Council archive · source document
Decision Notice - Change to an Existing Approval - 010.2006.00000823.003 [As Published] · 132006.823.03
Officer: Kerri Coyle
Direct Telephone: (07) 5449 5223
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2006/823
Your Reference:
27 January 2009
Viridian Noosa Pty Ltd
PO Box 2360
NOOSA HEADS QLD 4567
Dear Madam
Change to an Existing Approval
Integrated Planning Act 1997
I refer to your request to make a change to an existing approval. On 21 January 2009 Council
decided your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 2006/823
Street address: 5 Morwong Drive, Noosa Heads
Real property description: Lot 113 SP 188650
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 15 February 2007 decided to issue the following type of approval:-
Development Permit for Material Change of Use - Visitor Accommodation - Type 4
Conventional (Resort), Entertainment & Dining - Type 1 Food & Beverages (Conference Room
& Restaurant), Retail Business - Type 2 Shop & Salon (Shop), Commercial Business - Type 2
Medical (Health Spa)
In relation to representations, Council on 19 April 2007 decided to:
A. Agree to amend Conditions 5, 20, 35.2, 42.1, 66, 68, 70, 71, 73, 83, 140, 162, 167, 176, 182,
204, 213.2.9, 213.3, 237, 242, 258, 263, 283, 284.3.1, 284.11, 286, 292, 306
B. Agree to delete Condition 42.6
C. Refuse to Change Condition 238 as the location of stockpiles is a normal requirement of
EMP’s and are nominated on erosion & sediment control plans to ensure adequate controls
are considered in the construction planning
D. Refuse to change Condition 212 as requested but agree to amend
E. Issue a Negotiated Decision Notice
In relation to an application to change conditions of the Development Approval Council on 27
February 2008 decided to:
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2006/823
A. Approve the change with the following changes to Conditions 1, 2, 20, 284.3.12, 286, 315 and
Advice Conditions 1 and 2
B. Issue a Compiled Decision Notice
In relation to the request to make a change to the existing approval, Council on 21 January 2009
decided to:
A. Approve a change to Conditions 1, 2, 18 & 20
B. Include an addition condition
C. Include two additional advice conditions
D. Issue a Change to an Existing Approval
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
LAND USE
1. The development permit for Material Change of Use of Premises is issued for an integrated
Resort comprising:
1.1. Visitor Accommodation– Type 4 Conventional (Resort),
1.1.1. Resort residential buildings – 199 Accommodation/Dwelling Units comprising:
1.1.1.1. 5 x 1 bedroom accommodation units and 100 x 1 bedroom dwelling
units;
1.1.1.2. 47 x 2 bedroom dwelling units;
1.1.1.3. 46 x 3 bedroom dwelling units; and
1.1.1.4. 1 x Manager’s Residence comprising a 2 bedroom dwelling unit.
1.1.2. Ancillary resort reception and resort facilities as indicated on the approved
plans.
1.2. Entertainment & Dining – Type 1 Food & Beverages (Conference Room & Restaurant),
1.3. Retail Business – Type 2 Shop & Salon (Shop),
1.4. Commercial Business – Type 2 Medical (Health Spa).
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans as may be amended by these conditions
are prepared by JMA Architects; and dated; and numbered as listed in the following table:
Plan No. Plan Title Version Date
1013-DA-00-01 MASTER PLAN - Valley Master Option 7 4 30/08/2006
1013-DA-00-02 MASTER PLAN - Valley Master CAS 4 30/08/2006
1013-DA-00-03 MASTER PLAN - Valley Aerial 4 30/08/2006
1013-DA-01-01 SITE PLAN - Basement 5 28/11/2006
1013-DA-01-02 SITE PLAN - Level 1 5 28/11/2006
1013-DA-01-03 SITE PLAN - Level 2 5 28/11/2006
1013-DA-01-04 SITE PLAN - Level 3 5 28/11/2006
1013-DA-01-05 SITE PLAN - Penthouses 5 28/11/2006
1013-DA-01-06 SITE PLAN - Proposal Overlay 5 28/11/2006
1013-DA-01-07 SITE PLAN - Amenity Plan 5 28/11/2006
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Plan No. Plan Title Version Date
1013-DA-01-08 SITE PLAN - Height Summary 5 28/11/2006
1013-DA-01-09 SITE PLAN – Carparking Plan 5 28/11/2006
1013-DA-02-01 SITE SECTIONS - Site Sections 1 4 31/08/2006
1013-DA-02-02 SITE SECTIONS - Site Sections 2 4 31/08/2006
1013-DA-02-03 SITE SECTIONS - Site Sections 3 4 31/08/2006
1013-DA-02-04 SITE SECTIONS - Site Sections 4 4 31/08/2006
1013-DA-02-05 SITE SECTIONS - Site Sections 5 4 31/08/2006
1013-DA-03-A-01 A BLOCK - Floor Plans 4 30/08/2006
1013-DA-03-A-02 A BLOCK - Floor Plans 4 30/08/2006
1013-DA-03-A-03 A BLOCK - Area Calculations 4 30/08/2006
1013-DA-03-A-04 A BLOCK - Elevations 4 30/08/2006
1013-DA-03-A-05 A BLOCK - Sections 4 30/08/2006
1013-DA-03-B-01 B BLOCK - Floor Plans 4 30/08/2006
1013-DA-03-B-02 B BLOCK - Area Calculations 4 30/08/2006
1013-DA-03-B-03 B BLOCK - Elevations 4 30/08/2006
1013-DA-03-B-04 B BLOCK - Section 4 30/08/2006
1013-DA-03-C-01 C BLOCK - Floor Plans 4 30/08/2006
1013-DA-03-C-02 C BLOCK - Floor Plans 4 30/08/2006
1013-DA-03-C-03 C BLOCK - Area Calculations 4 30/08/2006
1013-DA-03-C-04 C BLOCK - Elevations 4 30/08/2006
1013-DA-03-C-05 C BLOCK - Section 4 30/08/2006
1013-DA-03-D-01 D BLOCK - Floor Plans 5 29/11/2006
1013-DA-03-D-02 D BLOCK - Floor Plans 5 29/11/2006
1013-DA-03-D-03 D BLOCK - Floor Plans 5 29/11/2006
1013-DA-03-D-04 D BLOCK - Area Calculations 5 29/11/2006
1013-DA-03-D-05 D BLOCK - Area Calculations 5 29/11/2006
1013-DA-03-D-06 D BLOCK - Golden Door 5 29/11/2006
1013-DA-03-D-07 D BLOCK - Elevations 5 29/11/2006
1013-DA-03-D-08 D BLOCK - Elevations 5 29/11/2006
1013-DA-03-D-09 D BLOCK - Sections 5 29/11/2006
As amended by:
PDA1 4/01 BUILDING D – Site Plan 05/11/07
PDA1 4/02 BUILDING D – D Block - Basement 05/11/07
PDA1 4/03 BUILDING D – D Block – First Floor 05/11/07
PDA1 4/04 BUILDING D – D Block – Second Floor 05/11/07
PDA1 4/05 BUILDING D – D Block – Third Floor 05/11/07
PDA1 4/06 BUILDING D – D Block – Penthouses 05/11/07
PDA1 4/07 BUILDING D – Section 2 06/02/08
PDA1 4/08 BUILDING D – Section 3 05/11/07
BUILDING D – Health Spa Wing – First 05/11/07
PDA1 4/09 Level
BUILDING D – Health Spa Wing – Second 05/11/07
PDA1 4/10 Level
BUILDING D – Health Spa Wing – Third 05/11/07
PDA1 4/11 Level
PDA1 4/12 BUILDING D – Unit Type W 05/11/07
PDA1 4/13 BUILDING D – Health Spa 05/11/07
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Plan No. Plan Title Version Date
PDA1 4/14 BUILDING D – Layout 002 05/11/07
1013-DA-03-E-01 E BLOCK - Floor Plans 4 30/08/2006
1013-DA-03-E-02 E BLOCK - Floor Plans 4 30/08/2006
1013-DA-03-E-03 E BLOCK - Area Calculations 4 30/08/2006
1013-DA-03-E-04 E BLOCK - Area Calculations 4 30/08/2006
1013-DA-03-E-05 E BLOCK - Elevations 4 30/08/2006
1013-DA-03-E-06 E BLOCK - Section 4 30/08/2006
1013-DA-03-F-01 F BLOCK - Floor Plans 4 30/08/2006
1013-DA-03-F-02 F BLOCK - Floor Plans 4 30/08/2006
1013-DA-03-F-03 F BLOCK - Area Calculations 4 30/08/2006
1013-DA-03-F-04 F BLOCK - Area Calculations 4 30/08/2006
1013-DA-03-F-05 F BLOCK - Elevations 4 30/08/2006
1013-DA-03-F-06 F BLOCK - Section 4 30/08/2006
1013-DA-03-F-07 F BLOCK - Section 4 30/08/2006
1013-DA-03-G-01 G BLOCK - Floor Plans 5 30/11/2006
1013-DA-03-G-02 G BLOCK - Floor Plans 5 30/11/2006
1013-DA-03-G-03 G BLOCK - Area Calculations 5 30/11/2006
1013-DA-03-G-04 G BLOCK - Section 5 30/11/2006
1013-DA-03-G-05 G BLOCK - Elevations 5 30/11/2006
1013-DA-03-H-01 H BLOCK - Floor Plans 5 30/11/2006
1013-DA-03-H-02 H BLOCK - Floor Plans 5 30/11/2006
1013-DA-03-H-03 H BLOCK - Floor Plans 5 30/11/2006
1013-DA-03-H-04 H BLOCK - Area Calculations 5 30/11/2006
1013-DA-03-H-05 H BLOCK - Section 5 30/11/2006
1013-DA-03-H-06 H BLOCK - Elevations 5 30/11/2006
As amended by:
PDA1 1/1-11 LOFT UNITS – Site Plan 05/11/07
PDA1 1/1-12 LOFT UNITS – Building Plan – Level 2 05/11/07
PDA1 1/1-13 LOFT UNITS – Building Plan – Level 3 05/11/07
PDA1 1/1-14 LOFT UNITS – Section 1 06/02/08
PDA1 1/1-15 LOFT UNITS – Section 4 05/11/07
PDA1 1/1-16 LOFT UNITS – Section b 06/02/08
PDA1 1/1-17 LOFT UNITS – Section f 05/11/07
PDA1 1/1-18 LOFT UNITS – Section e 05/11/07
PDA1 1/1-19 LOFT UNITS – Elevation 3 05/11/07
PDA1 1/1-20 LOFT UNITS – Elevation 4 05/11/07
PDA1 1/1-21 LOFT UNITS – Unit Plans 05/11/07
PDA1 1/1-22 LOFT UNITS – Internal Elevations 05/11/07
PDA1 1/2-01 MANAGERS UNIT – Site Plan 05/11/07
MANAGERS UNIT – Building Plan – Sub 05/11/07
PDA1 1/2-02 Floor
MANAGERS UNIT – Building Plan – 05/11/07
PDA1 1/2-03 Basement
PDA1 1/2-04 MANAGERS UNIT – Section 1 05/11/07
PDA1 1/2-05 MANAGERS UNIT – Section C 05/11/07
PDA1 1/2-06 MANAGERS UNIT – Floor Plan 05/11/07
1013-DA-03-I-01 I BLOCK - Floor Plans 4 30/08/2006
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2006/823
Plan No. Plan Title Version Date
1013-DA-03-I-02 I BLOCK - Floor Plans 4 30/08/2006
1013-DA-03-I-03 I BLOCK - Area Calculations 4 30/08/2006
1013-DA-03-I-04 I BLOCK - Elevations 4 30/08/2006
1013-DA-03-I-05 I BLOCK - Section 4 30/08/2006
As amended by:
PDA1 2/01-01 GAMES ROOM – Site Plan 05/11/07
PDA1 2/01-02 GAMES ROOM – Building Plan 05/11/07
PDA1 2/01-03 GAMES ROOM – Section 6 05/11/07
PDA1 2/01-04 GAMES ROOM – Floor Plan 05/11/07
PDA3 1/7 I BLOCK – Site Plan 17/06/08
PDA4-01 I BLOCK – First Floor 02/09/08
PDA4-02 I BLOCK – Second Floor 02/09/08
PDA4-03 I BLOCK – Third Floor 02/09/08
PDA3 4/7 I BLOCK – Elevation 1-2 17/06/08
PDA3 5/7 I BLOCK – Section B & 3 17/06/08
PDA3 6/7 I BLOCK – Unit 9.318 Plans 17/06/08
PDA3 7/7 I BLOCK – Unit 9.417 Plan 17/06/08
1013-DA-03-J-01 J BLOCK - Floor Plans 4 30/08/2006
1013-DA-03-J-02 J BLOCK - Floor Plans 4 30/08/2006
1013-DA-03-J-03 J BLOCK - Area Calculations 4 30/08/2006
1013-DA-03-J-04 J BLOCK - Elevations 4 30/08/2006
1013-DA-03-J-05 J BLOCK - Section 4 30/08/2006
1013-DA-03-V-01 V BLOCK - Floor Plans 6 2/11/2006
1013-DA-03-V-02 V BLOCK - Area Calculations 5 2/11/2006
1013-DA-03-V-03 V BLOCK - Elevations 5 2/11/2006
1013-DA-03-V-04 V BLOCK - Sections 5 2/11/2006
1013-DA-03-V-05 V BLOCK - Refuse Truck In 5 2/11/2006
1013-DA-03-V-06 V BLOCK - Refuse Truck Out 5 2/11/2006
1013-DA-03-V-07 V BLOCK - Detail Sections for Refuse 5 2/11/2006
1013-DA-03-V-08 V BLOCK – Kitchen plan 5 2/11/2006
1013-DA-03-V-09 V BLOCK – Waste Management Area 5 2/11/2006
As amended by:
PDA1 3/01 BUILDING V - Site Plan 05/11/07
PDA1 3/02 BUILDING V - Lower Level 05/11/07
PDA1 3/03 BUILDING V - Upper Level - Kitchen 05/11/07
PDA1 ¾ BUIDLING V - Upper Level - Conference 05/11/07
PDA1 3/05 BUILDING V – Roof Level 05/11/07
PDA1 3/06 BUILDING V – Section 1 06/02/08
PDA1 3/07 BUILDING V – Section 4 05/11/07
PDA1 3/08 BUILDING V – Section 5 05/11/07
PDA1 3/09 BUILDING V – Section B 05/11/07
PDA1 3/10 BUILDING V – Section C 05/11/07
PDA1 3/11 BUILDING V – Section D 05/11/07
PDA3 1/7 V BLOCK – Site Plan 2/09/08
PDA3 2/7 V BLOCK – Building Plan – Street Level 2/09/08
PDA3 3/7 V BLOCK – Building Plan - Roof 2/09/08
PDA3 4/7 V BLOCK – Elevations 1 & 2 2/09/08
PDA3 5/7 V BLOCK – Elevations 3 & 4 2/09/08
PDA3 6/7 V BLOCK – Section D & 1 2/09/08
PDA3 7/7 V BLOCK – Section 3 & 4 2/09/08
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Plan No. Plan Title Version Date
1013-DA-04-01 UNIT PLANS - Typical Resort Villas 4 30/08/2006
1013-DA-04-02 UNIT PLANS - Typical Resort Villas 4 30/08/2006
1013-DA-04-03 UNIT PLANS - Special Resort Villas 4 30/08/2006
1013-DA-04-04 UNIT PLANS - Special Resort Villas 4 30/08/2006
1013-DA-04-05 UNIT PLANS - Special Resort Villas 4 30/08/2006
1013-DA-04-06 UNIT PLANS - Typical Resort Units 4 30/08/2006
1013-DA-04-07 UNIT PLANS - Special Resort Units 4 30/08/2006
1013-DA-04-08 UNIT PLANS - Special Resort Units 4 30/08/2006
1013-DA-04-09 UNIT PLANS - Special Resort Units 4 30/08/2006
1013-DA-04-10 UNIT PLANS - Resort Apartment 4 30/08/2006
3. The proposed development is to provide a conference facility in accordance with the plans
detailed in the letter dated 7 February 2007 by Viridian Noosa Pty. Ltd. The conference facility
shall be in accordance with the plans numbered ‘a’, ‘b’, ‘c’, and ‘d’ and will provide for the
following:
Plan ‘a’ Super Banquet 1 Banquet Dinner 800 Delegates
Plan ‘b’ Classroom 5-6 classrooms 564 Delegates
Plan ‘c’ Breakout Conferences 6-8 workgroups 890 Delegates
Plan ‘d’ Super Conferences 1 speaker 964 Delegates
The conference facility shall include the 90sq.m multi-media room and theatrette located in ‘D’
Block.
