black Cockatoo habitat trees identified for retention on plan L--SD-
        ·1.01 (Rev. A) dated August 2009 by DBI Design Pty Ltd sha!i be retained.
17.    The existing Koala and Glossy Black Cockatoo habitat trees and any other trees •,vlthin
       setback and open space areas to be retained must be protected. As b,Jllding works are
       iil<ely to impact the trees' mot zones, a qualified Arborist (having a minimt.im Diploma of
       Arboriculture or ISA certification and a minimum of three years' field experience) must be
       contracted to prepare a lree Management and Protection plan and shall:
        a,   oversee installation of a hard temporary protection zone prior to commencement of
             works with 'no go' signage in accordance with AS 4970-2009. AH site workars must be
             inducted in relation to the tree protection:
        b.   supervise any works within the temporary protection zonia;
        c.   undertake hazard reduction and formative pruning as necessary; &
        d.   provide certification that the trees were protected in accordance with the Arborlst's
             recommendations.
        The Tree Management and Protection Plan Shall be presented prior to or at the pre-start
        meeting for the site.
        The Arborist shall monitor the heaith and structural integrity of the trees to be retained at
        least monthly during the construction period and quarterly for 12 months after construction is
        completed. The developer shall rectify any decline in the health or structural integrity of the
        trees, !11 accordance with the Arborist's recommendations.
18,     Cleared vegetation is to be suitably processed by one of the following methods and removed
        from the site:-
        a.   Re-use for building rnaterials.
        b.   Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
             loose in heaps of less than 1000 cubic metres, fess than 2.5 metres high with a
             minimum of 10 metres between edges of heaps.
        c.   Disposal for firewood.
        d.   Disposal for landscaping purposes.

Section 110

                            e.      Trr~nsport to alternative site f-::r breaking down materials provided that a!i nacessaiy
                                    permits have been obtained to allow the alternate site to be used for tl1ls purpose.
                       The dlsposa! method for clearing works is to be submitted in conjunction with an application
                       for a Development Permit for Operational Work. The ,4.pplicant is advised that other methods
                       may be considered provided full detalls of the method are submitted.
                       Tile Applicant is advised that burning off is an unacceptable method of disposai.
               18A. Vegetation clearing shall not occur prior to the obtaining of operational works approval and
                    buiiding approval and not more than 3 months prior to the cornmencement of wor'r;s approved
                    by the operational works approva! and building approval.


               Fauna Spotte.-
               19.           The Appiicant must confonn to the requirements of the Fauna Management Plan Settler's
                             Cove Development Pty Ltd, May 2005, (or !ater updated and approved versions) a;,d
                             implement part!cuJar!y section 3.4, and s9ctlon 4.2. A fauna spotter sha!! be employed to
                             oversee the removal of any naUve trees within the site. Pdor to feUing or lopping al! trees are
                             to be checked for wl!d!!fe {eg. koalas, cockatoos, possums). !f wildlife species are present,
                             the tree shall not be felled or lopped until the vvlldlife has left the tree,
               Landscaping
               20.           The open space and setback areas are to be !andscaped in accordance with Council's
                             Policy on Landscaping Guidelines and a properly prepared Landscape Pian prepared by a
                             suitably quaiifles Landscape Architect or Horticuituralist. Such landscaping is to be
                             completed prior to the premises being occupied and maintained at all times thereafter. The
                             Landscaping Plan shal! include the following:
                             a, Koala and Glossy Black Cockatoo food trees in accordance with the associated
                                Environmental Protection Authority (EcoAccess) approval conditions for the site anc the
                                approved Settler's Cove Ecological Restoration Plan and Landscape Master Plan.
                             b. Locations of nesting boxes for Glossy Black Cockatoos shall be indicated or, the
                                landscape plans and installed on existing trees to be retained.
                             c. Vegetation VJ adequately screen and provide filtered views of the deveiopment, including
                                as viewed from Seienity C!ose and Banksia Avenue, and shade hardscaped areas, with
                                plantings to include sig:1ificant canopy trees,
                             d. A minimum of tw·enty-tive (25) native trees of a minimum bag size of 400L to replace
                                existing trees to be removed the site's frontage.
                             e. Street trees to the frontage of the site at appropriate centres and to provide shade to any
                                existing pathways.
                             f. Replanting of street trees to median islands with Serenity Close where affected by the
                                development entrance/exit works; and
                             g. Details of any proposed fencing.
                             h, Koala friendly fencing and climbing poles to retaining walis to allow access to food trees
                                and through the slte, where appropriate.
                             L Fencing to exclude koalas from pool areas, escape measures for pools and any other
                                identified koala friendly measures.
               Fencing
               21.            Any fencing provided in conjunction with the development is to be set back at least 1 metre
                              from the road frontage with at !east half of any fence set back 2 metres. Dense landscaping
                              is to be provided between the road frontage and any fencing.


       1~~)'~;-
               Slgnage

                            ,:ny advertising sign or device is to comply with Council's policies on advertising.

(,I!..~    l         , ✓-.. ,...,                                                                                  Page 3of13
      ,,,, 1           \ -,,-:,
'( a: ,                  \ C..~-·
I '

~J?
                          i "·' .