4. The ‘A Block Building’ main wall shall be setback a minimum of 5 metres from the side
boundary. The deck shall be setback a minimum of 2.93 metres from the northern side
boundary, and the associated roof shall be setback a minimum of 2.65 metres with screening
vegetation provided between Building A and the adjacent southern buildings located on Lot 13
on SP151409 to the satisfaction of the Manager of Land Use. The vegetation screening to be
established in this area shall ensure visual privacy is provided to the adjoining villas, and
filtered vegetation screening is provided to Building A from Main Beach.
5. Buildings A, B, C, E, F (except for 1 garage which shall be 2 degrees), J, V (restaurant outdoor
dining area) on site shall incorporate a minimum roof pitch of 5 degrees. Amended plans
detailing any variations to roof levels resulting from this condition shall include amended
building heights and shall be submitted to Council and be to the reasonable satisfaction of the
Manager Land Use prior to the issue of a Development Permit for Building Works.
6. 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.
7. 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
qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to
the premises being occupied and maintained at all times thereafter.
8. Existing trees on the site and within road reserves are to be retained, except where required to
be removed due to building operations or the conduct of the approved use. These landscape
plans required to be submitted are to denote areas of existing vegetation or existing trees
proposed/required to be retained.
9. Cleared vegetation is to be suitably processed by the following method on site:-
9.1. Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
loose in heaps less than 2.5 metres high with a minimum of 10 metres between edges
of heaps;
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2006/823
9.2. Utilised for on site landscaping and stabilisation purposes;
9.3. The Applicant is advised that burning off is an unacceptable method of disposal.
10. Any advertising sign or device is to comply with Council's policies on advertising.
11. Secure bicycle racks shall be provided on site to accommodate a minimum of 20 bicycles.
The proposed bicycle racks shall be designed in accordance with Australian Standards. The
racks shall be identified on the landscaping plans and shall be located to the reasonable
satisfaction of the Manager, Land Use.
12. 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.
13. The proposed development shall have all kitchen, laundry and bathroom fittings that comply
with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water
Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and
Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating
System. All 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.
14. Security in the form of a cash bond or trading bank guarantee to the sum of $1,000,000 must
be submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for Operational works. The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit.
15. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
16. The Development Permit for a material change of use of premises lapses if the use has not
happened by 15 February 2011, unless an application to extend the currency is approved by
Council.
17. The developer must obtain all of the other Development Permits referred to in the Decision
Notice including all retaining wall construction, prior to obtaining a Development Permit for
Building Works.
18. Roof runoff shall be directed to a rainwater storage system or tank to buildings as nominated
on the approved plans (minimum storage 3000 litres per villa for Blocks A, B, C, E, F, & J
containing 39 resort villas, and for Blocks D, G, H, & I which contain 160 units provide
2
minimum storage based on 12 litres/m of total roof area) that is plumbed to service the toilets
and landscaping. The design of the rainwater storage system where above ground and in
external tanks shall be earthy colours and designed to the satisfaction of the Manager –
Plumbing Services.
19. All of the Conditions are integral to and non-severable from the development approval. In the
interpretation of these Conditions or the exercise of any discretion by the Council or its
officers, the overriding consideration shall be to ensure that the visual and environmental
impact of the Development on the Site is minimal and to enhance and maintain the
Environmental Values of the Site.
Development Parameters
20. The Development shall be undertaken strictly in accordance with the development parameters
specified below, except where otherwise specified in these conditions:
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A Block
Development Parameter Required Standard
Building Height (Storeys) 3 storeys maximum
Building Height not to exceed RL 47.3
Site Cover not to exceed the site cover for Block A as
shown on the Approved Plans
Gross Floor Area not to exceed the gross floor area for Block
A as shown on the Approved Plan
Building Colours external colours as specified in these
conditions will be selected to integrate with
the colours of the natural environment
Building Materials colorbond roofs, aluminium window frames,
lightweight external wall cladding, non-
reflective window glass and masonry
elements in the base, timber or metal posts
and handrails
B Block
Development Parameter Required Standard
Building Height (Storeys) 2 Storeys maximum
Building Height not to exceed RL 49.0
Site Cover not to exceed the site cover Block B as
shown on the Approved Plans
Gross Floor Area not to exceed the gross floor area for Block
B as shown on the Approved Plans
Building Colours External colours as specified in these
conditions will be selected to integrate with
the colours of the natural environment
Building Materials colorbond roofs, aluminium window frames,
lightweight external wall cladding, non-
reflective window glass and masonry
elements in the base, timber or metal posts
and handrails
Configuration of Units 3 x 3 Bedroom Units
C Block
Development Parameter Required Standard
Building Height (Storeys) 3 storeys maximum
Building Height not to exceed RL 51.0
Site Cover not to exceed the site cover for Block C as
shown on the Approved Plans
Gross Floor Area not to exceed the gross floor area for Block
C as shown on the Approved Plans
Building Colours external colours as specified in these
conditions will vary between buildings and
also within each building
Building Materials colorbond roofs, aluminium window frames,
lightweight external wall cladding, non-
reflective window glass and masonry
elements in the base, timber or metal posts
and handrails
Configuration of Units 8 x 4 Bedroom Units
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D Block
Development Parameter Required Standard
Building Height (Storeys) 4 storeys maximum
Building Height not to exceed RL 53.5
Site Cover not to exceed the site cover for D Block as
shown on the Approved Plans
Gross Floor Area not to exceed the gross floor area for D
Block as shown on the Approved Plans
Building Colours external colours as specified in these
conditions will be selected to integrate with
the colours of the natural environment
Building Materials colorbond roofs, aluminium window frames,
predominately concrete slab on ground
with masonry construction with render
texture finish
Configuration of Units 8 x 3 Bedroom Units
8 x 2 Bedroom Units
E Block
Development Parameter Required Standard
Building Height (Storeys) 2 storeys maximum
3 storeys for Unit 5108e
Building Height Unit 1 not to exceed RL 60.7
Unit 2 not to exceed RL 60.3
Unit 3 not to exceed RL 59.8
Unit 4 not to exceed RL 59.3
Unit 5 not to exceed RL 58.8
Unit 6 not to exceed RL 58.3
Unit 7 not to exceed RL 58.1
Unit 8 not to exceed RL 58.7
Site Cover not to exceed the site cover for E Block as
shown on the Approved Plans
Gross Floor Area not to exceed the gross floor area for E
Block as shown on the Approved Plans
Building Colours external colours as specified in these
conditions will be selected to integrate with
the colours of the natural environment
Building Materials colorbond roofs, aluminium window frames,
lightweight external wall cladding, non-
reflective window glass and masonry
elements in the base, timber or metal posts
and handrails
Configuration of Units 8 Units comprising
7 x 3 Bedroom units
1 x 4 Bedroom unit
F Block
Development Parameter Required Standard
Building Height (Storeys) 2 storeys maximum
3 Storeys for units 6-108g and 6-1089f
Building Height Units 1 & 2 not to exceed RL 49.3
Units 3-5 not to exceed RL 50.8
Units 6 & 7 not to exceed RL 51.1
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Development Parameter Required Standard
Unit 8 not to exceed RL 54.8
Unit 9 not to exceed RL 55.3
Site Cover not to exceed the site cover for F Block as
shown on the Approved Plans
Gross Floor Area not to exceed the gross floor area for F
Block as shown on the Approved Plans
Building Colours external colours as specified in these
conditions will be selected to integrate with
the colours of the natural environment
Building Materials colorbond roofs, aluminium window frames,
lightweight external wall cladding, non-
reflective window glass and masonry
elements in the base, timber or metal posts
and handrails
Configuration of Units 9 Units Comprising:
2 x 2 Bedroom Units
7 x 3 Bedroom Units
G Block
Development Parameter Required Standard
Building Height (Storeys) 4 storeys maximum
Building Height not to exceed RL 53.7
Site Cover not to exceed the site cover for G Block as
shown on the Approved Plans
Gross Floor Area not to exceed the gross floor area for G
Block as shown on the Approved Plans
Building Colours external colours as specified in these
conditions will be selected to integrate with
the colours of the natural environment
Building Materials colorbond roofs, aluminium window frames,
predominately concrete slab on ground
with masonry construction with render
texture finish
Configuration of Units 62 Units Comprising
16 x 2 Bedroom units
46 x 1 Bedroom units
H Block
Development Parameter Required Standard
Building Height (Storeys) 5 storeys in part maximum
Building Height not to exceed RL 48.5
Site Cover not to exceed the site cover for H Block as
shown on the Approved Plans
Gross Floor Area not to exceed the gross floor area for H
Block as shown on the Approved Plans
Building Colours external colours as specified in these
conditions will be selected to integrate with
the colours of the natural environment
Building Materials colorbond roofs, aluminium window frames,
predominately concrete slab on ground
with masonry construction with render
texture finish
Configuration of Units 31 Units Comprising (30 Units)
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2006/823
Development Parameter Required Standard
19 x 1 Bedroom units
11 x 2 Bedroom units
1 x Manager’s Accommodation
I Block
Development Parameter Required Standard
Building Height (Storeys) 3 storeys maximum
Building Height not to exceed RL 39.0
Site Cover not to exceed the site cover for I Block as
shown on the Approved Plans
Gross Floor Area not to exceed the gross floor area for I
Block as shown on the Approved Plans
Building Colours external colours as specified in these
conditions will be selected to integrate with
the colours of the natural environment
Building Materials colorbond roofs, aluminium window frames,
predominately concrete slab on ground
with masonry construction with render
texture finish
Configuration of Units 51 Units comprising
5 x 1 Bedroom Accommodation Units and
35 x 1 Bedroom Dwelling Units
10 x 2 Bedroom Units
1 x 3 Bedroom Units
J Block
Development Parameter Required Standard
Building Height (Storeys) 3 storeys maximum
Building Height not to exceed RL 38.0
Site Cover not to exceed the site cover for J Block as
shown on the Approved Plans
Gross Floor Area not to exceed the gross floor area for J
Block as shown on the Approved Plans
Building Colours external colours as specified in these
conditions will be selected to integrate with
the colours of the natural environment
Building Materials colorbond roofs, aluminium window frames,
lightweight external wall cladding, non-
reflective window glass and masonry
elements in the base, timber or metal posts
and handrails
Configuration of Units 7 Units comprising
1 x 3 bedroom unit
6 x 4 bedroom units
V Block
Development Parameter Required Standard
Building Height (Storeys) 2 storeys maximum
Building Height
not to exceed RL 41.3
Site Cover not to exceed the site cover for V Block as
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Development Parameter Required Standard
shown on the Approved Plans
Gross Floor Area not to exceed the gross floor area for V
Block as shown on the Approved Plans
Building Colours external colours as specified in these
conditions will be selected to integrate with
the colours of the natural environment
Building Materials colorbond roofs, aluminium window frames,
predominately concrete slab on ground
with masonry construction with render
texture finish
The abovementioned development parameters shall be contained in the community
management statement of any or all relevant bodies corporate having control of any part of the
Site.
Building heights above shall be measured to exclude any variation resulting from the
requirements of Condition 5.
The range of building materials above are indicative with the intents that Blocks A, B, C, E, F &
J are to be of light-weight material construction whereas the other blocks include masonry with
light-weight infill as required.
Buffer to Intermittent Creek
21. Building I, Building H and Building G, and Building F and associated decks, eaves and
balconies must be located at least 10 metres measured horizontally from the centre line of the
intermittent creek.
22. Site rehabilitation along the intermittent creek shall be extended beyond the boundary of the
Resort Private Open Space Area in the vicinity of the Intermittent Creek to between the
Buildings I, H, G, and F and along the setback from the intermittent creek to the Building G
and Building I, except where the ornamental pool is located.
Resort
23. The Resort (comprising the Restaurant and Conference Room Facility Building V, Health Spa,
Resort Accommodation Buildings (dwelling units & accommodation units), Reception Area and
Shop) shall be operated and maintained as a Resort. The accommodation in the Resort will
not be used for the purpose of permanent residential accommodation, with the exception of
the Manager’s Accommodation. The resort shall operate in accordance with the defined use
of ‘Visitor Accommodation - Type 4 Conventional’ in the Noosa Plan which provides for short
term visitor accommodation. The community management statement for any or all bodies
corporate having control of the Resort or any part thereof shall incorporate this condition.
Colours
24. The colours of the buildings on Site shall be muted tones of browns, greens and greys
selected from the following colour palette:
Roofs (Colorbond) Walls Balcony Ceilings
Woodland Grey Spotted Gum Palette as included in Woodland Grey or charcoal for
the application, with ‘jma white’ not Buildings A, B, C, D, E, J on
to be visible from outside the site. north and western sides.
The Manager – Land Use may agree to a variation of the colour palette where such variation
is complimentary to and reflects the natural environment within which a building is situated.
Buildings
25. The following requirements apply to the Resort Restaurant and Conference Facilities Building:
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25.1. No temporary or permanent structures are to be erected on the outside deck including
marquees, but not including temporary umbrellas that are not joined and not exceeding
2
9m in area, or lightweight retractable awnings in subdued colours.
25.2. The western boundary of the restaurant/ conference room deck shall have acoustic
louvre screening installed as indicated on the approved plans.
26. The following requirements apply to the Resort Residential Buildings I, H, G, and F:
26.1. Lighting to the outside balconies shall be hooded and directed downwards so as to
minimise any adverse effects of glare or direct light nuisance on Lot 27, and to reduce
the impact on wildlife in the intermittent creek private open space area.
26.2. The pool located between Building I and Building H shall be for ornamental purposes
only.
27. The following requirements apply to the Resort Residential Buildings:
27.1. There are to be no rooftop terraces, spas or barbeques on the roof of any buildings on
the Site.
Architectural Parameters
28. The architectural parameters specified in these conditions are to be strictly applied to the
Development on Site.
29. All buildings shall be stepped and terraced in horizontal and vertical planes as indicated on
approved plans.
30. Any deck or balcony areas are not to be enclosed with fixed shutters, glass panelling or the
like, thus remaining as open structures with balustrades, except as shown on the approved
plans for Building V where fixed louvre blades are provided on the western side. Any
sunscreens or privacy screens are to be retractable so as not to permanently enclose these
areas. The villas shall have at least 2 sides of the deck open with balustrades only provided.
All deck areas are to remain open when not in use.
31. All building construction and materials shall have regard to the objective of providing
lightweight buildings and causing minimal impact on visual amenity or the environmental
values of the site, except where otherwise specified in the approved plans or in these
conditions.
32. The roof shapes and forms shall be in accordance with the approved plans as amended by
these conditions or as otherwise agreed by the Manager – Land Use.
33. The orientation and location of the buildings shall be in accordance with the approved plans.
34. The architectural treatments (eg decks, shutters, roof overhangs, pitch of roofs, windows,
façade treatment, articulation of buildings and roofs, roof form, orientation, fenestration) shall
be undertaken in accordance with the approved plans as amended by these Conditions or as
otherwise agreed by the Manager – Land Use.
35. The developer shall submit full colour western elevation plans for Building I detailing:
35.1 The visual break up of the western building facade by incorporating different
complimentary colours, textures, and building materials.
35.2 The plans shall be submitted to Council and be to the reasonable satisfaction of the
Manager Land Use prior to the issue of a Development Permit for Building Works.