Section 111

23.     Construction signage, including that on hoardin~s and shade cloth but not inciuding statL1tory
        safety signage, shall not exceed a total of 20rn~ for the site. rower cranes shall not includi~
        advertising signage or unnecess~ry !ighting.
Bicycle Parking
24.     Secure bicycle racks shall be provided on site to accommodate a rnlnimum of 28 bicycles.
        The cycie parking rack is k:i be rnade available for customers and staff of the retail premises
        at a!I tirnes during business hours
End--of-Trip Fa<:llities
        End of tdp facilities shall be provided for staff and shall inc!wje:
        a.   a minirnum of eight (15) lockers; fmd
        b.   "' minimum of three maie and three female shower cubicles '.vith ancilla;y change
             rooms.
Atemative Transport
26.     A. shuttle bus with a minimum of 22 seats shai! be provided and operated in conjunction with
        the resort to ferry guests to local destinations to minimise traffic impacts on the local area.
        Details of the proposed operation shall be submitted for Council approval prior to the issue of
        a Development Permit for Opemtlonal Works.
27.     A. rninimum of 10 motor scooters shall be made available for use by resort guests, the
        provision of which may be via a service agreement with a hire company
Energy & Water Efficiency
28.     AH hot water systems installed shaH be either solar systems; electric heat pump systems; or
        gas systems (LPG or natural).
29.     All new kitchen, laund1y and bathroom fittings shall 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), or
        current equivalent standards as may app!y, with toilets to comply with the AAAA Water
        Conse1vation Rating System. Al! new tap ware and shower rcises shall not exceed a
        maximum fiow of 9 litres per min. Dishwashers and washing machines are excluded from
        this requirement.
Community Management Statement Requirements
30.     The Developer and all future owners of the site shall comply with the Environmental
        Management Plan (EMP) for Settlers Cove Development :~3i ·18 DA and compliance with the
        EMP shall be referenced in any community management statement over the site.
3·i     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.
Development Permits
32.     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.
Compliance Bond
33.      Security in the form of a cash bond or trading bank guarantee for the sum of $100,000 must
         be submitted to secure performance of a!I conditions of this approval prior to the issue of a
         Development Permit for Operational Works. The cash bond or trading bank guarantee wm
         be returned on performance of the conditions of approval less any costs incurred by Council
         in respect of enforcing performance of this permit


                                                                                             Page 4 of 13

Section 112

34.    T!1a iequiremants of this development approval aric~ to ba effected, prior to the use of the
       premises. Council ressrvas the right to call upon the bond or guaranteed surn referred to ln
       thls approval to effect compliance with conditions.

                                 8 April 2017
35.    The Deve             Permit for a materia: change cf use lapses if the use has not commenced
       by•~lll'I         , unless an application to extend the currency in accordance with the
       provisions of the Sustainable Planning Act 2009 is approved by Council.
Lot Amalgamation
36.    /-\!I separate, adjoining lots that form part of this appiication shall be amalgamated into one
       undivided allotment in accordance with the Plan of Survey submitted for registration at the
       Land Titles Office. Proof of title being issued for the a!Tia!gamated lot shall be submitted to
       Council prior to the issue of the Deveiopment Perrnlt for Operational WorKs.
Vehicle At-:cess
37.    Vehicular access to the development shall be provided from the Serenity Close frontage of
       the site generally in accordance wm1 the architectural plans prepared by DBI Architecture
       titled Development Application - RF! dated September 2009.
38.    The driveways shall be designed and i::-,anstrt,cted to CouncH's design :standards and to
       grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians
       movements along the footpath without any step or level difference. Should any driveways
       be constructed to grades that do not comply with AS/NZS 2890.1~2004 and AS 2890.2-1989,
       Council \iVil! require that the driveway be removed and reconstructed to levels that do
       compiy.
        Please note, a step betvveen 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 fa!L
39.    To ensure pedestrian safety between vehicles exiting the slte and pedestrians on the
       footpath, the driveway and any associated fencing or vegetation near the driveway shall
       comply with the minimum sight line requirements as defined in AS/NZS 2890, 1, section
       3.2.4. The applicant shall demonstrate compliance by illustrating these sight lines on the
       plans submitted for both Operational Works approvai and Building Works approval.
40.     Ail vehicles shall enter and leave the site in a forward direction.
41.    Vehicle eoress from the basement car park shall be amended to provide an adequate
       turning path for vehicies exiting onto Serenity Close.
42.    The manoeuvring area in the porte cochere area shall provide adequate space for vehicles
       exiting the basement car park to pick up passengers from the Central Facilitie~ building
        entrance
Loading Areas
43.     loading areas sha!I be provided on site generally !n accordance with the architectural plans
        prepared by OBI Architecture titled Development Application - RF! dated September 2009.
Car Parking
44.     Car parking for a m1mmum of 263 cars shall be provided within the site generally in
        accordance with the architectural plane prepared by OB! Architecture titled Development
        Applicatlon - RFI dated September 2009.
45.     A minimum of 80 car spaces shall be made accessible for staff, commercial customer and
        visitor parking and shall not be dedicated for short or long-term residential parking. The
        community management statement for any or a!I bodies corporate having control of the
        resort or any part thereof shall incorporate this condition.

Section 113

46.    A minimum of 28 rnotorcycie spaces (equivaleot to 7 car spaces) shall be provided within the
       site.
47     The car parking area shail be designed to comply with the provisions of AS/N.ZS 2890.1-
       2004 for user c!ass 1a for resident spaces and user class 2 for visitor and function centre
       spaces with allowance for vehicies to enter and !ea,;e the site in a forward gear and with a
       minimum head clearance (headroom) at any point of 2.2m.
48     The proposed turning .areas at each level shall be line-marked with chevrons and have the
       words "No Parking" painted on the pavement. A sign shall also be provided to !nd:cate that
       the area is a "Turning Area Only" and that "No Parking ls Permitted".
49.    A!I car parking shall be kept, maintained and iine-marked !n a condltlon f!t for use.
50.    All staff car park spaces shall be c!eariy defined by line marking each space with the vvords
       "Staff Parking Only" ;:1nd by sign posting each space with a similar ·;.;ordlng.
Vegetation Protection
51.    Vehicular pavements within the drip zone of any of the existlng trees on site to be retained
       shall be designed as a peivious pavement (such as grass paving cells or similar) where
       possible to ai!ow to penetrate to the trees root system. The pavement shall be constructed
       so as riot to damage the tree or tha!r root system and In this regard temporary fencing shall
       be provided around the trees during cormtructlon to help protect them.
52.    Plans shall be submitted to the Council for approval that clearly show the type and extent ot
       the pervlous pavement and the temporary fencing prior to obtaining a Development Permi!,
       for Operational Works.
53.    Where retained tress are located ln areas proposed to filled en slte (or are iocated on
       neighbouring allotments to the actual site to be filled), there will be a need to prevent fill
       material from being placed on the trees mot system. To this end the design of the filling
       works will need to incorporate terracing around the tree or a similar means of ensuring that
       the natural ground level around the trees remains generally the same as existing. These
       measures shall clearly be shown on the plans submitted for Operational Works approval and
       any drainage required to drain these areas shall also be shown on the plans.
Roadworks
54,    Ali modifications to the existing median necessitated by the developmetit shall be designed
       and constructed !11 accordance with Council's Planning Scheme Policy 5 - Engineering
       Design Standards - Rosds, Drainage and Earthworks.
       In this regard a schedule of works, specifications and plans detaiiing this work shall be
       preoared and submitted to Council for approval prior to obtaining a Development Permit for
       Operational Works.
Frontage Works
55.    Footpath improvements such as topsoiling, grassing, and tree planting are required to the
       Serenity Close and Banksia Place frontages of the site ln accordance with Planning Scheme
       Polley PSP03 Landscaping Plants & Guidelines. Grass shall be couch, free of weeds.
56.    All redundant vehicular crossings to the site shall be removed and repiaced by kerb &
       channel, footpath paving and landscaping such as trees and grasses in accordance with
       Council's Standard specifications prior to commencement of the use permitted by this
       permit.
Roof Water & Stormwater Drainage
57.    Roof nmoff from any new building shall be directed to a rainwater storage system or tank
       that Is installed to ensure water from the rainwater storage system or tank is used for
       external uses (such as watering gardens, irrigation, ornamental ponds, water features,
       topping-up swimming pools, outdoor cleaning, etc) and for internal (ground floor) use in
                                                                                      Page 8 of 13

Section 114

       washing machine cokl taps and toilet cisterns. J\ll ra.inwater tanks are to be designed and
       installed ln accordance witri the Queensland Development Code (QDC) current at the time ::if
       building approval, and shall be part of the piurobing application for approval. The k:.ication
       and capacity of the tanks :sha!i be cleariy shown on the plans submitted for Bu:1ding
       Works/Operational Works approval and any overflow shall be dlrected to the stormwatar
       drainage system.
58.    A storrnwater management plan and stormwater managament design must be swbmitted to
       Council for approval prior to obta!nlng a Development Permit for Operational Work;;. The
       stormwater management plan a~d stormwater management design rnust be prepared by a
       RPEQ, specialising in stormwater and water quality management incorpoiating the prindples
       of the relevant approved Management Plans as described in Decision Notice 23118 DA
       The stormwater management plan and stormwater management design must demonstrate
       water reuse strategies, lnfrastmcture capacity and effective treatr:1ent methodo!ogy. The
       use of rainwater harvesting tanks for irrigation purposes shall be incorporated in the overall
       design plans. The following Information is required to be submitted with the storm,vater
       management plan and stormwatc➔r mana9ement design submitted with the appi1cation for
       Operational Works Approval:
       a.   ,<'.\n Audit report which confirms that the stormwater design achieves ail criteria and
            actions specified in Elements D.1 of Settlers Cove Noosa Residential High Density
            Environmenta! Management Plan by wm111 dated 25 July 2007;
       b.   Confirmation from an RPEQ that the sites proposed stormvvater management measures
            wm provide for infiltration Into the sand subgrade without runoff for storms up to a 10
            ;1   ear Average Recurrence Interval;
       c.   The !ocatlon for any required oil and sediment traps; &
       d.   MUSIC model results that demonstrate that the site will achieve the pollutant reduction
            targets required by the Water Sensitive Urban Design Technical Design Guidelines and
            the following water quality criteria:
            L         Tota! nitrogen levels - 0.34 mg/l; &
            ii.       Total phosphorous levels -- 0.035 mg/i.
59.    All stormwater drainage shall be collected on site and discharged so there is no net increase
       in stormwater runoff from the site.
60.    To ensure that polluted run-off does not enter the water table, the adjoining waterways or
       Council's stormwater drainage system, stormwater run-off from the car parking areas and
       the driveways shall have the first flush {the first 12 mm of rainfall or hose-down} co!lected in
       a grease/oil arrestor/gross pollutant trap provided on site prior to being permitted to
       discharge into the larger drainage system.
       All other clean stormwater, such as roof water, can be collected on site and discharged
       through a single underground drain !ine directly into the existing drainage system, bypassing
       the grease/oil arrestor/gross pollutant trap.
       To this ehd, a detailed maintenance plan shall be prepared for the proposed grease/oil
       arrestors/gross pollutant trap, which shall be submitted to the Council for approval prior to
       obtaining a Development Permit for Operational Works.
       The approved maintenance pian 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.
61.   A Development Permit for Building Works shall D.91 be granted until a Development Permit for
      Operational Works has been issued in regard to the drainage schamie.
62.   All site stormwater drainage s~)ali be by means of a gravity system.