36. The Manager – Land Use may agree to a variation or dispensation of any of the architectural
parameters where such variation or dispensation is reasonable having regard to the effect of
building design in accordance with the Architectural Sketch Drawings or such variation or
dispensation makes provision for passive solar design. The Manager - Land Use will act
reasonably in making this decision.
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37. The high level pool located to the east of Building B as indicated on the approved plans shall
utilise stone cladding on the visible side of the retaining walls and pool retaining wall. The
stone shall be of the colour of the local rock and of a subdued colour. Vegetation shall be
used to effectively screen the retaining walls in this area.
38. No shade structures or gazebo shall be erected in the vicinity of the high level pool and
lookout located to the east of Building B. Temporary umbrellas used in this area shall be of
dark colours.
Energy Efficiency and Ecological Sustainability
39. All hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural) or combination of the above, unless not suitable in areas for the
preparation of food for the restaurant.
40. The Developer shall incorporate the principles and practices of renewable energy, energy
efficiency and ecological sustainability in the design, construction and operation of the
Development. The Developer shall submit a report prepared by a suitably qualified consultant
experienced in energy efficiency design for approval by the Manager - Land Use prior to
lodgement of each application for building works addressing how the issues included in these
conditions and the principles and practices of energy efficient design and renewable energy
are incorporated in the design of the buildings. In undertaking the design of all buildings, the
Developer shall include:
40.1. the use of energy efficient design techniques in the construction of the building;
40.2. the installation of energy efficient hot water systems (solar and gas booster, or electric
heat pump);
40.3. solar or gas energy for the heating of swimming pools;
40.4. the use of low energy bulbs;
40.5. model energy consumption requirements of the building and its services including
passive solar design and how industry best practice energy consumption standards can
be achieved;
40.6. the use of passive solar building design;
40.7. the use of cross ventilation and insulation to reduce/eliminate the need for air-
conditioning and the use of in ground heat exchange systems for air-conditioning;
40.8. the use of appropriate building materials, where possible, to provide the most effective,
“thermal mass” and insulation to reduce heating and cooling costs, controlling solar
access to thermal mass using overhangs and shading/screens with unshaded external
thermal mass to be avoided. The use of lightweight building materials is to be
maximised wherever practical;
40.9. the use of adjustable or hinged/sliding screens to balance views versus sunlight access;
40.10.the use of natural ventilation of basement car parking;
40.11.the use of energy efficient pumps for roof water systems;
40.12.the use of window openings to optimise available natural light;
40.13.the location of solar panels in a manner that does not result in reflection or an
appearance that adversely affects the visual amenity of the Site or the architectural
theme of the buildings;
40.14.the installation of site water re-use tanks as required in these conditions;
40.15.the use of spectrally selective and / or low emissivity glass shall be incorporated where
appropriate in the detailed design, so as to reduce heat transmission to and from
buildings.
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41. In addition to applying the principles of ecological sustainability to the design and construction
of operational works and building works, the Developer shall specifically:-
41.1. prepare and implement the environmental management plan;
41.2. perform the sedimentation and erosion measures;
41.3. install the barrier fencing to protect vegetation and habitat;
41.4. maintain rehabilitation works at the expiry of the existing site rehabilitation maintenance
period for relevant areas within Lot 888 on SP186498;
41.5. undertake the landscaping works;
41.6. create the desired habitat in the freshwater habitat pond on the western edge of the
Site;
41.7. undertake the site decontamination works as proposed with relocation of this material
off- site if necessary;
41.8. as required by these Conditions.
42. In establishing and operating the Development, the Developer shall include:
42.1. an estimation of the energy requirements of the on-site uses, and an estimate of the
percentage of this that can be provided from renewable energy sources generated on-
site (preferably a minimum of 2%);
42.2. the use of low energy bulbs in street lighting and lighting for internal pathways and
walkways is to be solar powered, where possible. Security lighting is to operate by
movement sensors to lights in areas that are infrequently used or are used for only short
periods;
42.3. installation of energy efficient hot water systems (solar and gas booster; or electric heat
pump) having at least a 3.5 star energy efficient rating, and solar or gas energy for the
heating of swimming pools;
42.4. the use of appliances having the lowest energy rating, including but not limited to,
shower roses, light fittings, heaters, refrigerators, microwave ovens and clothes driers;
42.5. any buggies associated with the operation of the Resort are to be electrical or gas
powered;
42.6. Deleted;
42.7. the installation of power saving devices in the development;
The Developer shall submit a report for approval by the Manager – Land Use prior to the
commencement of use which demonstrates how the issues specified in this condition have
been incorporated into the operational phase of the Development.
43. In establishing and operating the Development, the Developer shall provide:
43.1. staff and guest education programs to encourage participation in energy use reduction
activities in the Resort;
43.2. for the encouragement of guests of the Resort to walk or cycle in preference to the use
of vehicles to be achieved by the construction of pedestrian walkways and provision of
bicycles for use by guests of the Resort.
Staging
44. The construction of the Resort components shall not be staged.
Lighting
45. The Development must meet the lighting design requirements contained in:
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45.1. Electricity Act 1994 (Qld);
45.2. Electricity Regulation 1994 (Qld);
45.3. Workplace Health and Safety Act 1995 (Qld);
45.4. Environment Protection Regulation 1998;
45.5. Council’s Local Laws;
45.6. Energex URD Guidelines and general requirements;
45.7. Building Code of Australia;
45.8. Australian Standards AS 3000 - Wiring Rules;
45.9. Australian Standards AS 1158 – The lighting of urban roads and other public
thoroughfares; and
45.10.Australian Standards AS 4282 – Control of obtrusive effects of outdoor lighting.
46. The level of illumination, at a distance of 1.5 metres outside the boundary of the site, resulting
from direct, reflected or other incidental light emanating from the site shall not exceed eight lux
measured at any level upwards from ground level.
47. Lighting on Alma Way shall be hooded and directed downwards so as to minimise any
adverse effects of glare or direct light nuisance on all adjacent allotments, but must achieve a
minimum level of illumination consistent with the safety of pedestrians and vehicles.
48. Lighting to Public Walkways and pedestrian /buggy paths, where required, is to be low level
bollard type lighting, down lighting or foot lights that achieve the minimum of illumination and
light spillage consistent with safety for pedestrians and vehicles. The Public Walkways must
only be lit between Morwong Drive and the Building E & F.
49. Lighting to the Resort Building V is to be directed downwards to minimise any adverse effects
of glare or direct light nuisance on all adjacent allotments.
50. Lighting of the Resort Dwelling Units and Accommodation Units and Restaurant is to be
screened or shielded from any outward projection to the downwards angle so that the light
source is not seen from outside the Site. Security lighting (such as floodlighting), driveway
lighting, landscape lighting and lighting of the grounds are to be screened from any horizontal
or downwards projection beyond the angle needed to allow coverage only of the ground within
each allotment and so as predominately not to be seen from outside the Site.
Water
51. Sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to
enter or be placed where it could reasonably be expected to move into a roadside gutter,
stormwater drain or a water course.
52. The Developer is advised that in accordance with the Environmental Protection Act 1994 all
waste water from any excavations or de-watering activities must be treated to remove
suspended solids (<50mg/L) and maintain the pH within an acceptable range of 6.5-8.5 to
ensure contaminants are not released. The appropriate monitoring of any waste water
discharges shall be undertaken by the Developer.
Protection of Visual and Aesthetic Values
53. The Landscape Management Report, the Site Rehabilitation Plan, the Environmental
Management Plan and the Construction Management Plan shall specify the manner in which
the visual and aesthetic values of the site and the adjoining National Park will be protected
and enhanced and the manner in which buildings, roads and pathways will be visually
screened and visually integrated into the landscape..
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54. Only minor pruning will be permitted of existing tree branches protruding beyond the 10m
setback line under the supervision of the site arborist. The degree of pruning required will be
submitted for approval in conjunction with an application for operational works.
55. No earthworks (fill or cut or earth-spill) shall occur within the 10m intermittent creek setback
line.
56. Retaining walls are to be designed and constructed to provide bridging footing structures as
necessary to avoid root damage to retained trees.
57. Upper level pool and lookout earthworks are to be minimal in scale and extent and localised to
the footprint of the immediate construction. The pool is to be a maximum of 12m long by 4 in
size. Earthworks are to be temporarily screened from Hastings Street utilising black or dark
green shade cloth or equivalent material until construction work in this area is fully stabilised.
Disturbed soil in this area is to be fully stabilised within 10 business days of initial disturbance
with either a temporary or permanent treatment.
58. The fence colour of the upper level pool located to the east of Building B shall be non
reflective and charcoal/ woodland grey in colour. The retaining wall for the pool is to be clad in
dark coloured rock, with native plantings located in front of it to provide screening.
59. No shade structures or gazebo shall be erected at the lookout or upper level pool behind
Building B. Only black, dark brown or navy blue coloured umbrellas shall be used in the
vicinity of this pool.
60. Trees to be removed shall be in accordance with the approved plans.
61. Disturbance of the upper eastern area of the site to construct the boulder gabion walls shall
minimise the disturbance to existing native trees and their roots wherever possible. Suitable
techniques will be utilised to minimise disturbance and damage to this area. Rocks utilised will
be grey in colour, with non-reflective wire cages.
Environmental Management Plan
Preparation
62. An environmental management plan (EMP) for the Site shall be prepared and implemented by
persons holding appropriate environmental and construction engineering qualifications and
proven expertise in the preparation and implementation of EMPs, to ensure that the impact on
the environment of the carrying out of the Development is minimised, the Environmental
Values of the Site are protected and enhanced and the Development is ecologically
sustainable.
63. The EMP shall document in detail how compliance with the Conditions is to be achieved.
64. The EMP shall demonstrate a high level of environmental care and responsibility and be
consistent with best practice for developments of this type in similar environments.
65. The EMP shall detail the Developer’s environmental policy and the proposed environmental
management system for the Site.
66. The EMP shall specify to the reasonable satisfaction of the Manager – Land Development:
66.1 The performance targets, including those derived from the Conditions and other
requirements arising from legislation and other approvals;
66.2 how the performance targets are to be achieved;
66.3 who is responsible;
66.4 when the performance targets will be satisfied;
66.5 how performance will be monitored;
66.6 reporting arrangements;
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66.7 auditing arrangements;
66.8 how the requirements are to be incorporated into construction and works contracts;
66.9 how the Developer’s employees, contractors and the contractor’s employees will be
informed and trained with respect to the environmental protection requirements;
66.10 enforcement; and
66.11 penalties for non-compliance.
67. The EMP shall include a construction management plan for the Development prepared for the
Site by a suitably qualified consultant. This construction management plan shall be specific
for the resort construction and shall address the following issues to the reasonable satisfaction
of the Manager – Land Development:
67.1. construction staging and timing;
67.2. access and construction vehicle parking and traffic management;
67.3. water quality protection;
67.4. vegetation management & protection of vulnerable plant species;
67.5. fauna habitat and fauna corridor management;
67.6. environmental management in accordance with the Conditions and the EMP;
67.7. environmental protection requirements to be specified in all construction, rehabilitation,
landscaping and works contracts;
67.8. environmental safeguards and contingency plans to deal with accidental events and
acts of god (ie floods, landslides etc);
67.9. ensure that disturbed areas are confined to development areas and shall not encroach
into the 10 metre setback to the creek (including stockpiling and temporary works);
67.10.safety;
67.11.responsibilities;
67.12.induction and training, including environmental protection requirements;
67.13.staged sediment and erosion control;
67.14.work hours;
67.15.legislative compliance;
67.16.geotechnical requirements including stability of the Site;
67.17.aquatic ecosystem protection;
67.18.air, noise and vibration management;
67.19.vehicle wash down requirements;
67.20.on-site machinery and vehicle storage;
67.21.vehicle and machinery maintenance;
67.22.on-site storage of excavated materials;
67.23.on-site storage of topsoil, mulch and other landscaping supplies;
67.24.storage and handling of dangerous goods on site;
67.25.on-site storage of construction materials;
67.26.bushfire prevention in accordance with the Fire Management Plan;
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67.27.weed and pest control;
67.28.waste management;
67.29.prevention of spills and emergency response;
67.30.soil contamination;
67.31.groundwater protection;
67.32.visual amenity protection;
67.33.cultural heritage management;
67.34.monitoring requirements;
67.35.identification of incidents and failures;
67.36.corrective action and contingency measures;
67.37.community liaison;
67.38.audit and review procedures.
68. The EMP shall include an operational management plan for the Development prepared for the
Site by a suitably qualified consultant. This operational management plan shall be specific for
the resort and shall address the following issues to the reasonable satisfaction of the Manager
– Land Development:
68.1 soil erosion and sediment control;
68.2 geotechnical requirements including long term stability of the Site;
68.3 air, noise and vibration management;
68.4 traffic management including traffic generation, egress and access;
68.5 groundwater protection;
68.6 vegetation protection;
68.7 protection of vulnerable plant species;
68.8 fauna, fauna habitat and fauna corridor protection;
68.9 aquatic ecosystems protection;
68.10 on-site vehicle storage and machinery maintenance;
68.11 storage and handling of dangerous goods on site;
68.12 bushfire prevention and control in accordance with the Fire Management Plan;
68.13 weed and pest control;
68.14 water quality protection;
68.15 waste management;
68.16 prevention of spills and emergency response;
68.17 visual amenity protection;
68.18 monitoring requirements;
68.19 identification of incidents and failures;
68.20 corrective action and contingency measures;
68.21 audit and review.
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Approval
69. The EMP shall be submitted for approval to Council in conjunction with an application for
Operational Works for the Site.
70. The Developer shall not commence any development on Site until the EMP – Construction
Management Plan is approved by the Manager – Land Development; and the Developer shall
not commence any building work on Site until the EMP – Operational Management Plan is
approved by the Manager – Land Development. The approval of the Manager - Land
Development is not to be unreasonably withheld.
71. The Developer may amend the construction management plan only with the prior written
approval of the Manager – Land Development, which is not to be unreasonably withheld.
Implementation
72. The Developer shall comply with the EMP and compliance with the EMP shall be addressed
by the community management statement of any or all bodies corporate having control of any
part of the Site.
Revision
73. The Developer may amend the EMP only with the prior written approval of the Manager –
Land Development, which is not to be unreasonably withheld.
Site Rehabilitation Plan
74. The Site Rehabilitation Plan Rev. 1 dated 11.7.2003 shall be complied with for the provisions
that relate to Lot 106 on SP151408.
Flora and Fauna Protection
Vegetation Protection
75. No vegetation indigenous to the Site or vegetation within the road reserves adjoining the Site
shall be cut down, lopped, damaged, disrupted or adversely affected without the prior written
consent of the Manager – Land Use. However the vegetation identified in the approved plans
for removal may be removed or lopped following the issue of a development permit for
operational works for each area and in conjunction with the operational works.
76. It may be acceptable to the Council for further vegetation to be removed or lopped on the site
or overhanging the site for safety reasons. For this purpose, a joint site visit shall be
undertaken by the Manager – Land Use and the Developer to identify any such vegetation to
be removed or lopped. The Developer may remove or lop additional trees only with the prior
written consent of the Manager – Land Use subject to such reasonable conditions as may be
imposed by the Manager – Land Use.
77. All areas of vegetation and individual trees to be removed or lopped shall be clearly marked on
the Site.
78. A qualified and experienced arborist shall be present on site prior to construction work
occurring in the vicinity of trees to be retained; and at least weekly during construction activity
in these areas. The arborist shall provide advice regarding the retention of tree health and
stability and this advice shall be implemented. Tree fence guards shall be erected at a 3m
distance from the trunk (unless otherwise agreed with the Manager Land Use) around all trees
to be retained and an inspection arranged with Council’s Environmental Planner prior to
construction commencing.
79. During construction of the Development the following areas shall be fenced using a 3 wire star
picket fence 1.2 metres in height for the purpose of preventing access beyond these areas
and thereby protecting vegetation on Site:
79.1. an area defined by a radius of 3m to all identified trees to be retained on the approved
plans, unless otherwise agreed by Manager Land Use;
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79.2. the full Lot 888 eastern boundary located adjacent to the development area.