                                                                                            Page 7of13

Section 115

63.   All stormvvater drainage lines including iater-allotment drainage shall be inspected by c!vsed
      circuit te!evislon {CCTV) prior to commencement of th1?! approved Use.
      CCTV inspection wm be carried out by Council's CCT\l contractor and arranged by Council
      fo!iowing satisfactory completion of construction works. Th,':! developer wi!I be responsible for
      the full cost of CCTV Inspection, including Emf addftlona1 inspection necessary following defect
      identification and rectification. This charge is payable prior to the Issue of Operational Works
      approval and will be determined on the unit rate basis current at the t!me of approval.
Sewer Mains I Town Water Supply
64.   Retic:u!eted water supply and se;,-ve,age must be provided to the d,~ve!oprnent.
      Constn.ict!cm aethtities must not impede the access of Sunshine Coast Water or Fire Brigade
      personnel to vita! lnffastructure (eg. valves. fire hydrants and sewer access chambers).
66.   The fire-fighting demand on Courn::il's water supply system from the development must not
      exceed 30 litres per second .
      .A sir.gie Council insta!!ed primary water meter must be provided immediately inside the
      property boundary. Additional water meters must be installed for each title of a community title
       or sub~iease schemEt Meters must be Courn::ll approved, insta!fed in accordance with Council
       requirements and remain accessible at ail times for reading and maintenanGe purposes.
68.   Buildings, basements and other structures rnust maintain a minimum clearance of ·1.5 metres
      from Council se·.ver mains, and 1.0 metres from sewer manhole chambers and inspection
      openings.
      Storm water retention systems, gross poilutant traps and bio-retentlon basins must maintain a
      minimum clearance of 1.5 metres from Councii water supply and sewerage infrastructure.
70.   Landscape planting within 1.5 metres of Council sewerage lnfrastmcture must be Council
      approved varieties and low growing when mature.
      The level of the existing sewer manholes must be adjusted to sult the proposed finfshed
      surface levels. VVork must be undertaken by Sun.shine Coast Water at the applicants cost.
72.   Landscape planting within 1.5 metres of Council sewerage infrastructure and 1.0 metres from
      water supply infrastructure must be Councli approved vari;:;ties and low giowing when mature.
73.   Construction works undertaken lr. the vicinity of Council water supply or sewerage
      infrastructure must not adversely affect the integrity of the infrastructure. All costs associated
      with repair, replacement or alteration of infrastructure must be met by the appiicant.
Service Easemen~ (Sewer I Stormwater}
74    A 3.0 metre wide easement must be provided over al! Council sewers located in private
      property that are not covered by an existing easement. A 4.0 metre wide easement must be
      provided over Council sewers greater than 3.0 metres deep {where approved by Council).
      Easements must be located centrally over the main.
75.   A registered easement shall be created over any stormwater drainage pipes within the site that
      collect stormwater from a Council road or corwey stormwater from any adjoining property (for
      examp!e, where drainage pipes are provided within the site to prevent adjacent properties from
      additionai ponding/flooding due to the subject site being filled).
76.   No building or other structure shall be ccnstruc.1:ed or encroach into an easement
Con:l!Jtf·m::th:m Issues
77.   A Traffic Management Plan for the each construction phase of the development shall be
      submitted to and approved by Counc!! at least 5 working days prior to the commencement of
      any Buifdlng works or at least 5 working days prior to the pre-start meeting for Operational
      Works. The Traffic Management Plan shall be referred to the Divisional Councillor for
      comment before approval and shall Include but not be limited to:
                                                                                             Plilge 8of13

Section 116

                                                 Limiting the routes for the heavy vehicles to the major road network and prohibit trie use
                                                 of the loc:a! roads as access to the site,
                                       ...I.I.   indicate provision for on-site and off-slte parking for the required workforce .
                                                 !ndlcate the 1ooat!on of loading and unloading areas.
                                                 indicate the location of any uholding'' areas for heavy vehicles, and
                                       e.        Or,:erating hours.
                                       f.        Maintaining dear pedestrian access around the site at all times.
                        78.            Construction staff shall not park on Serenity Close Oi elsewhere on-street Parking shall either
                                       be cm site, &n adjacent vaec.-;nt site or at a suitable off-site location serviced via a shuttle bus
                        79.            A detaUed t~ondiUon Survey must be carried out on existing struchJres, services! adjacent
                                       buildings and roads prior to any excavation or construction works taking piace en site. If
                                       distress a!ready exists, a photographic survey should be unde11aken, the distress rneasured
                                       and a plan to monitor changes to distress shalt be implemented. Remediation of any damages
                                       caused by construction of this development shall be unde,taken within 3 months of the
                                       completion of suostantia! works for this development.
                        80.            Any sig11lficant dust and dirt accumulating on adjoining buildings as a result of this
                                       development shall be removed at the end of substantial works it requested by the affactad
                                       bodies corporate.
                        Earthworks
                        8•i,           Filling works requked on site shall be carried out in accordance with Council's Planning
                                       Scheme Policy PSP5 -·· Engineering Design Standards, so as not to cause the additional
                                       ponding of water on any adjoining lands or the blockage of, or interference witti, any natural
                                       watercourses,
                        82.            Earthworks carried out on site shall not affect the structural integrity of any of the existing
                                       fences and/or structures and/or lands that border the development site. Fences that are
                                       affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification,
                                       In this regard any fences to be replaced shall be clearly shown on the plans submitted for
                                       Operationai Works approval.
                        83.            Plans and details outlining the extent of earthworks required on site and any trees to be
                                       rataineri shall be submitted to Council for approval prior to obtaining :a Development Permit for
                                       Operationai Works.
                        84.            AH major excavations (including the basements and driveways) shall be shored to prevent
                                       batters extending into areas and vegetation to be retained. All tress to be retained shall be
                                       adequately tagged to Council's satisfaction and enclosed with a barrier fence to the drip line to
                                       prevent damage.
                        Acid Sulfate Soil~
                        85.            As the site Is located below the 20m AHO and above the 5m AHO, any excavation works
                                       consisting of 1OOm3 or greater which extends below 5m AHD must be carried out in
                                       accordance with State Planning Policy 2/02 Planning and Managing Deveiopment Involving
                                       Acid Suifate Solis. In this regard appropriate testing and supporting documentation prepared
                                       by a suitably qualified specialist shall be submitted to Council for approval prior to obtaining a
                                       Development Permit for Operational Works.
                        Site Stability
                        86.             A Geotechnlca! Engineer or similar qualified expert shail assess the soil condition on site,
                                        determine the soil classification, establish whether any measures are required to protect the
                                        stability of adjoining buildings and/or structures and/or land, and make recommendations on
                                        the type of foundation system(s) best suited for the proposed development.               The
                                        recommendations of this report shall be incorporated into the design and construction of the