80. A 1.8m min high chain mesh fence shall be erected along the 10m setback line located on the
northern side of the intermittent creek (measured horizontally from the centreline of the
intermittent creek), for the full length of the construction zone for Buildings I to F; prior to the
commencement of any construction work on the site. The fence shall be setback a greater
distance from the northern boundary of the creek to avoid trees or difficult topography on the
10m setback alignment. No entry into the intermittent creek setback area is permitted except
for environmental rehabilitation purposes and authorised stormwater infrastructure
construction. No fill or construction rubbish shall enter this private open space setback area.
81. The precise location and extent of the fencing referred to above shall be determined on-site
during a joint inspection by the Developer and the Manager – Land Use. The fencing is to be
maintained throughout the construction period and may only be removed with the agreement
of the Manager – Land Use.
82. Any diversion drains, dewatering activities or excavation work for foundations or basements
that are installed during construction work on the site shall ensure that adequate groundwater
seepage occurs so as to maintain the existing downslope vegetation in the intermittent creek
by not detrimentally altering the existing downslope soil moisture regime. The Site Arborist (in
conjunction with a professional hydrologist/ groundwater specialist as required) shall regularly
monitor and provide advice on this matter.
83. Adequate groundwater seepage shall be maintained at all times to ensure the existing natural
vegetation in the intermittent creek and soil moisture regimes are not altered as a result of
building activity.
84. Retaining wall footings shall bridge the tree roots of existing trees to be retained where
determined as necessary and practical by the Site Arborist, Site Civil Engineer - Design and
Manager Land Use to retain stable and healthy trees on the site.
85. The buildings and any retaining walls in the immediate vicinity of the bunya trees located near
Building J shall incorporate particular design features to protect the roots of these trees from
damage. The site arborist shall submit a report to Council discussing the impact of the
building and building setback on the tree roots in conjunction with the Development
Application for Operational Works.
86. The construction of the eastern gabion wall shall minimise any detrimental impact on the
vegetation in this area.
Vegetation Removal and Disposal
87. Vegetation removal, tree felling and lopping shall be undertaken in an environmentally
sensitive manner to avoid damaging surrounding vegetation, trees and habitat.
88. 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.
89. All cleared vegetation shall be suitably processed and utilised on the site as mulch or removed
from the Site at the Developer’s expense by a method approved by the Manager – Land Use.
Cryptocarya foetida
90. The vulnerable plant Cryptocarya foetida and its habitat is not to be adversely affected by any
activity associated with the construction and operation of the Development.
91. The buffer area in the adjacent park Lots 104 & 105 (to the north of Building E) required to
protect the known Cryptocarya foetida specimens and their habitat, during construction, shall
not be interfered with.
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92. The preservation of the Cryptocarya foetida and its habit shall be addressed in the Site
Rehabilitation Plan, the Environmental Management Plan, the Construction Management Plan
and the Fire Management Plan to the satisfaction of the Manager – Land Use. In particular,
but without limitation, these documents shall provide for:
92.1. all existing specimens and their habitat to be retained and protected;
92.2. the south-eastern buffer area for Cryptocarya foetida is to be isolated prior to any
construction activity by the erection of a 3 wire star picket fence 1.2 metres in height
(together with appropriate signage) on the Site boundary to prevent all persons, with the
exception of authorised persons, from entering or impacting upon the existing
specimens and their habitat;
92.3. the protective fence may be removed after the vegetation within the fenced buffer area
has become robust and self-sustaining to the reasonable satisfaction of the Manager –
Land Use.
92.4. all persons working on the Site during the construction stage are to be informed of the
requirements regarding the protection of the Cryptocarya foetida and its habitat, to sign
an agreement to abide by these requirements and to be subjected to penalties for non-
compliance with these requirements;
92.5. if rehabilitation works in accordance with the Site Rehabilitation Plan are to be
undertaken, the authorised persons doing the work shall be permitted to enter the area
to undertake the work, subject to the conditions contained in those documents and so
as not to adversely affect the Cryptocarya foetida plants or their habitat;
92.6. the boulder fence shall be constructed within the Site, and shall not adversely affect the
Cryptocarya foetida plants or their habitat;
92.7. the Fire Management Plan shall specify the manner in which any fuel reduction or other
fire prevention activities are to be undertaken in this area so as to minimise the impact
on the Cryptocarya foetida plants and their habitat;
92.8. Compliance with these requirements shall be addressed by the community
management statement for any and all relevant bodies corporate having control of any
part of the Site.
Weed and Pest Species Control
93. In order to protect the adjacent Noosa National Park and the Environmental Values of the Site:
93.1. prior to entering the Site, all construction machinery and vehicles shall be washed down
to remove soil that may contain weed seeds, soil pathogens and pest species;
93.2. all nursery stock shall be weed, pest and disease free and certified as such by the
supplier;
93.3. all imported fill, soil, gravel and other construction and landscaping materials shall be
weed, pest and disease free and certified as such by the supplier;
93.4. all mulch used on the Site shall be weed and pest free and certified as such by the
supplier;
93.5. all mulch produced on-site by mulching cleared vegetation and trees shall specifically
exclude material (particularly seeds) from weed species (eg. lantana, asparagus and
umbrella trees), invasive species and seeding parts of inappropriate species (eg.
wattles); and
93.6. the certificates referred to above are to be obtained prior to use of the material on Site
and to be made available to Council.
94. Soil disturbance in the Private Open Space Area (and any Public Open Space Area) shall be
kept to a minimum to avoid weed proliferation.
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95. Weed eradication and control will be an integral part of both the Site Rehabilitation Plan and
the Landscape Management Report. Vegetation used in rehabilitation and landscaping shall
exclude weed species.
Fauna Protection General
96. The Landscape Management Report, Site Rehabilitation Plan, Fire Management Plan,
Construction Management Plan and Environmental Management Plan shall prescribe the
manner in which the fauna and fauna habitat on the Site and in the adjacent road reserve are
to be protected and enhanced.
97. No cats or dogs shall be permitted on Site during construction.
98. Residents and guests shall not be permitted to keep cats or dogs on the Site.
99. All community management statements for the Site shall contain a provision prohibiting cats
and dogs on the Site.
100. Domestic animals and livestock shall be prohibited in the Private Open Space Area and on the
Public Walkways through the Site.
101. Buildings and roads shall be sited and constructed to allow movement of fauna through and
within the Site.
102. Any internal fencing and retaining walls on the Site shall be compatible with the movement
requirements of Koalas and other fauna.
103. Suitable nesting boxes shall be provided and maintained on the Site.
Koala
104. Koala habitat trees in the mapped Koala Sustainability Area on the Site shall be protected,
unless specific approval is given for the removal or lopping of a Koala habitat tree.
105. The Koala Conservation Criteria shall be generally complied with, with koala friendly fencing
and koala friendly retaining walls to be utilised on the site; and koala food trees to be
strategically located and planted in the landscaping (predominant rainforest theme).
106. The Landscape Management Report, the Site Rehabilitation Plan, the Fire Management Plan,
the Construction Management Plan and the EMP shall give particular consideration to:
106.1.the protection and enhancement of all Koala habitat;
106.2.the protection of Koalas using this habitat area during construction and operation;
106.3.the protection and enhancement of existing and new vegetation to facilitate Koala
movement throughout the entire Site.
107. All retaining walls (excluding any cribb walls) with a height in excess of 0.8 metres shall have
timber posts or other Koala access structures installed at 10 metre intervals. The posts must
have a minimum diameter of 200 millimetres.
108. All community management statements for the Site shall contain a provision requiring all
persons bound by the community management statement to protect Koala habitat areas.
109. All community management statements for the Site shall contain a provision prohibiting dogs
and cats on the Site.
110. A Koala Management Plan shall address the following to the reasonable satisfaction of the
Manager – Land Use:
110.1.all the relevant matters mentioned in these conditions and the following, without
limitation:
110.1.1. minimisation of the loss of koala food trees and Koala habitat trees on the
Site;
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110.1.2. facilitation of Koala movement throughout the entire Site;
110.1.3. planting of additional Koala food trees and Koala habitat trees as part of the
Site Rehabilitation Plan and Landscape Management Report;
110.1.4. all fencing on Site to be compatible with Koala movement requirements.
111. The management plan shall be submitted to Council in conjunction with an application for
Operational Works- Landscaping for the Site.
112. The Developer shall not commence any development on Site until the management plan is
approved by the Manager – Land Use. The approval of the Manager – Land Use is not to be
unreasonably withheld.
113. The Developer shall comply with the management plan and compliance with the management
plan shall be addressed by the community management statement of any or all bodies
corporate having control of any part of the habitat area.
114. The Developer may amend the management plan only with the prior written approval of the
Manager – Land Use, which approval shall not be unreasonably withheld.
Red-tailed Black Cockatoo
115. Known Red-tailed Black Cockatoo feed trees adjacent to the eastern boundary of the Site
shall be protected.
116. During construction, a 75m radius buffer delineated by appropriate signage shall be provided
around all known Red-tailed Black Cockatoo feed trees (refer to Figure 2).
117. Rehabilitation works in this buffer area shall only proceed at times when the Red-tailed Black
Cockatoos are absent.
118. Construction of the buggy track within this buffer area shall not proceed when the Red-tailed
Black Cockatoos are feeding in these trees.
119. Construction of the buggy track shall not adversely impact upon the Red-tailed Black
Cockatoo feed trees or their root systems.
Environmental Linkages and Corridors
120. The corridors and environmental linkages shall be maintained, rehabilitated and enhanced to
ensure they are viable and self-sustaining in the long-term and facilitate the protection of the
adjacent National Park.
121. The Landscape Management Report and the Site Rehabilitation Plan shall facilitate the
protection and enhancement of these corridors and environmental linkages.
122. Unless specifically shown on the approved plans, no construction works or associated
activities shall be permitted in these areas.
National Park Protection
123. The Public Open Space Area and Private Open Space Area perform a buffer function between
the Development on Site and the National Park.
124. The existing fence between the National Park and the Site shall be removed at the
Developer’s expense only once the rehabilitation planting is established to the reasonable
satisfaction of the Manager – Land Use and with the prior written consent of both the
Queensland Parks and Wildlife Service and the Council, or alternatively retained if made safe
and fauna friendly to the satisfaction of the Manager Land Use.
Intermittent Creek
125. The intermittent creek and its riparian and in-stream flora and fauna shall be protected,
maintained and rehabilitated to enhance its Environmental Values.
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126. No development other than stormwater outlets shown on the approved plans shall be
permitted within a 10m wide buffer area on both sides of the intermittent creek (measured
horizontally from the centre line of the intermittent creek). This includes tracks, sediment
ponds, erosion control devices, etc. Erosion control and bank stabilisation devices shall not
be constructed within the intermittent creek bed without the prior approval of the Manager –
Land Development.
127. The existing hydrological regime of the intermittent creek shall not be significantly altered.
128. The long term water quality within the intermittent creek will be in compliance with the
ANZECC Protection of Aquatic Ecosystem guidelines for the protection of in-stream fauna and
their habitat.
Freshwater Habitat Feature and Environs
129. The freshwater habitat pond shall be specifically vegetated and managed to provide habitat for
frogs, aquatic birds and other native fauna. It will have a subsidiary role as a polishing pond
but will not be used for primary stormwater treatment for the Site.
130. The Developer shall prepare and implement the Freshwater Habitat Management Plan which
shall include the following details:
130.1.operational details;
130.2.rehabilitation details for both the pond and surrounding vegetation;
130.3.weed control and mosquito control procedures;
130.4.protection of the downstream creek environment;
130.5.water quality standards and required monitoring during the resort site construction and
operation stages;
130.6.performance standards that will identify when the new habitat area is functional as an
aquatic habitat;
130.7.maintenance and de-silting requirements and procedures; and
130.8.how public access and public safety issues will be addressed.
Buffer Areas
131. The following buffer areas are required to protect the Environmental Values of the Site:
131.1.a 10m wide buffer area on both sides of the intermittent creek (measured horizontally
from the centre line of the creek);
131.2.75m radius buffer area (delineated by appropriate signage) around known Red-tailed
Black Cockatoo feed and nesting trees during construction;
131.3.the Cryptocarya foetida plants in the intermittent creek;
132. Unless specifically shown on the Drawings or specified in these Conditions, no construction
works or associated activities shall be permitted in these areas.
133. During construction, all buffer areas shall be clearly identified and delineated on the ground in
accordance with these Conditions.
Landscape Management Report
Preparation
134. A Landscape Management Report shall be prepared for the site by an experienced landscape
architect in conjunction with a person holding appropriate horticultural qualifications. The
Landscape Management Report shall be prepared to the reasonable satisfaction of the
Manager – Land Use.
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135. The following statements of principle apply to the preparation of the Landscape Management
Report:
135.1.The Landscape Management Report shall demonstrate a high level of environmental
care and responsibility and be consistent with best practice for developments of this
type in similar environments.
135.2.The Landscape Management Report shall be based on sound ecological and
environmental principles and shall specify how the Environmental Values of the Site will
be protected, maintained and enhanced.
135.3.The Landscape Management Report shall specifically acknowledge and demonstrate
how the visual and aesthetic values of the Site and adjoining National Park will be
maintained and enhanced.
135.4.Plant schedules will primarily utilise native species that have been recorded on the Site,
and primarily utilise advanced stock.
135.5.The Landscape Areas will be integrated floristically and structurally with adjacent
existing and rehabilitated vegetation.
135.6.The Landscape Management Report shall be generally consistent with Council’s
Planning Scheme Policy 1 – Landscaping Guidelines, except that plants that are not
endemic to Noosa Shire or this coastal locality, environmental weeds, aggressive
colonisers and plants that encourage inappropriate fauna species, shall be excluded
from the plant schedules.
135.7.The Landscape Management Report shall not utilise plant species that pose a risk to
the adjacent National Park.
136. The landscape theme in each of the Landscape Areas shall be:
136.1.Resort – rainforest;
136.2.Viewland Drive entrance – rainforest.
137. The Landscape Management Report shall address the following issues:
137.1.enhancement of environmental linkages and corridors;
137.2.creation of new fauna habitat with special consideration of Koalas, Glossy Black
Cockatoos, and the Richmond Birdwing Butterfly;
137.3.creation of new habitat for Cryptocarya foetida and Macadamia integrifolia where
practical;
137.4.visual screening of buildings and visual integration of the built environment;
137.5.the use of stone or dark colours in retaining walls.
138. The Landscape Management Report shall detail the planting schemes and plant schedules for
all Landscape Areas and shall detail, inter alia:
138.1.site preparation;
138.2.construction materials and details;
138.3.weed control;
138.4.stock specifications and supply;
138.5.erosion and sediment control;
138.6.planting out procedures and horticultural requirements;
138.7.mulching procedures;
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138.8.fertilising procedures;
138.9.irrigation and watering procedures;
138.10.standard of landscaping;
138.11.staging and timing;
138.12.on-going maintenance;
138.13.environmental safeguards;
138.14.performance standards.
Approval
139. The Landscape Management Report shall be submitted to Council prior to or with the
lodgement of any development applications for landscaping or rehabilitation works with
respect to the Landscaped Areas.
140. The Developer shall not commence any hard or soft landscaping works within the Landscape
Areas until the Landscape Management Report is approved by the Manager – Land Use.
141. The approval of the Manager – Land Use is not to be unreasonably withheld.
Implementation
142. Any application for operational works for landscaping shall be consistent with the approved
Landscape Management Report.
143. The landscaping of the Site is to be completed in accordance with the Landscape
Management Report prior to any part of the Site being occupied and is to be maintained at all
times thereafter to the reasonable satisfaction of the Manager – Land Use.
144. The Developer may amend the Landscape Management Report only with the prior written
approval of the Manager – Land Use, which is not to be unreasonably withheld.
Contaminated Soil Remediation
145. Contaminated soil material located on the site shall be relocated to an authorised location off-
site or relocated on-site and capped in accordance with the requirements of the Environmental
Protection Agency. No infrastructure services are to be located through the remediation area,
and a third party environmental auditor is to review and provide an environmental audit of the
work undertaken. The area is to be remediated to the reasonable satisfaction of the
Environmental Protection Agency.
Other Services
146. The Developer shall provide Electricity, a TV antennae system and Telecom reticulation to the
Site. All electricity and Telecom services shall be provided underground.
Scooters & Buggies
147. Scooter and Buggy maintenance shall occur off-site.
General
148. Operation of facilities for functions or dining involving guests staying at the Resort will be in
accordance with any licence for the facilities to be issued by the Queensland Liquor Licensing
Division pursuant to the Liquor Act 1992.
149. Any advertising sign or device is to comply with the provisions of Council’s Local Law on
advertising.
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150. The Developer shall pay such fees as may be determined by Council for time spent by Council
officers in the investigation, consideration and determination of any report, survey, plans or
drawings or any other matter submitted to Council for its consideration or approval under
these Conditions. The Developer shall further pay all reasonable inspection and monitoring
fees of Council officers. Unless otherwise specified herein, all reasonable fees shall be paid
within 14 days of Council submitting an invoice for the same. If for these purposes Council
considers it necessary to brief an external consultant, the Developer will not be responsible for
the external consultant’s fees unless there has been prior consultation and agreement
between the Developer and Council regarding the proposed consultant and the fees to be
charged.
151. The Council officers may at any time during periods when construction, rehabilitation or
decontamination activities are occurring on Site with prior notice to the Developer (except in
the case of an emergency when no notice is required) enter the Site. The entry may be for the
purpose of monitoring compliance with the Conditions, carrying out inspections, attending on-
site meetings or otherwise for purposes specified in these Conditions. All reasonable costs
associated with the Council officers attending on Site shall be paid by the Developer within 14
days of the Council submitting an invoice for the same. There shall be prior consultation
between the Council and the Developer about inspection arrangements and reporting and the
costs for these inspections.
152. All monies required to be paid by the Developer, if not so paid, on or before the due date, shall
become a debt due and owing to the Council which may be recovered by the Council in any
Court of competent jurisdiction.
Amenity
153. There shall be no substantial detrimental effect upon the amenity of the neighbourhood by
reason of the creation of excessive noise, lighting nuisance or other emissions by or from the
Development.
154. During the operational phase of the Development deliveries and waste collection will be
restricted to the hours between 8:00am and 5:00pm Monday to Saturday.
155. Gaseous or particulate emissions to the air, during the operational phase of the Development
are to comply with relevant limits contained in the Environmental Protection (Air) Policy 1997.
ENVIRONMENTAL HEALTH
Flammable & Combustible Liquids
156. Approval for the Underground Petroleum Storage System should be obtained under the
Dangerous Goods Safety Management Act 2001 and the Environmental Protection Act 1994.
The application for such approval should be lodged with Council’s Environmental Health
Section and includes an assessment by a competent person of the site’s class pursuant to
Council’s “Operators Compliance Guide for Petroleum Product Storage”.
157. An annual licence is required from Council’s Environmental Health Section with respect to the
storage of flammable/combustible liquids in excess of the minimum amounts permitted under
the Dangerous Goods Safety Management Act 2001. Application for a DGSM licence should
be made at the time of submission of a development application for building works and you
must include all relevant plans and specifications.
Food Premises
158. Where any food premises is included in a development, the following is required:
158.1.Plans and application is to be made to Council’s Environmental Health Section for
approval prior to any building approval, fitting out or use of the premises. Adequate
kitchen area and associated food storage shall be provided for the restaurant,
conference room and resort of a minimum of 159m². Example has been provided in
JMA Architects drawing No. 1013 DA – 03 – V – 08 dated 2/11/06.
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158.2.Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must
obtain a Food License from Council, prior to use of those premises.
Skin Penetration
159. The operator of any body piercing or tattooing business should comply with the Public Health
(Infection Control for Personal Appearances Services) Act 2003 and:
159.1.Obtain a licence to operate prior to commencing the use.
159.2.Comply with the Infection Control Guidelines of the Act.
159.3.Premises to comply with Part 15 of the Queensland Development Code.
Beauty Treatment/Hairdressing
160. The operator of any beauty treatment and/or hairdressing business should comply with the
Infection Control Guidelines of the Public Health (Infection Control for Personal Appearances
Services) Act 2003.
Waste Disposal
161. The development refuse will be serviced in accordance with the Waste Management Code
provided in Volume 11 Code Responses, subject to the conditions contained below:
161.1.All waste from the resort is to be collected by Council’s waste contractor from the
central refuse/recycling area adjacent to V Block. No waste will be collected by
Council’s contractors from the individual units/villas.
161.2.Recycling will be provided on a fortnightly basis to the residential component of the site
by Council’s waste contractors
161.3.Council will supply all 240l-recycling bins.
161.4.The garbage rate for the compactor bin will be based on a component for each unit or
residence equivalent to a private residence to cover costs other then the waste
contractors service fee, a component for provision and servicing of the compactor bin.
161.5.Council’s waste contractors will own, service and maintain the compactor bin and clean
during service for a price to be specified by Council.
161.6.The developer shall enter a lease agreement with the waste contractor for the supply
and maintenance of this compactor bin.
161.7.The compactor shall be serviced at a minimum frequency of once per week and Council
will nominate the service day to ensure service provision and be structured within
existing runs for the Ro-Ro collection vehicle. Additional services can be organised with
24 hours notice.
161.8.The compactor bin shall be refrigerated or more frequently serviced to avoid odours and
fly problems.
161.9.The developer will be responsibility for cleaning of all other bins.
161.10.The developer shall purchase and maintain all other bins.
161.11.The developer must provide a suitable bin wash area for the cleaning of all types of
bins and waste collection vehicles used on the site. The area is to be roofed and the
floor is to fall to a bucket trap with the waste pre-treated by a grease arrestor prior to
discharge to sewer.
161.12.All street litter bins located throughout the development are to be supplied and
serviced by the developer.
162. Prior to the approval of various stages of works, the following additional details are required to
be supplied and approved by Council Officers:
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162.1 A Waste Management Plan (construction) shall be submitted to Council as part of the
Construction Management Plan and approved by Manager Land Development prior to
the issue of operational works.
A Waste Management Plan (construction) is also required for construction of 15 or more
dwelling units or for any business use of greater than 500m².
Waste Management Plans (construction) is required to be submitted 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:
162.1.1 The site area for the storage and separation of waste is to be shown on the
plan drawings accompanying the application.
162.1.2 A waste management table as indicated below is to be completed showing
how waste material is to be segregated - recycled – reused or disposed.
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected Estimated On-site Off-site *specify contractor
waste volume (m³) *specify *specify and landfill site or
materials proposed re- contractor and other disposal site
use or on-site recycling outlet
recycling
methods
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals -
please specify
Asbestos
Other - please
specify
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.
162.2 Prior to the approval of Building Works, the following additional details are required to
be supplied and approved by the Manager Environmental Health:
162.2.1 The details of the bin wash facility.
162.2.2 The details of the buggy and trailer to safely transport all bins.
162.2.3 Details of the villa roadside waste and recycle shelters.
162.2.4 Details and location of all basement storage areas that are situated beneath
the refuse chutes.
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163. Adequate access and turn-a-rounds into the waste collection area, shall be provided for all
waste and recycle vehicles as per JMA Architects drawing 1013 DA – 03 – V – 05, Issue 5,
dated 2/11/06.
164. Adequate storage area for the waste and recycling shall be provided for the V Block waste
collection area of minimum dimensions as per JMA Architects drawing 1013 DA – 03 – V – 05,
Issue 5, dated 2/11/06.
Noise
165. Noise emissions during the operational phase of the Development from any mechanical plant
or processes associated with the completed Development must comply with the following
limits:
165.1.7am to 10pm – LA max adj LA bg + 5dBA; and
165.2.10pm to 7am – LA max adj LA bg + 3dBA.
166. Live amplified music and live amplified entertainment is to be provided only indoors, in such a
manner that the sound from the activities is attenuated in accordance with the conditions of
the relevant licence issued by the Queensland Liquor Licensing Division under the Liquor Act
1992 and during the hours specified in such licence but in any event is not to be provided after
midnight.
167. All indoor entertainment noise emissions shall comply with the following limits:
167.1 6am to 10pm – LA10 adj LA90 + 10dBA; and
167.2 10pm to 6am – Loct 10 Loct 90 + 8dB.
168. The swimming pool (including any pool bar), and Health Spa are to be used only between
7:00am and 9:00pm daily.
169. During the operational phase of the Development deliveries and waste collection will be
restricted to the hours between 8:00am and 5:00pm Monday to Saturday.
170. Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or
located in a manner that prevents a noise nuisance beyond the Site in accordance with the
nuisance provisions of the Environmental Protection Regulation 1998. On the spot fines apply
for such offences.
171. The Developer must ensure that no builder or building contractor carries out building work on
a building site in a way that makes or causes audible noise to be made from the building work
on:-
171.1.Monday to Saturday, before 7:00am or after 6:30pm; and
171.2.Sunday or public holiday, at any time.
172. Bottles shall only be placed in the bottle bins in the Resort between the hours of 7:00am and
10:00pm.
173. The operating hours of the Conference Room, Restaurant and Bars (excluding any pool bar)
shall be as follows:
173.1.Sunday to Thursday – 7:00am to 11:00pm (however the Restaurant may open at
6:30am if required);
173.2.Friday and Saturday – 7:00am to midnight (however the Restaurant may open at
6:30am if required);
173.3.Use of the external restaurant deck /conference overflow area for formal functions and
conferences is to be limited to between the hours of 9.00am and 10pm.
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174. Notwithstanding these conditions, the Conference Room and Restaurant and Bars (internal
areas and excluding any pool bar) may be used until midnight on any day of the week if the
use is in connection with a conference being held at the Resort.
175. During the operational phase of the Development machinery including forklifts may only be
operated between the hours of 8:00 am and 5:00 pm Monday to Friday unless they are
operated in an enclosed space (eg within a basement) having sound attenuation.
176. Prior to the approval of Building Works, the following additional noise details are required to be
supplied and approved by the Manager of Environmental Health:
176.1 The location of mechanical equipment (air conditioners, refrigeration equipment or
pool pumps etc) and how they will be installed to comply with Noosa Council’s Local
Law No. 12 – Noise Nuisances and the Environmental Protection Regulations 1998.
Trade Waste
177. Liquid waste generated by industry, small business and commercial enterprises is referred to
as Trade Waste and shall comply with the following:
177.1.A trade waste permit shall be obtained prior to the discharge of trade waste to Council’s
sewerage system.
177.2.All trade waste requirements complying with Council’s Trade Waste Policy and including
pre-treatment devices, must be shown on hydraulic plans submitted to Council for
approval prior to issuing the development permit for building work.
177.3.Vehicular access shall be provided to each grease arrestor and/or pre-treatment device
for cleaning and servicing by Council’s contractor, and must allow vehicles to enter and
leave the site in a forward direction as per Qantec McWilliam drawing No. 05B320
SK.03 dated April 2006.
BUILDING SERVICES
178. Fencing to the swimming pool must comply with the Queensland Building Act 1975 Part 3 (as
amended) and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from
the dwelling to the pool enclosure is not permitted. Any pool fencing shall be coloured
charcoal or dark earthy colours, or non-reflective green or grey glass (or clear glass for the
lower level pools).
LAND DEVELOPMENT
Construction
General
179. The Developer shall cause the Principal Contractor to attend a pre-start meeting with the
Manager – Land Development prior to commencement of any work on Site. At the pre-start
meeting the Principal Contractor is to submit a copy of the Workplace Health and Safety Plan
for the Development to Council for Council’s records. The Workplace Health and Safety Plan
shall comply with the provisions of the Workplace Health and Safety Regulation 1997. The
Principal Contractor and supervising engineer are responsible for compliance with the
Workplace Health and Safety Plan. The Developer shall ensure that there is compliance with
the Workplace Health & Safety Plan.
180. The Developer shall ensure the following steps are undertaken prior to commencement of any
works on Site:
180.1.The Principal Contractor shall give the Council Inspector seven days notice of intention
to commence works.
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180.2.The Principal Contractor or any of its subcontractors shall not undertake any works
unless each such contractor has public liability insurance in the sum of $10,000,000 and
copies of current public liability insurance policies are submitted to the Council
Inspector.
180.3.The Principal Contractor shall nominate a site representative and give the Council
Inspector a telephone number on which the Inspector can reach the site representative
any time 24 hours of the day.
180.4.The site representative shall arrange to meet on-site with the Council Inspector to be
informed of Council’s requirements for construction of access.
180.5.All traffic signage, including that for safety during construction, shall be in accordance
with the Manual of Uniform Traffic Control Devices and Department of Transport (Main
Roads Division) Roadworks Signing Guide.
181. Construction activities are to be carried out only between 7:00am and 6:00pm Monday to
Saturday, with no construction activities on Sundays and public holidays.
182. Construction works for the Site are to be only between the hours of 7:00 am and 6:00 pm
Monday to Saturday, and not on Sundays and public holidays. Access to the Site for the
purposes of heavy construction vehicles is to be only between these hours and queuing of
heavy construction vehicles is not to occur in Viewland Drive prior to 7:00am.
183. Works are to be carried out in accordance with the EMP so as to prevent or minimise:
183.1.dust nuisance to residents in the vicinity;
183.2.transfer of dirt and debris on to existing roads; and
183.3.excessive noise.
184. Attenuation of construction noise is to be provided in accordance with the following measures:
184.1.site layout devised to maximise distances to adjoining residences;
184.2.noisy equipment positioned to make best use of natural attenuation – distance and
screening;
184.3.‘silenced’ machinery to be specified; and
184.4.noise mitigation requirements included in all sub-contract specifications.
185. The Developer shall submit to the Council travel routes for the movement of construction
vehicles. Minor residential roads shall not be used for the movement of construction vehicles.
Construction vehicles must not use Morwong Drive. The Developer is advised that there is a 9
tonne load limit on Park Road and the Developer shall ensure that its contractors and
employees are informed accordingly.
186. The Developer must, promptly after written request by the Council, carry out any necessary
rectification works, at the Developer’s cost, on roads in the vicinity of the Site where it can be
reasonably demonstrated that such roads have been damaged by construction vehicles
involved in carrying out the Development.
187. There shall be no pile driving on Site.
188. There shall be no diesel powered crane structures erected or used on Site other than mobile
cranes.
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189. There shall be no encroachment into the 10 metre creek setback zone. This requires that no
construction works can occur in this 10 metre setback, for example no batters, no excavations,
no pipelines, no silt fences or sediment controls, no diversion drains, no foundations, no
retaining walls, no scaffolding, no access for construction etc are permitted within the 10 metre
setback, except for the three stormwater outlets as shown on Drawing No. 05B320 SK.15
Issue A titled “Proposed Stormwater Headwall Layout Plan” dated April 2006 and prepared by
Qantec McWilliam. The construction works required to construct these outlets will be
minimised and shall be contained within a 6 metre wide corridor.
Construction Sequencing
190. A Construction Sequencing Management Plan shall be submitted in conjunction with an
Operational Works application for civil works. The report shall detail each stage required to
construct the proposed civil works and methods of stabilisation and erosion controls to ensure
that sediments do not enter the intermittent creek and Noosa Sound.
This management plan shall be prepared in conjunction with operational works drawings
which shall reflect the civil works staging. The plan shall also include detailed erosion and
sediment control staging plans, to be submitted with Operational Works application.
191. Building works shall not commence until services, one coat primer seal on roadways, building
platforms and retaining walls are completed and stabilised. These works shall be stabilised
with turf or hydromulch in high risk area, grass seeding with 80% cover in low risk areas and
with mulch or geotextile in areas that will be disturbed during building works. The applicant
shall submit with the sediment and erosion control plans, details of the various risk areas
across the site and associated methods of stabilisation for those differing risk areas.
192. The construction sequences are to be more or less sequential, although the construction
period of some of the elements may overlap and there may be advance works which are
common to all sequences and to the various separate components of the Development.