41   I
     \
                ;£1~{\:.~posed development.
                                   I
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Section 117

Erot..ion and Sediment Contra!
87.   Any person acting on this permit shall prevent eros!on and sediment export from leaving the
      site. Slte control measures such as silt fencing, controlled gravel access to the site and
      controlled dlsposal of waste, will be necessary.
      Plans detailing the rnethods of controlling erosion and sediment are required k) be submitted
      to the Council for approval prlor to obtaining a Development Permit for Operational Works.
Contributh::ms Towards Council !nfrallltru-ctur~
88.   The applicant must pay ccmtrlbutions towards trunk infrastructure in accordance with the
      following Planning Scheme Policies and Council Policies:
      a.    Planning Scheme Policy 12 - Public Open Space Contributions;
      b.    Planning Scheme Policy 13 - Contributions in Lieu of Off Street Parking;
      c.    Piarming Scheme Po!icy 16 -· Sewerage Headworks Contributions;
      d.    Planning Scheme Policy '!7 - Water Supply Headworks Contr;buUons;
      e.    Planning Scheme Poilcy 20 -· Pathway Trunk Network Contributions;
      f.    Cmmci! Policy - Rural Roadworks Contributions; &
      g.    Cour:cil Policy - Master Drainage Contributions.
      For material change of use of premises approvals the contribuUors must be paid prior h:1 the
      commencement of use, for reconfiguring a lot approval contrlbutions must be paid prior to
                       or
      Council approval the plan of subdivision.
      The actual amount of the contribution must be calculated and paid in accordance with the
      Planning Scheme Policies and variations due to indexation current at the time of payment
General
89.   Any Building Fermat Plans (or similar) submitted for Council approval must be accompanied
      by the relevant Community Management Statement (or similar) demonstrating compliance with
      the conditions of this approval.
90.   A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
      specifications for all engineering works that will become Council infrastructure, which shall be
      submitted in conjunction with an application foi a Development Permit for Operational Works.
      In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be
      submitted in conjunction with any application for Operational Works.
91.   Digital detailed designs including drawings, calculations, specifications and a schedule ot
      works, :shall be submitted with any application for a Development Permit for Operational Works
      in respect of roadworks and stormwater drainage works. The design shall be in accordance
      with Council's Planning Scheme Policy PSP05 - Engineering Design Standards - Roads,
      Drainage and Earthworks. To avoid conflict with underground pipes or services, all existing
      and proposed services required by the development shall be shown on the plans.
92.   To facilitate production of As Constructed drawings it is suggested that a!l design drawings are
      submitted In the Asset Design and As Constructed (ADAC) digital format (Guidelines on the
      use of ADAC are available at ~ a u ) .
93.   A construction management plan/strategy to ensure no damage occurs to CouncU services
      shall be prepared by a suitably qualified Registered Professional Engineer and submitted to
      Council In conjunction with any application for Operational Works.
94.   Any damage caused to any public utility duiing the course of construction shall be repaired ti:>
      Council's standards and at no cost to Council.


                                                                                           Pege 10 of13

Section 118

          95.        Any aiteratior. of any public utility or other facilities necessitated by the deveiopment of the
                     land or associated construction works external to the site shall b,1 at no cost to CounciL
          96.        The t.ansportation 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 mat.~riais including dust being windblown from the
                     vehicle.
          97.        As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer
                     for design intent. and a Licensed Surveyor aha!! certify the cadastre and thic:i location, ievel and
                     type of au services and structures. AH of which shall be submitted to Council for checking and
                     for Council's records.
          98.        The data must fully detail levels ·f..:lr all engineering works including but not limited to drainage
                     structures, finished ground !eveis and pavement surface levels. The data shall be submitted in
                     the Asset Design and As Constructed (ADAC) diglta! format (Guidelines on the use of ADAC
                     are available at W\'V'w'.adac.com:..i.lli).
                     Approval of works shall not b,s, granted until au As Constructed information has been supplied
                     and accepted by CounciL
          Refuse
          99.        The developer shall provide waste and recycling storage and disposal facilities in accon:iarica
                     with Planning Scheme Policy No. 9 "Waste Management Multi-Dwellings and Commercial and
                     Industrial Premises The Waste Management Plan of Mark: Rigby and Associates dated
                                          0
                                              •


                     February 2009 is not approved in its entirety. An amended Waste and Recycling Management
                     Plan (Operational) must be submitted for the day-to-day operation of the development and
                     approved by Council's Waste and Resources Management Branch prior to issue of
                     development permit for operational works. The amended plan shall include amongst other
                     things -

                     a.     Further details of the waste and recycling collection area on the south side or Building A.
                            to show:

                            L      Full dimensions of the overall area and its likely increase in size to accommodate
                             t>ie required bins.
                            ii.
                             The number and types of bins stored there.
                             The vehicle movement paths of the different general refuse and recycling vehicles
                            iii.
                             which must comply with the turning circles of AUSTROADS: design single unit
                             truc!<Jbus (12.5m) template. This must allow easy and safe collection for both front
                             and rear loading and allow the required height clearance.
               b.     The nine waste and recycling storage areas throughout the resort and residential
                      buildings and the external waste and recycling collection storage area are all to be
                      provided with their own individual bin washing facilities.
               c,     The waste and rec;ycling storage areas shall include the provision of containers for all
                      waste and recycling materials including putresable matter, non-recycling waste,
                      paper/cardboard, glass, a!ur:1iniumisteel cans, waste oil, styrofoam boxes, etc.
               d.     The proposed separate refuse chutes (general refuse and recyclables) must be provided
                      in accordance with Council's Policy for ''Refuse Chutes and Accessories in Multi Storey
                      Buildings". The recyclable chutes in Buildings A -- C are to be used in the same way as
                      Buildings D - G.
          100, A. Construction Waste Management Plan shall be submitted and approved by CounGil's
                  Waste and Resources MaMgement Branch prior to issue of a development permit for
                  operational works. Waste Management Plans are required to be in accordance with Planning
                  Scheme Policy 11, Waste Management Plans see table below. Waste storage areas are to
 ;~~~,i{~j;:V~j<i:vido for adequate separation of ail reusable, recyclable and waste materials. :::,:::
11
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Section 119

        be located so that they are convenient and safe to use (refer to Noosa C 1)1~ncll VVaste
        Management Gode).
       The Plan shall contain the following information:

       a.        The site area for the storage and separatien of waste is to be shown on the pian
                 drawings accompanying the application.
       b.        A waste management table as indicated below is to tie compieted showing how waste
                 rnaterlal is to be segregated • recycled - reused or disposed.
        MATERIALS ON-SITE                           DEST!Ni\T!ON                                                             I
       _,                                           Re-use and F{ecyciing                             Disposal               i
            Expected waste
            materials
                                    Estimated
                                    vo!un'IG
                                                    On-slte
                                                    "specify p.cposed
                                                                         IOfi:-slte
                                                                          "specify contractor
                                                                                                      ~specify contractor
                                                                                                      and landfill site or
                                    (m")            re-use or on~-slte   !and recycling outlet        other disposal site
                                                    recvdim:i methods I
                                                                                                                         ·-
       I Excavation materiai                                             l
       ! Green waste                            j
                                                J
         Bricks                 I               i
         Concrete
         Timber-please
         specify
         Plasterboard           l
         Metals - please
                                                                                                 ''
                                                                         I
         apacifv                                I                        I                       I
         Asbestos                                                                                i
         Other - please
         specifv
                                             '
                                                I                        I                       Il
       Note * If a demoHtlon C'AJrrcractor is undertaking works, then the Waste Management table is to
       be com latad b the demolition contractor.
       The purpose of the Waste Management Plan Is to facilitate the segregation of waste for the
       effecttve reuse and recycling of such materials. Additionally Council rewards those who
       segregate waste by significantly reducing disposal fees at the landflll some items are free.
       H' her ate fees are char ed for loads of mixed waste.
Trad9 Waste
101.    The drainage system from all business that are likely to discharge trade waste must comply
        with Council's Trade Waste Policy and S,.mshine Water's guide!lnes for accepting trade
        waste into the sewer. AH appropriate trade waste permit and/or agreements must be applied
        for and issued prior to the discharge of any trade waste to the seweL
102.    Noise emission from mechanical equipment shall comply with the following requirements:
            Air-conditioning and Refrigeration
            a.   7am to 10pm: Maximum background+ 5dB(A)
            b.   1Oprn to 7am: Maximum background + 3d8(A)
            Pumps
            c.   7am to 7pm: Maximum background+ 5dB(A)
            d.   7pm to 10pm: Maximum background+ 3dB(A)
            e.   1Opm to 7am: No audible noise.
103.        Written certification from a suitably qualified person shall be submitted confirming that the
            noise levels from all mechanical equipment 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.

                                                                                                               Page 12of13

Section 120

       The assessment and certif!cation is required immediately after installation of the equipment
       and prior ta any occupation of the building, and in a format approved by GounclL All
       equipment should be cperating at trie same time to test the overall noise level created.
       Note: !t is highiy recommended that the person you engage to certify the installation is
       involved at ttie plan development stage so they can recommend where this equipment is
       best located. They can also ach1lse about noise enclosures and can make other suggestions
       to avoid noise problems. it is a ht more costly to try and deal with noise problems after
       everything is built
104.   Noise from building work~ associated with residential development shall comply with the
       following~-
       a.   Limited to b-etween 7:00am to 6:30pm Mor.da.y to Saturday.
       b.   All reasonable measures are taken to m!nin1ise noise emissions.
       c.   Not permitted on Sunday or public ho!ldays.
Gc,mmunication with existing rasidents
105.   The developer shall institute a fort-lightly communication with residents within Serenity Close
       to advise of construction progress and works to be undertaken in the coming fortnight.


106. A monetary contribution of $44,160 ($920 x 48 trees) must be rnade to the Council for
the off-set of 48 koala habitat trees in accordance with the Policy for Offsets for Net Gain of
Koala Habitat in South East Queensland. The monetary contribution must be paid within 1?
months of this approval taking effect pursuant to the Offsets for Net Gain of Koala Habitat in
South East ueensland Polic .




                                                                                           Page 13of13

Section 121

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LOTS
FAFA GWISTO Wraps SUT he)
ALOTITOGe TH, PETE G D497 BT-E Deore

* ORAWN Sw

PROJECT DIRECTOR
PROJECT LEADER

+ CHECKED
+ SCALE +500 @ Al
+ DATE MAY 07

sprosectno.  QT5I115

} . . = : = ‘A + DRAWING NO. . 11
N, , yf fii -. / aS . . OS _

Section 125

   
    
   
 
 
 
 
 
  
 
     
 
     
 
 
 
    
   
 
    

REVISION * : NORTH
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SUNSHINE COAST
REGIONAL COUNCIL

PLANS APPROVED

Signature: ..£.....