193. At all times the sequencing of construction and building works shall ensure that any areas that
will be exposed for more than 10 business days shall be stabilised. Erosion and sediment
control measures must be maintained for each stage and are of prime importance and shall be
established prior to any other works being undertaken.
Sediment and Erosion Control Plan
194. A detailed staged Sediment and Erosion Control Management Plan shall be prepared
specifically for the resort site by a Registered Professional Engineer of Queensland, having
proper regard to the Environmental Values of the Site and requirements of the EMP and shall
be submitted in conjunction with an Operational Works application for approval by the
manager Land Development. The management plan shall detail at a minimum, the following:
194.1.Staging of erosion and sediment control measures;
194.2.Sizing of sediment basins and control measures;
194.3.Clean water diversion provision around construction activity zones on- site;
194.4.Locations of all interceptor drains and cut-off drains;
194.5.Rehabilitation and remediation requirements; and
194.6.Contingency plans.
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195. Sediment and erosion control plans shall be prepared in conjunction with the Sediment and
Erosion Control Management Plan, to the reasonable satisfaction of the Manager – Land
Development and in accordance with the Institution of Engineers Australia ‘Engineering
Guidelines for Queensland Soil and Sediment Control’ (June 1996) and in particular using
Checklist No. 3 from that document. The sediment and erosion control plans shall cover all
stages of the resort development (during the construction, establishment and operational
phases) including rehabilitation and remediation of the resort site. These plans are to be
submitted to Council in conjunction with Operational Works application.
196. Sediment basins and their batters and outlets for the site shall be located outside the 10 metre
setback to the intermittent creek and with ARI 5 year piping to the intermittent creek.
197. The Developer shall not commence any development on the resort site until the Sediment and
Erosion Control Plan is approved by the Manager – Land Development.
198. The Developer shall not commence any development on the resort site until the staged
sediment and erosion control is in place as indicated in the approved staged sediment and
erosion control plans.
199. The Developer may amend the Sediment and Erosion Control Management Plan only with the
prior written approval of the Manager – Land Development, which is not to be unreasonably
withheld.
200. The staged sediment and erosion control plans must have regard to the objective of
minimising the transport of nutrients and sediment from the Site and providing pollution control
measures which deliver an acceptable level of safety and health risks for the owner and
occupiers of Lot 27 and the environment on Lot 27.
201. Sediment runoff from site disturbance during revegetation is to be monitored and localised
effects are to be mitigated by use of a range of techniques including;
201.1.additional mulching;
201.2.spraying of disturbed areas with chemical binders or soil stabilisers;
201.3.placement of jute mesh and other protective coatings on disturbed areas; and
201.4.use of sediment fences down slope of revegetated areas.
202. The Development is not to restrict the natural flow of water in the southern intermittent creek
running from the Site into Lot 27 or adversely affect its quality.
203. The Development is not to cause flooding from the southern intermittent creek onto Lot 27 or
erosion of the bed or banks of the intermittent creek.
Stormwater Management
204. All stormwater drainage shall be collected on site and discharged so there is no worsening off-
site during critical events. That is there shall be no net increase in the peak stormwater flows
from all events, being Q1 to Q100 critical design events. Stormwater drainage permitted to
drain from the site shall be discharged to the intermittent creek to protected outlets to ensure
no scour occurs. Stormwater drainage shall be designed in accordance with Water Sensitive
Design Principles and stormwater flows shall be dispersed as much as possible, without
increasing risks of scour to the riparian buffer or creek.
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205. Roof runoff from any of the villas and other central buildings shall be directed to a rainwater
storage system or tank (minimum storage 3000 litres per villa and for other uses minimum
2
storage calculated using 12 litres/m of roof area) that is installed to ensure water from the
tank can be used for external uses (such as watering gardens, irrigation, ornamental ponds,
water features, topping-up swimming pools, outdoor cleaning, etc) and for use in flushing of
toilets internal to the dwellings and buildings. All rainwater tanks are to be designed and
installed in accordance with the Queensland Development Code (QDC), Part 25 – Rainwater
Tanks, and shall be part of the plumbing application in conjunction with the building approval.
The location and capacity of the tanks shall be clearly shown on the plans submitted for
Building Works approval and any overflow shall be directed to the stormwater drainage
system.
206. The applicant shall submit an analysis of water supply reliability for internal reuse of collected
rainwater on the site with an application for Plumbing Works. This shall assess the
requirements for dual plumbing to enable rainwater to be used for toilet flushing.
207. To ensure that polluted run-off does not enter the Noosa River, stormwater run-off from the
carparking areas and the driveways shall have the first flush (the first 12 mm of rainfall or
hose-down) collected in a grease/oil arrestor provided on site prior to being permitted to
discharge into Council’s 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.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
arrestors, which shall be submitted to the Council for approval prior to obtaining a
Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the Community Management
Scheme for the development and a copy of this shall be provided for Council’s records prior to
commencement of the approved Use.
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.
208. All site stormwater drainage shall be by means of a gravity system.
209. 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.
Stormwater Management Plan
210. A Stormwater Management Plan generally in accordance with the “Viridian Noosa Hydrology
and Stormwater Management Plan” dated 30 August 2006 and prepared by WBM Pty Ltd
shall be submitted in conjunction with any Operational Works Applications for the site.
The plan shall include details of an appropriate stormwater treatment system to achieve the
water quality objectives and shall provide plans showing that all works are located outside the
10 metre buffer to the intermittent creek.
The Developer shall not commence any development on Site until the Manager – Land
Development, approves the Stormwater Management Plan. The Developer may amend the
stormwater management plans only with the prior written approval of the Manager – Land
Development, which is not to be unreasonably withheld.
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211. The stormwater management plan shall take into account matters specified in section 19.4 of
the Environmental Protection (Water) Policy 1997.
212. Key water quality objectives to be reflected in the stormwater management plan are the
protection of aquatic ecosystems in both the intermittent creek draining the site and within the
receiving waters and the Noosa River, as well as primary contact recreational standards within
the receiving waters. This plan shall ensure the following water quality objectives are
achieved prior to water exiting the stormwater system and entering the 10 metre buffer zone
during construction and operational phases of the development:
212.1 Suspended Solids < 50mg/L
212.2 pH = 6.5 to 8.5
and during operational phase of the development Total Phosphorous and Total Nitrogen
reduced as per the requirement of the “Water Sensitive Urban Design – Developing Design
Objectives for water sensitive urban development in South East Queensland” Version 1 – 12
October 2006 details in its Table 2.1
213. The stormwater management plan for the entire Site shall address:
213.1.Construction, establishment and operational phases.
213.2.For the establishment and operational phases for the Resort, at least two per year event
and three monthly campaign based water quality monitoring for:
213.2.1. Total Nitrogen
213.2.2. Total Phosphorus
213.2.3. Suspended Solids & Turbidity
213.2.4. pH
213.2.5. Salinity
213.2.6. Temperature
213.2.7. Dissolved Oxygen
213.2.8. Trash & gross pollutants
213.2.9. Algal count and identification (on event basis and following monitoring to
ensure remediation is successful)
213.2.10. Faecal coliforms
213.3.The monitoring shall continue for a period of 3 years from completion of the final stage
of construction.
213.4.For the construction phase for the Resort, at least two per year event and monthly
campaign based water quality monitoring for:
213.4.1. Suspended Solids & Turbidity
213.4.2. Temperature
213.4.3. Salinity
213.4.4. Trash & gross pollutants
213.4.5. Dissolved Oxygen
213.5.In addition to the above, inspections for erosion and deposition, and build up of trash
and gross pollutants should be carried out on a weekly basis during the construction
period and corrective measures implemented.
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213.6.An operational phase water quality management plan shall be prepared to address
basin landscape zone and water treatment device water quality maintenance
requirements for stormwater management measures and devices, contingency
measures for aquatic plant growth, loss of vegetation in swales and filter strips, pollution
response and algal blooms and should include a mosquito management strategy.
213.7.Responsibilities are to be clearly delineated.
213.8.Non-compliance with prescribed water quality standards should trigger the
implementation of measures/further testing to rectify.
213.9.Monthly reports on monitoring, incidents, corrective action and plan updates are
required to be submitted to Council. These reports are to be submitted in a form
acceptable to the Manager – Land Development and are to highlight any non-standard
results.
213.10. Any stormwater outlet to the creeks on the Site are to be stabilised with appropriate
energy dissipation and local armouring. Regular monitoring of creek erosion is
required with appropriate corrective action specified to ensure a stable creek system.
All work to be undertaken to minimise impacts on the Environmental Values of the
creek system.
214. The operational stage components of the stormwater management plan shall be included in
the community management statements for all bodies corporate having control of any part of
the Site and assign responsibilities for compliance in terms of the reasonable satisfaction of
the Manager – Land Development.
215. The Developer shall provide details of the size and design of the necessary sediment basins
for the control of sediment on the site within the Erosion and Sediment Control Plan and the
Stormwater Management Plan.
216. Upper track flow diversions are to be designed to divert up to the ARI 10 year event or greater.
Water Quality
217. The Developer is to install water quality control devices generally in accordance with the
Council’s Planning Scheme Policy and to achieve the specified water quality objectives for the
site. Detailed plans and specifications are to be prepared and submitted (after consultation
with officers of the Council) with the relevant applications for either operational works, building
works, plumbing works or drainage works and are to be to the reasonable satisfaction of the
Manager – Land Development.
Drainage
218. The Developer is to complete the drainage works progressively in conjunction with
development of the site. Detailed drainage plans and specifications are to be prepared and
submitted (after consultation with officers of the Council) with the relevant applications for
either operational works, building works, plumbing works or drainage works and are to be to
the reasonable satisfaction of the Manager - Land Development. All drainage works are
required to be provided by the Developer at its own cost.
Boulder Fence
219. Prior to the commencement of building works in the areas to be protected by the boulder
retention fences, the Developer shall construct steel boulder retention fences (being a
Geobrugg rockfall protection system or similar) or other approved rockfall protection devices to
the reasonable satisfaction of a Registered Professional Engineer of Queensland (RPEQ)
specialising in geotechnical engineering. Certification by the RPEQ will be submitted to
Council prior to the use commencing.
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220. The final locations of the boulder retention fences are to be determined on site by agreement
between the Manager – Land Development and the Developer having regard to the protection
of vulnerable plants and their habitat. Approximate locations of the boulder fences are shown
on the Site Plan Drawing no.: 1013 DA-01-01 Issue 4 dated 30 August 2006 and prepared by
JMA Architects.
Geotechnical
221. Conditions are to be undertaken:
221.1.by an experienced Registered Professional Engineer of Queensland having
geotechnical qualifications;
221.2.to the reasonable satisfaction of the Manager – Land Development; and
221.3.prior to lodgement of any development applications for building or operational works.
222. The Developer shall prepare and implement a treatment strategy for areas of existing fill with
unknown compaction history, including reference to the expected extent of areas of
disturbance. The intention of this strategy is to address areas of existing fill within the
development area. This strategy shall be in accordance with requirements of the EPA and
contaminated areas on the site.
223. The stability of the steep slopes above the proposed, Blocks A, B, C, D, E and G, shall be
subject to a detailed assessment. The assessment shall include:
223.1.sufficient sub-surface investigations to assess the depth of colluvial soils in these areas;
223.2.circular and non-circular methods of analysis;
223.3.the effects of groundwater as perched water tables and/or water filled tension cracks.
Slope stabilisation measures, if required, shall be identified and implemented.
224. A qualified geo-technical engineer shall undertake further assessment of areas of fissured
clays and provide details of engineering support that will reduce the risk of slope instability for
the subject buildings. The type of engineering support shall be designed to ensure no impacts
on existing vegetation, particularly within the 10 metre setback zone to the creek. An RPEQ
shall design and certify that all footing excavations have been undertaken to best practice and
are structurally sound for the site conditions.
225. An RPEQ shall design the footings for all building works that require earthworks within the
fissured clay areas as identified by Golder Associates. The RPEQ shall certify that these
footing designs are structurally sound for the site conditions.
226. The Developer shall provide to Council an assessment of the effects of de-watering of any
basement excavations for the Resort buildings.
Filling and Excavation
227. Detailed plans and specifications based on and generally in accordance with the Engineering
Drawings in relation to earthworks (and prepared after consultation with the Manager – Land
Development) are to be submitted with the relevant applications for either plumbing, drainage,
building or operational works.
228. All filling and/or excavation works are to be carried out strictly in accordance with any
development permits for plumbing, drainage, building or operational works, and approved
management plans.
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229. Retention systems for the Resort Central Facilities Building and the Resort Residential
Buildings are to be as per details of geotechnical reports prepared by Golder Associates.
Where required, excavated faces in rock should have appropriate ground support measures to
contain potentially unstable rock wedges. These could include shotcrete, rock bolts, rock
anchors or alternative engineering support systems. Certification shall be submitted to Council
following building works detailing that the engineering support systems are stable and
satisfactory for the life of the project.
230. Detailed plans and specifications detailing earthworks for all roads (and prepared after
consultation with the Manager – Land Development) are to be submitted with the relevant
applications for either plumbing, drainage, building or operational works.
231. Earthworks associated with all roads are to be completed in accordance with any development
permits for plumbing, drainage, operational or building works, and approved management
plans.
232. Retaining walls in the resort area are to make provision for Koala movement through the area,
where applicable.
233. All proposed fill material is to be tested by an approved geotechnical testing authority (NATA
registered) and the results submitted for approval by the Manager - Land Development.
Compaction and fill is to be carried out under Level 1 supervision in accordance with
Australian Standard – AS 3798 – 1996. Following completion of filling, compaction tests are to
be certified by an RPEQ and certification submitted to Council. Development permits for
building works will not be issued for areas of filling unless the fill compaction tests are to the
reasonable satisfaction of the Manager – Building Services.
234. Filling that will result in the pondage of water on or off the Site (other than any works
associated with the approved drainage system) will be prohibited.
235. All disturbed areas are to be revegetated within 10 days following completion of earthworks to
reduce erosion and transport of sediments.
236. All material removed from the Site is to be disposed of in an appropriate manner and only at
locations approved by a Local Government or the Environmental Protection Agency.
237. Contaminated soil currently contained within the containment cell on the site, shall be removed
in accordance with Environmental Protection Agency requirements.
238. All material stockpiles on the Site must be in a location approved in the Environmental
Management Plan or otherwise approved by the Manager – Land Development, which
approval is not to be unreasonably withheld.
Civil Engineering
239. The earthworks and services for the resort must be confined to the perimeters of the
developable area and shall not be located within the 10 metre buffer setback to the intermittent
creek.
240. The Developer must bear the cost of alteration of any public utility or other facilities
necessitated by the development of the Site or associated construction works external to the
Site.
Public Walkways
241. The Developer shall construct the pathways to link Morwong Drive with Viewland Drive. The
Public Walkways shall be built prior to the Resort use commencing.
242. The Public Walkways shall be a mixture of timber boardwalk, concrete pavement, and other
materials subject to the satisfaction of Manager - Land Development.
243. The Developer is to provide lighting along the Public Walkway from the Morwong Villas to the
southern end of Building Blocks E & F.
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244. The Public Walkway linking Morwong Drive with Viewland Drive is to have a minimum width of
2 metres up to the Building Block V and a minimum width of 1.6 metres thereafter. In any
sections where the public pathway is proposed to be a shared zone, speed limits shall be
reduced to 10km/hr.
245. Detailed plans and specifications for the Public Walkway shall be prepared to the reasonable
satisfaction of the Manager – Land Development.
246. An easement shall be created over the Public Walkways in favour of the Council. The
easement shall be prepared by the Shire Solicitor at the cost of the Developer. The terms of
the easement shall be to the reasonable satisfaction of the Shire Solicitor. In particular, but
without limitation, the easement shall provide for:
246.1.access for the Council, its servants, agents, employees and others authorised by the
Council (including the general public) to pass and repass over the servient tenement at
times of the day to be agreed by the Council and the Developer;
246.2.the Developer is to be responsible for the repair, maintenance and rebuilding, if
required, of the Public Walkway from Morwong Drive to Viewland Drive.
247. The Developer shall provide sufficient “wayfinding” signage to ensure pedestrians can easily
navigate from Hastings St to Viewland Drive on the proposed public pathways through the
site.
Private Walkways
248. The Developer may construct the private walkways as shown on the Site Plan to the outdoor
viewing platform and pool and deck east of A Block.
249. The private walkways shall be constructed using timber boardwalk, stone, dark coloured
concrete or such other materials subject to the approval of Council. The private walkways
shall be constructed using minimum earthworks.
250. Detailed plans and specifications for the private walkways are to be submitted to Council for
approval prior to the issue of a Development Permit for Operational Works- Landscaping for
the Resort.
Sewerage
251. The site shall be connected to Council’s existing sewerage reticulation systems and be
constructed in accordance with Council’s standards and requirements at no cost to Council.
252. The Developer must, at its own cost, construct a series of private reticulation sewers within the
Resort, which are to be discharged into the proposed Council sewer main at an approved
connection point.
Water Supply
253. The site shall be connected to Council’s existing town water supply and be constructed in
accordance with Council’s standards and requirements at no cost to Council.
254. The applicant is advised that this development may require the provision of fire hydrants and a
booster pump in accordance with the Building Code of Australia, and consultation may also be
needed with Queensland Fire Services to ensure suitable fire fighting infrastructure is
provided. To this end any necessary fire hydrants shall be clearly shown on the plans
submitted for both Plumbing Works and Building Works approval and if a booster pump is
deemed necessary, the plans shall indicate where the fire truck is to be accommodated in
order to provide boosting to the water supply.
255. Water supply to the Resort is to be by connection into existing water mains adjacent to the
site.
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Other Services
256. The Developer shall provide Electricity, a TV antennae system and Telecom services to the
resort. All electricity and Telecom services shall be provided underground.
257. All electricity and Telecom services are to be contained with the existing road reserve, external
to the Site. The Developer is to provide street lighting on-site.
Traffic – External
Traffic Management Plan
258. The Developer shall submit a Traffic Management Plan prepared by a Registered Professional
Engineer of Queensland specialising in traffic management for approval by the Manager –
Land Development with the lodgement of any application for operational works for the Site.
259. The Traffic Management Plan shall include, but not be limited to, the following:
259.1.construction vehicle management;
259.2.the number of construction vehicle movements per day on Viewland Drive to ensure
impacts on residents are limited;
259.3.car park provisions during construction.
259.4.limited access management during construction hours;
259.5.signage management;
259.6.operational vehicle management; and
259.7.speed limit requirements.
Traffic Management for Morwong Drive and Viewland Drive
260. Access to the Resort is to be via Viewland Drive from 7:00 am to 7:30 pm and from Morwong
Drive from 7:00 pm to 7:30 am.
261. Appropriate signage to the reasonable satisfaction of the Manager – Land Development and
Manager Land Use advising guests, visitors, employees and invitees of the Resort of the
access arrangements is to be erected. A sign shall be provided at the Morwong Drive cul-de
sac head.
262. Guests of the Resort are to be informed at the time of making a reservation of the access
arrangements on Site.
263. Emergency services, local taxi companies and bus and tour operators are to be informed of
the access arrangements on Site.
264. The Developer is to provide sufficient information at the Morwong Drive entrance to the Resort
and at the Viewland Drive entrance to the Resort to enable a person seeking to enter the
Resort to locate the alternative access if the access initially chosen by the person is closed.
265. The Developer must construct, to the reasonable satisfaction of the Manager – Land Use, a
control mechanism and sufficient turning movements on Site to ensure the split time access
regime is enforced. Such control mechanism will include control barriers that cannot be
operated by guests or visitors of the Resort to gain access to the Resort outside of the hours
specified in these conditions. A gate shall be installed at the northern end of the resort access
road (Alma Way) on Lot 888 where it joins with Morwong Drive but south of the Halse Lodge
entry and shall be accessible at all times to the residents of the ‘Viridian Residences’ on Lot 13
on SP151409; or alternatively the gate shall be installed in a location to the reasonable
satisfaction of the Manager Land Development.
266. Vehicles must not be driven on Alma Way after 7:00pm or parked on Alma Way at any time
south of the southern most gate, ie between that gate and the Viewland Drive exit.
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Morwong Drive
267. No construction vehicles are to use Morwong Drive for access to the Site.
Alma Way
268. Entry to the Resort Site is not to be constructed as a cross-over, but as a street extension with
different pavement to distinguish entry and appropriate signage to be installed, subject to the
approval of the Manager – Land Development, which approval shall not be unreasonably
withheld.
269. The formal entry will be positioned so it does not cause vehicles to egress in reverse when
access is prohibited from Morwong Drive.
270. Details of any proposed estate entrance sign shall be submitted in conjunction with an
application for a development permit for operational works for either road works or
landscaping. The applicable fee at the time the application is made shall accompany the
application.
Viewland Drive
271. Immediately following the completion of construction of the Resort, the Developer shall reseal
Viewland Drive with a minimum 30mm thick AC surface seal to Council specifications from
Noosa Drive to the uphill side of the access facility in accordance with best practice methods.
272. The entry from Viewland Drive will allow queuing of at least four cars clear of the road entering
the Site from the street. It will also cater for turnaround facilities on the entry side of the
gatehouse.
273. Vehicular access is to be focused on the Resort Central Facilities Building – V Block, which is
to provide the formal entrance destination. The balance of the Resort is to be serviced by way
of a series of internal roadways.
274. Details of any construction works described in this condition are to be included in an
application for a development permit for carrying out operational works.
275. Details of any proposed estate entrance sign shall be submitted in conjunction with an
application for a development permit for operational works for either road works or
landscaping. The applicable fee at the time the application is made shall accompany the
application.
Traffic – Internal
276. Detailed plans and specifications for all Internal Roads are to be submitted with the relevant
applications for either operational works or building works.
277. The maximum width of internal roads is to be 5.5 metres. The maximum desirable grade of
the internal roads is 15 percent as per Council’s Planning Scheme Policy PSP5. Details of any
sections where the grade is proposed to be greater shall be submitted with Operational Works
application for roadworks, together with justification for this non-compliance with Council’s
Policy.
278. All retaining walls and bridge design and construction are to be certified by a Registered
Professional Engineer of Queensland for the life of the development.
279. The internal road design must meet the technical criteria contained in the Queensland Streets
Manual to establish vertical and horizontal geometry for access routes.
280. A speed limit of 20km/h will be imposed throughout the Resort. If in practice vehicles in Alma
Way frequently exceed the 20km/h speed limit or cause a noise nuisance to neighbouring
residents further reasonable measures to control the speed of vehicles are to be implemented
at the direction of the Manager – Land Development.
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Driveway Access
281. Detailed plans showing driveway accesses to each villa and car park and specifications are to
be submitted with the relevant applications for either operational works or building works and
are to be to the reasonable satisfaction of the Manager - Land Development.
282. All driveway accesses shall be designed and constructed to Council’s design standards,
AS2890.1-2004 and Queensland Streets and to grades that prevent vehicles from scraping
and/or bottoming whilst also allowing pedestrians movements along the footpath without any
level difference. Should any driveways be constructed to grades that do not comply with
AS2890.1-2004, Council will require that the driveway be removed and reconstructed to levels
that do comply.
283. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath,
the driveway and any associated fencing or vegetation near the driveways shall comply with
the minimum sight line requirements as defined in AS2890.1, section 3.2.4.
The application shall demonstrate compliance with AS2890.1, section 3.2.4, for the basement
entrances of Buildings V, D and other relevant accesses to buildings and the interactions with
the public pathway internal to the site, illustrating these sight lines on the plans submitted for
Operational Works approval.
Carparking
Off Street
284. A Car Parking Management Plan shall be submitted to Council and shall be to the reasonable
satisfaction of the Manager Land Use prior to the issue of a development permit for
Operational Works detailing, at a minimum:
284.1.Compliance with AS2890.1-2004,
284.2.Construction parking provisions,
284.3.Operational on-site carpark provisions addressing the following issues:
284.3.1. Parking spaces within the Resort will not be titled, other than Resort Villa
(Block A, B, C, E, F & J) Garage spaces. Resort Villa Car parking spaces
shall remain within the pool of car parking spaces for the resort at all times;
284.3.2. The theatrette located in Building D will be used for resort operations only
and will not be available for public use;
284.3.3. At check-in, guests (with cars) will be allocated a parking bay for the
duration of their stay. Guests will be advised of their allocated parking bay
location and provided with details how to access this parking space;
284.3.4. At check-in guests will be advised that any external visitors they may invite
to the site shall utilise the available at-grade parking spaces or contact
reception to be allocated a short-term parking space;
284.3.5. During peak times guest carparking spaces may not be located within the
same building as their accommodation unit (if staying within Buildings D,
G, H or I);
284.3.6. All tandem carspaces shall be managed by valet carparking or other
arrangements satisfactory to Council;
284.3.7. Persons without cars shall be allocated rooms wherever possible in
Buildings I or H.
284.3.8. Carspaces in Building V and I shall be made available and directions
erected for restaurant and conference room external customer use in
order to meet demand;
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284.3.9. A 22 seat bus shall be available to provide a shuttle service at all times as
required;
284.3.10. The 4 car spaces located in the immediate vicinity of resort reception will
be limited to drop-off and pick-up and reception functions;
284.3.11. Staff carparking will be allocated whenever possible to tandem spaces
including those in Building V or otherwise in basement carparks.
284.3.12. A minimum of 11 spaces in the immediate vicinity of the Health Spa will be
clearly signed for Health Spa Parking only. When booking spa treatments,
external guests will be advised of the proximity of Health Spa to Hastings
Street, the direct pathway network between the Spa and Hastings Street
and the limited amount of parking provided on site.
284.3.12. Upon booking a reservation, guests (particularly inter-state or international
visitors) will be encouraged not to use a motor vehicle (ie. hire car) during
their stay. The guest will be advised of the provision of all essential
services within close walking distance of the resort;
284.3.13. An airport pick-up/drop-off service between the site and Maroochy Airport
will be provided. This service will be offered on an as-needed basis.
284.3.14. Conference attendees not utilising on-site accommodation and not located
within walking distance of the site will be advised that there is no on-site
parking facilities and offered a morning and afternoon shuttle bus service;
284.3.15. The resort will provide a minimum of 10 scooters for the exclusive use of
guests; and
284.3.16. Resort staff will be encouraged to utilise non-private car modes such as
walking, cycling and public transport. It is noted that the site is well
positioned with relation to Noosa’s public transport and pathway network.
285. Carparking shall be provided within the site as shown on drawing number 1013 DA-01-09
Issue 5 dated 28 November 2006 prepared by JMA Architects Pty Ltd, except as modified
herein.
286. A minimum of 320 carpark spaces, of which 292 are covered carpark spaces, 28 are
uncovered; maximum 66 (33 x 2), are tandem spaces, shall be provided on site, including 9
clearly defined disabled carpark space. Parking spaces within the Resort shall not be titled,
with exception of the Villa Garages Car parks, which may be titled however shall remain as
part of the Resort car parking pool.
287. A minimum of 39 scooter park spaces will be provided on site.
288. The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for
user class 2 with allowance for vehicles to enter and leave the site in a forward gear and with
a minimum head clearance (headroom) at any point of 2.2m.
289. The proposed turning area at the end of any aisle 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”.
290. All carparking shall be kept, maintained and line-marked in a condition fit for use.
291. The parking areas and access to the areas must be paved or sealed to the reasonable
satisfaction of the Manager - Land Development.
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292. The operator of the Resort shall provide adequate carparking spaces on site for staff of the
Resort, alternatively staff may utilise the 22 constructed street-side bays on Viewland Drive
detailed in SK 2004 Issue C. The operator shall not instruct staff to park elsewhere off-site.
The community management statement for any or all bodies corporate having control of any
part of the Resort shall reflect this condition.
293. The operational phase of the Resort following completion of construction, shall comply with the
following:
293.1.Buses are to be limited to 22 seat capacity shuttle buses.
293.2.Delivery vehicles for provisions, linen, etc are to be rigid vehicles not exceeding
11 metres in length.
293.3.Garbage removal vehicles are to be limited to standard garbage trucks and/or standard
vehicles for the delivery/removal of garbage compacters.
293.4.Service garbage and delivery vehicles may operate only between the hours of 8.00am
and 5.00pm Monday to Saturday.
Attunga Heights - Lot 27 on RP89506.
294. The future use of Alma Way and adjacent public pathways (including connections) by vehicles
and pedestrians ingressing/egressing Lot 27 on RP89506 is to be in accordance with the
relevant conditions imposed in the Development Approval granted by the Minister for Local
Government and Planning in respect of Lot 27 on RP89506. Access shall be permitted in
accordance with these conditions.
Earthworks
295. All earthworks are to be undertaken in accordance with approved engineering drawings and
shall be certified by a suitably qualified Registered Professional Engineer of Queensland at
design and constructed stage.
296. All related management plans will be complied with during the performance of the earthworks.
297. No earthworks shall occur within the 10 metre setback to the intermittent creek.
298. All earthworks shall be part of an operational works application in accordance with the
Integrated Planning Act 1997.
299. Filling works required on site shall be carried out in accordance with Section 3.8 of Council’s
Engineering Design Standards Manual and so as not to cause the additional ponding of water
on any adjoining lands or the blockage of, or interference with, any natural watercourses.
Detailed site surveys indicating natural surface levels and contours of the adjoining properties
must be provided with the application for a Development Permit for Operational Works for
Filling and Drainage.
This may require the design and construction of drainage pipes and/or an overland flow-path
within the development site that caters for drainage from the adjoining sites for a design storm
with an Average Recurrence Interval of 1 in 100 years. A private easement for the Drainage of
Water encompassing the drainage pipes or overland flow-path will also be required. In this
regard a Development Permit for Operational Works shall be obtained.
Should evidence be provided to Council indicating that no additional ponding of stormwater
will occur on the adjoining properties the requirement for the drainage pipes, overland flow-
path and easement shall not apply.
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Certification
300. All engineering, stormwater management and building works described in this development
approval are to be certified by a suitably qualified Registered Professional Engineer of
Queensland at both the design and the construction stage. The certification should show that
the engineer is satisfied that all construction has taken place in accordance with the design
and the relevant Australian Standards and used best practice methods.
Fire Management Plan
301. A fire management plan shall be prepared by a suitably qualified person with proven expertise
in the preparation and implementation of fire management plans, stating recommendations for
reasonable and practicable fire protection measures.
302. The fire management plan may be prepared in conjunction with the Noosa Fire Brigade, if they
are willing to assist.
303. The Fire Management Plan shall demonstrate a high level of environmental care and
responsibility and be consistent with best practice for developments of this type in similar
environments.
304. The Plan shall meet the provisions of the Queensland Fire and Rescue Authority Act 1990.
305. The fire management plan shall address the following matters to the reasonable satisfaction of
the Manager – Land Use:
305.1.expected behaviour of fire on the Site;
305.2.fire hazard management actions and risk minimisation strategies;
305.3.fuel load management and consequent fire hazard within vegetated areas;
305.4.setback zones, proposed building construction methods, materials and design;
305.5.gutter treatment to avoid the collection of leaves;
305.6.fire hydrant locations;
305.7.access for fire fighters;
305.8.landscaping measures to reduce fire risk;
305.9.access between structures and vegetated areas;
305.10. fire suppression and evacuation procedures;
305.11. how the ecological values, vulnerable plant species, habitat values and the visual and
amenity values of the vegetation will be retained/protected;
305.12. required infrastructure - vehicle access tracks, fire breaks, hydrants, etc;
305.13. maintenance requirements for the above infrastructure;
305.14. how fires on-site will be prevented from crossing onto the adjacent National Park and
adjoining residential properties;
305.15. coordination with Queensland Parks and Wildlife Service’s fire management activities
and procedures;
305.16. coordination with other relevant organisations and agencies;
305.17. owners and operators training and responsibilities;
305.18. implementation procedures.