 

 

 

 

 

 

 

 

 
 

 
 

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LOTS
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~~
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: ” INVESTMENTS PTY LTD
/ A
—. / : ye 3 BUILDING
| | | S Sr PRECINCT
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A [55125500]

   

+ PROJECT NAME

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|
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SITE PLAN
LEVEL &

LOTS ~S
FLEPATI: GUTTA asng NSM 2A \A-SO-L 1h og
ACTIEDON DE: IVEUIMY B KT ST. Deveers

* DRAWN SW

PROJECT DIRECTOR
PROJECT LEADER

+ SCALE +500 @Al

+ DATE MAY 07

spravectno. 75115
venmer®A-SD-1106 G

+ CHECKED

Section 126

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CAPE BOUVARD

INVESTMENTS PTY LTD

+ PROJECT NAME

SETTLERS COVE

SITE PLAN
LEVEL 5

UBPATH: GAPTSIIS UM avings DWH aite\A 50-115 ding
PLOTTED ON IME: ZSMNUPHHY @ 135247 BT. EDewrert

+ ORAWN SW

PROJECT DIRECTOR

* CHECKED PROJECT LEADER

+ SCALE +500 @ Al
+ DATE MAY 07
sprosectno. 075115

= DRAWING NO. A-SD-1.105 G

Section 127

    
      
 
  
  

REVISION wort

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PLANS APPROVED

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LOT6
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PRECINCT
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> ORAWN sw

PROJECT DIRECTOR
CHECKED PROJECT LEADER

~ SOME 1500 BA)
+ oat MAY 07
sprouctwo. 015115

+ DRAWING NO, A-SD-1106 G

  

Section 128

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lot 14 - 1:500@A3

 
     

SUNSHINE COAST
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PLANS APPROVED
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Date: SIG]. os
Meu # CBAQI7E

    
       

 

Section 129

 

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linted glass

feature wall in glass or steel

 
 
     
       

Date: ...

 

SUNSHINE COAST
REGIONAL COUNCIL

PLANS APPROVED

Signature: mCP

BS =

  

Mery St/oi7s

s O ATs HOT €

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ARGHITEGTURE

on
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Section 130

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Jot 10 - 1:500@A3

 

SUNSHINE COAST
REGIONAL COUNCIL

PLANS APPROVED

Signature: ..... a J

Date: eB PSNI cctssessin
mars # ot /i7G

  

 

 

 

 

Section 131

 

PN OO BR WH 3s

aluminium shutters

rendered masonry

vertical timber detail with cables
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PLANS APPROVED |

    

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ARGHITECTURE

Section 132

LEGEND: EXISTING VEGETATION

 

© 1 x MAIN KOALA TREE
© 4x KOALA TREE TO BE RETAINED

% ~~ 26 x KOALA TREE TO BE REMOVED

A 12x Allocasuarina TREE TO BE RETAINED
+

123 x Allocasuarina TREE TO BE REMOVED

 

 

 

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|

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SETTLERS COVE LOTS 10 & 11
ec]

“BASEMENT MASTERPLAN we
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DRAWN, SG oo
voweee Teneo «|
sens 1500@ Al et
+ DATE AUGUST 2009)
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* DRAWING NO. L- D-2 01 A

Section 133

  

¥

C&B GROUP

   

Project Management
Planning
Environmental Services

Surveying

eee 0 @

Landscape Architecture

 

FAUNA MANAGEMENT PLAN

Settlers Cove, Noosa Heads

Settlers Cove Development Pty Ltd

Date: May 2005

Ref: R79130 (70934)
Author: Justin Watson
BRISBANE

Suite 17c, Level 2, Central Brunswick, Cnr Brunswick & Martin Streets,
Fortitude Valley Queensland 4006

PO Box 611, New Farm Queensland 4005

Telephone: (07) 3852 5455 Facsimile: (07) 3852 5477

E-Mail Address: [email protected]

   
    
 
  
   
  

y

benchmark
ret
Peet

 
 

Section 134

“IMPORTANT NOTE”
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted under the Copyright Act, no part of
this report, its attachments or appendices may be reproduced by any process without the written consent of C&B Consultants Pty Ltd

(“C&B Group”). All enquiries should be directed to C&B Group.

We have prepared this report for the sole purposes of Settlers Cove Development Pty Ltd ("Client") for the specific purpose of providing
a Fauna Management Plan (“Purpose”). This report is strictly limited to the Purpose and the facts and matters stated in it and does not

apply directly or indirectly and will not be used for any other application, purpose, use or matter.

In preparing this report we have made certain assumptions. We have assumed that all information and documents provided to us by the
Client or as a result of a specific request or enquiry were complete, accurate and up-to-date. Where we have obtained information from
a government register or database, we have assumed that the information is accurate. Where an assumption has been made, we have
not made any independent investigations with respect to the matters the subject of that assumption. We are not aware of any reason

why any of the assumptions are incorrect.

This report is presented without the assumption of a duty of care to any other person (other than the Client) (“Third Party”). The report

may not contain sufficient information for the purposes of a Third Party or for other uses. Without the prior written consent of C&B

Group:
a) this report may not be relied on by a Third Party; and
b) C&B Group will not be liable to a Third Party for any loss, damage, liability or claim arising out of or incidental to a Third Party

publishing, using or relying on the facts, content, opinions or subject matter contained in this report.

\f a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report with or without the consent of C&B
Group, C&B Group disclaims all risk and the Third Party assumes all risk and releases and indemnifies and agrees to keep indemnified

C&B Group from any loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.

In this note, a reference to loss and damage includes past and prospective economic loss, loss of profits, damage to property, injury to
any person (including death) costs and expenses incurred in taking measures to prevent, mitigate or rectify any harm, loss of

opportunity, legal costs, compensation, interest and any other direct, indirect, consequential or financial or other loss.

Signed on behalf of
C&B CO! ANTS PTY LTD

 

 

 

 

 

 

 

 

Director . Date

Copy Number ..... © Magiyaae?

Justin Watson PhD

$107 Nature Conservation Regulation 1994 Scientific Purposes Permit WISP00568002

s52 Animal Care & Protection Act 2001 Scientific User/Ethics Approval 0130 & Bribie 58/12/03

 

¥

© C&B Consultants Pty Ltd 2005 C&B GROUP

Section 135

TABLE OF CONTENTS

 

 

  

 

 

 
 
 
 
 
 

 

1.0 ENTRODUCTION ecisnsiccciianncceii vais case sede sud veardeie ieassacindiaies pearedsuseadensgeces 1
1.1 BACKGROUND \ivecatisresuviediheiendiaadaadnandacadiaredadencnidebannadgehsutersnansesbacnaesste
1.2 SITE DESCRIPTION x
1.3 APPROVED DEVELOPMENT vcsssesscsscnssuseussenussensenenseseusssucnsausnases dnadeavvees zZ
1.4 FAUNA MANAGEMENT OBJECTIVES .uccescnessescsescnecevccsesneuscenesseensensensses 2
2.0 SITE ECOLOGY  ssecitisiisinscninnisseiniiaesiinsceaninivesisannesem ane
2.1 PREVIOUS STUDIES

2.2 FLORA ssvsnnsnaayicaanvenssivnsnsraeusaGacasenevadsvan esis ad icadteaasioars pabasacanisaasbiieenbeseisvie
2.3 FAUNA COMMUNITIES

aint KOA distivccenaxvdersacs 4
2.3.2 GIOSSY- BIAGK=COCKEIOO v4.6 cin sacecnrsneniaberdeneneeasletirantrdneade nadahaetp ibarnrs reaeeaneved 4
23:3; WHOA FROQIEE x vecacivsnx vara aviieadeadseees ous aasoiG ban y Asan an REROTSGa Riana aT MRIAaRS BRR TIS 5
2.3.4 CORTON BAUD crs cetnrnct areas ibasentiaapiencaanaadoduriaasbaned aeigid aps ba aden bie sadaaaTTRRE ESS 5
3.0 SITE FAUNA MANAGEMENT. .....ccceccescecceneceuseuseusaneneeeesenpenueeeusenuauneeeurs 6
3.1 INTRODUCTION vccececneerenncccenccncecsneccsenceuseucnsaceeuaueceeccseansessccuusesausssae 6
3.2 PROVISION OF HABITAT AND LINKAGES wiscccsesueesseecscansecssnensnauessanen 6
R24 General Fauna Habitat ..ccccccccccssscesseesessessees

B22 Significant Species Habitat

3.3 SPECIFIED FAUNA MANAGEMENT MEASURES oesecsceessneucsesecncsnenessenenes 8
3.3.1

3:32 GlOSSY BIFCKACOCKALO Os cas vps terdear Aaa verter everevedvens napeeiee vaeay evan ssvaroavae ees espa2iAN? 8
sie WANUARPFOGICC: sasceresrcsarcsasisedrahreaibeddl cechalbasdudattandaade iaredhdees naadaus ubsbedanees a
3.4 PROTECTION OF FAUNA DURING SITE CLEARING & TREE REMOVAL. 9
3.4.1 Identification: of Habitat Trees: wasiscivecsaisstevnets pacidans aettaieiase aondavaaadreaiaedaass
3.4.2 Habitat Tree Removal and Pruning

3.5 PROVISION OF NEST~BOXES vecsssceuseusnseneucceucsensnucecccnsucnusenessecenesenenes
3.6 FENCING weseccecsesecnscnesssneses

3.6.1 Residential Single DWeUIAG, siuwiscesssnisecacesi seeservestersaap isssarsrsssinerseaia nto sanees
3.6.2 Residential HIGH DEASIEY:ivissaicrsacezis sags civ ads sigaa eaves bide racsegariatraniaaeedaiites
4.0 MANAGEMENT PLAN IMPLEMENTATION ....cccccsecsceceseceeearenceeeneeaeeenees 13
4.1 DESIGN ‘STAGE wisasccvcsiesinsisnincadacesicnsiranabantsaapenigiacesbincaaiddsavavenaseeiis 13
4.2 CONSTRUCTION STAGE ccsessecsecsusesecuseneusucucucucusususaueuseusuasussuseusuoeusouss 15
4.3 OPERATIONAL STAGE uiccesscesuccnennsccusccuscucceussesscuccessseeeaasseusseusoeasess 16
4.4 MONITORING

4.4.1 TAEORUCHON sc iasaites tas Meiadsteeide dann Raecdan aes aeaAL Baia RIRRI LOA TareareRURR ARREARS
4.4.2 [BOSTON GS 35 caved ode anviad eandeneon piaeadsausacadeerseascas atacand ao cied eeasbA eta ad aleaaat
4.4.3 Wallum Froglet Habitat and Water QuALItY..cicciccsssseeenseceneesenteserneeeneersenins 18
4.4.4 Maintenance and Monitoring of Ecologically Restored and Landscaped Areas18
5.0 REFERENCES ss ssaissccassacscascisccsaagagaaacncasavackdeseaerecanmesceataemenvighedsensr cones 19

C&B GROUP

Section 136

Figure 1
Figure 2
Figure 3
Figure 4
Figure 5
Figure 6
Figure 7
Figure 8
Figure 9

Annexure 1

Annexure 2

FIGURES

Locality Plan

Aerial Photograph

Vegetation Clearing Plan (Greening Australia)

Habitat and Connections (Environment Science & Service)
Settlers Cove Masterplan

Proposed Site Fauna Habitats

Proposed Koala Habitat

Proposed Glossy Black-Cockatoo Habitat

Proposed Acid Frog Habitat

ANNEXURES

Noosa Shire Council Decision Notice - Summary Fauna
Management
Plant Species Suitable for Fauna Resources

C&B GROUP

The text continues on section 137.

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