The fire management plan shall be submitted to Council in conjunction with an Operational
Works Application with respect to the Site.
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306. The Fire Management Plan shall be approved by the Manager – Land Use.
307. The Developer shall comply with the fire management plan and compliance with the fire
management plan shall be addressed by the community management statement of any or all
bodies corporate having control of any part of the Site.
308. The Developer may amend the fire management plan only with the prior written approval of
the Manager – Land Use, which is not to be unreasonably withheld.
Information to be Provided to Registered Proprietors
309. The Developer must provide a bushfire information kit to purchasers of allotments on Site.
The bushfire information kit must be prepared to the reasonable satisfaction of the Manager –
Land Use.
Service Easements
310. All existing easements located over Council assets or to provide access within the Lot 888 SP
186498 shall be retained, unless otherwise approved by Manager Land Development.
311. 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).
312. No building or other structure shall be constructed or encroach over an easement.
Vegetation Protection & Preservation
313. 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), as this will
allow water that falls on this surface 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.
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.
314. 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.
Headworks Contributions
315. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP17
and PSP16 on Water Supply Headworks Contributions and Sewerage Headworks
Contributions respectively and at the rates applicable at the time of payment. An estimate
only of the contribution rates under the current policies is outlined below. These amounts will
adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from
December 2007 until the date of payment.
Water Supply $1,122,673
Sewerage $786,733
TOTAL $1,909,406
All headworks contributions must be paid prior to the commencement of the Use.
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In the event that the Development Permit for Material Change of Use of Premises lapses or
is cancelled, the contribution or trading bank guarantee will be returned.
General
316. 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.
317. Digital detailed design drawings and calculations 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.
318. 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).
319. 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.
320. 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.
321. 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.
322. 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.
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.
Addition condition
Contributions Towards Council Infrastructure
1. Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or
upgrading various infrastructure at the rates applicable at the time of payment. An estimate
only of the contribution amounts under the current Council policies and requirements is
outlined in the table below:
Contribution Required For: Amount:
PSP12 – Public Open Space Contributions
(Land provided & dedicated in lieu under previous approvals 12592 DA & Nil
23206 DA)
PSP16 – Sewerage Headworks Contributions $3,338
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PSP17 – Water Supply Headworks Contributions $4,416
PSP20 – Pathway Trunk Network Contributions
(Coastal trunk pathway P1/21 (Hastings St to Noosa Hill lookout) Nil
constructed in lieu under previous approvals 12592 DA & 23206 DA)
TOTAL Contribution Amount = $7,754
Please note, that these amounts are all subject to variations in the Consumer Price
Index, All Groups Brisbane from SEPTEMBER 2008 until the date of payment.
All contributions must be paid prior to the issue of a Development Permit for Operational
Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
contributions not be paid at the due time, Council shall call upon the trading bank guarantee in
full.
Processing of bonds for security where specific Council approval has been given for the
bonding of contributions will incur an administration fee in accordance with Council’s Land
Development Commercial & Regulatory Fees at the time of lodgement.
In the event that the Development Permit for Material Change of Use of Premises lapses or is
cancelled, the paid contributions and/or the trading bank guarantee will be returned.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
The site contains Concurrence Environmental GPO Box 2771
contaminated land Protection Agency BRISBANE QLD 4001
The lot contains Concurrence Department of PO Box 383
category 1,2 or 3 area Natural Resources GYMPIE QLD 4570
shown on a property & Water
map of assessable
vegetation
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 Assessment
Manager conditions.
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the estimated amount of $982,874 and is subject to variations in the
Consumer Price Index, All Groups Brisbane from December 2007 until the date of payment.
An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
Planning Act 1997.
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2. The applicant is advised that development contributions and infrastructure charges applicable
to this development approval have been based on the following Uses Class/ Uses and
applicable quantities:-
Existing Development Approved Development
Existing Use Class / Approved Use Class
Existing Quantity Approved Quantity
Use / Use
104 x 1 bedroom
Visitor units
Accommodation - 49 x 2 bedroom
Detached House 1 Dwelling
Type 4 – units
Conventional 45 x 3 Bedroom
Units
Multiple Housing –
2 x 2 bedroom units
Type 4 Conventional
Commercial Business
9 Consulting Rooms
– Type 2 – Medical
Function Room =
2
1063 m Use Area
Restaurant or Café
Entertainment & –
Dinning – Type 1 – 2
Food & Beverage Standard = 107 m
Use Area
Outdoor Dining =
2
415 m Use Area
Entertainment & Licensed = 22 m
2
Dinning Business – Use Area
Type 2 – Recreation, 2
amusement and Unlicensed = 331 m
fitness Use Area
Entertainment & Hotel – Lounge Bar
Dinning Business – and Beer Garden =
2
Type 3 – Bar 146 m Use Area
Openm Space Type 1
Commercial Pool -
– Sport and 2
775 m Use Area
Recreation
3. The applicant is informed that payment via credit card transaction will not be an acceptable
method of payment for development contributions conditioned in this permit or for
infrastructure charge notices issued separately.
4. The applicant is advised that a Compliance Permit for all plumbing and drainage works within
the boundaries of the development site shall be obtained from Council’s Plumbing Services
Section prior to obtaining a Development Permit for Building Works.
5. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:-
5.1 On a Sunday or public holiday, at any time; or
5.2 On a Saturday or a business day, before 7.00am or after 6.30pm.
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A maximum penalty of $1,500 applies to an offence under this legislation.
6. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities
under the Disability Discrimination Act (DDA) in regard to the installation of disabled access
and the provision of disabled facilities, and that access to this building and the provision of
sanitary facilities may need to comply with the requirements of Section D Part D3 and Section
F Clause F2.4 of the Building Code of Australia.
7. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if
the cost of operational works exceeds $80,000, then a portable long service leave levy is
required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
the approved form issued by the Building and Construction Industry (Portable Long Service
Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
declaration outlining the cost of the operational works must be submitted to Council with the
lodgement of any application for operational works over the site.
8. Council does not consider the use of the street name “Little Hastings Street” to be acceptable
as it is confusing with the other street names of Hastings Street and Upper Hastings Street.
Building Services
9. The plans for the proposed building work have not been assessed for compliance with the
requirements of the Building Code of Australia as they relate to people with disabilities. Your
attention is drawn to the matter that either or both the Disability Discrimination Act 1992
(commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the
proposed building work.
Noosa Council recommends that the following matters be considered to address equitable
access and facilities in the building:
(a) The building and environs should be designed to meet the requirements of the Human
Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and
AS1428.2;
(b) Applicants should be aware that a “Disability Standard on Access to Premises is being
developed and most likely will result in changes to the Building Code of Australia;
(c) Any services and facilities in the building complex must allow independent, dignified and
equitable use of the services and facilities for all people.
10. At the date of adoption of The Noosa Plan, the siting of structures is nominated in Schedule 1.
Land Use section will assess the siting of all structures.
11. The following information is provided as a guide to assess the siting of the pools.
11.1 The swimming pools on the two duplexes are proposed to be constructed with a
setback of approximately 0 metres from the outermost projection to the front boundary.
11.2 A swimming pool is a structure by definition and would generally need to comply with
setback requirements applicable to a Class10B structure, under the planning scheme
they may be considered as part of the landscaping elements applicable to the
development.
11.3 Swimming pools, where the minimum distance from the water to the road frontage is: -
(A) where the vertical distance to the coping above the finished ground level is not
more than 1.2m – 1.5m; or
(B) where a solid wall or fence at least 1.8m high above finished ground level is
constructed between the water and the road frontage and the top of the wall or
fence is at least1.0m above the top of the coping of the pool.
11.4 Prior to the commencement of the development, a plumbing assessment must be
obtained from Noosa Council’s Plumbing Services Section in accordance with the
Plumbing & Drainage Act 2002 (as applicable).
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11.5 No assessment has been carried out in regard to exits, the fire services, fire separation,
fire resistance levels, disabled access or facilities. The building certifier will assess
these aspects as part of the building application.
Additional advice conditions
1. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the estimated amount of $1,412 and is subject to variations in the Consumer
Price Index, All Groups Brisbane from SEPTEMBER 2008 until the date of payment. An
Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
Planning Act 1997.
2. The applicant is advised that development contributions and infrastructure charges applicable
to this development approval have been based on the following Uses Class/ Uses and
applicable quantities:-
Existing Development Approved Development
Existing Use Existing Quantity Approved Use
Approved Quantity
Class / Use Class / Use
Visitor 104 x 1 bedroom Visitor 105 x 1 bedroom
Accommodation - units Accommodation - units
Type 4 – 49 x 2 bedroom units Type 4 – 48 x 2 bedroom units
Conventional 45 x 3 Bedroom Units Conventional 46 x 3 Bedroom Units
Commercial 9 Consulting Rooms Commercial 9 Consulting Rooms
Business – Type 2 Business – Type 2
2 – Medical 551 m Use Area 2 – Medical 551 m Use Area
Function Room = Function Room =
2 2
1063 m Use Area 1063 m Use Area
Entertainment & Restaurant or Café – Entertainment & Restaurant or Café –
Dinning – Type 1 2 Dinning – Type 1 2
– Food & Standard = 107 m – Food & Standard = 107 m
Beverage Use Area Beverage Use Area
Outdoor Dining = 415 Outdoor Dining = 415
2 2
m Use Area m Use Area
CMRNICP = 207 m2 CMRNICP = 207 m2
Use Area Use Area
Entertainment & Entertainment &
Water & Sewerage = Water & Sewerage =
Dinning Business 2 Dinning Business 2
Licensed = 22 m Licensed = 22 m
– Type 2 – – Type 2 –
Use Area Use Area
Recreation, Recreation,
amusement and + Unlicensed = 331 amusement and + Unlicensed = 331
2 2
fitness Use Area (185 m + fitness Use Area (185 m +
2 2
146 m Building I 146 m Building I
gym/sauna) gym/sauna)
Entertainment & Hotel – Lounge Bar Entertainment & Hotel – Lounge Bar
Dinning Business and Beer Garden = Dinning Business and Beer Garden =
2 2
– Type 3 – Bar 146 m Use Area – Type 3 – Bar 146 m Use Area
Water & Sewerage Water & Sewerage
Open Space Open Space
only = Commercial only = Commercial
Type 1 – Sport 2 Type 1 – Sport 2
Pool - 775 m Use Pool - 775 m Use
and Recreation and Recreation
Area Area
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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
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
Development Permit for Building Works All Building Works
Development Permit for Operational Landscaping, Carparking & Access, Roadworks,
Works Frontage Works, Stormwater Drainage, Site Civil
Works, Excavation of Materials, Erosion & Sediment
Control & Filling of the Site
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:
Advertising Devices Code
12 SUBMISSIONS
There were seven properly made submissions about the application.
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.
15 OTHER DETAILS
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.
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DECISION NOTICE HISTORY
Original Decision Notice issued 15 February
2007.
Negotiated Decision Notice issued 19 April
2007 with amendment to Conditions 5, 20,
35.2, 42.1, 66, 68, 70, 71, 73, 83, 140, 162,
167, 176, 182, 204, 212, 213.2.9, 213.3, 237,
242, 258, 263, 283, 284.3.1, 284.11, 286,
292, 306, deletion of Condition 42.6
Compiled Decision Notice issued 27
February 2008 with amendment to
Conditions 1, 2, 20, 284.3.12, 286, 315 &
Advice Conditions 1 & 2.
Change to an Existing Approval issued 21
January 2009 with amendment to Conditions
1, 2, 18 & 20 and inclusion of one additional
condition and two advice conditions.
Yours faithfully,
Kerri Coyle
MANAGER – LAND USE
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Referral Agency Conditions –
Environmental Protection Agency
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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Page 57
2006/823 Page 57 of 59 [OCR of page images] 2006/823 Council Application Number: 2006/8623 EPA Application Number: 27809 Past 10 Conditions of the development approval 1) Sufficient information to be provided in accordance with the Environmental Protection Act 1994 and the Draft Guidelines for the Assessment and Management of Contaminated Land in Queensland (DEH, 1998) to show that Lot 106 on SP151408 is suitable for the intended use. . 2) Third Party Reviewer. A Third Party Reviewer (TPR) must be appointed under the EPA's Terms of Reference - Use of a Third Party Reviewer for Assessment and Management of Site Contamination dated 28 August 2003 (TOR). The TPR must: i) review all site assessment and remediation work undertaken to date on the whole of Lot 106 SP151408; ii) approve a remediation plan for removal and validation of all site contamination that is prepared by consultants with relevant qualifications and experience as required in Sections 381 and.395 of the Environmental Protection Act 1994, and. iti) certify that the whole of Lot 106 SP151408 is suitable for any use and can be removed from the Environmental Management Register or is suitable for the intended residential uses subject to the conditions of a draft Site Management Plan. 3) Prior to any construction or development works commencing in the area of “containment cell" on the subject land, the TPR certification must be provided to the Environmental Protection Agency. Reasons for inclusion of development conditions or refusal In accordance with section 3.3.18 of the Integrated Planning Act 1997 and section 27B of the Acts interpretation Act 1954, a concurrence response must include reasons for a refusal or for the inclusion of development conditions. The Environmental Protection Agency is recognised as a concurrence agency under the Integrated Planning Regulation 1998 for the protection of the environment by the management of contaminated land. The Environmental Protection Agency concurrence agency conditions for this proposed development that are contained within this response are required to prevent or mitigate any potential risk to human health or the environment from possible hazardous contaminants present on the site. Additional information for applicants This concurrence response pursuant to Chapter 7, Part 8 of the Environmental Protection Act 1994 applies only to contaminated land issues and does not remove the need to obtain any further approval for this development which may he required by this or other legislation, State and/or Commonwealth. Applicants are advised to check with all relevant statutory authorities for such approvals as may be required. ~ End of Concurrence Agency Response ~ Pave of Page 57 of 59
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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
for the application are not available against the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of its
may appeal to the court against any of the following- jurisdiction, appeal to the court about the giving of a
the refusal, or the refusal in part, of a development development approval for a development application if-
application; 3. the development application involves impact
a matter stated in a development approval, including assessment; and
any condition applying to the development, and the
identification of a code under section 3.1.6;1 4. the advice agency told the applicant and the
assessment manager to treat its response to the
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
the length of a relevant period;
days after the day the decision notice or negotiated
a deemed refusal. decision notice is given to the advice agency as a
(2) An appeal under subsection (1)(a) to (d) must be submitter.
started within 20 business days (the “applicant’s appeal Appeals for matters arising after approval given
period”) after the day the decision notice or negotiated (co-respondents)
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 started development application, a person to whom any of the
at any time after the last day a decision on the matter following notices have been given may appeal to the
should have been made. court against the decision in the notice-
Appeals by submitters 1 a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application may extension of the relevanrt period for an approval;
appeal to the court about- 2 a notice giving a decision on a request to make a
1. the giving of a development approval, including any minor change to an approval.
conditions (or lack of conditions) or other provisions The appeal must be started within 20 business
of the approval; or days after the day the notice of the decision is given to
2. the length of a relevant period for the approval. the person.
(2) The appeal must be started within 20 business Subsection (1)(a) does not apply if the approval
days (the “submitters appeal period”) after the day the resulted from a development application (superseded
decision notice or negotiated decision notice is given to planning scheme) that was assessed as if it were an
the submitter. application under a superseded planning scheme.
(3) If a person withdraws a submission before the Also, a person who has made a request
application is decided, the person may not appeal the mentioned in subsection (1) may appeal to the court
decision. against a deemed refusal of the request.
(4) If an application involves both impact assessment An appeal under subsection (4) may be started
and code assessment, appeal rights for submitters are at any time after the last day the decision on the matter
available only for the part of the application involving should have been made.
impact assessment.
Division 9 - Appeals to court about other matters
(5) If an application is processed under section
Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application
are available only for the aspects of the development that
(no co-respondents)
would have required public notification under the 4.1.31.(1) A person to whom any of the following notices
repealed Act. have been given may appeal to the court against the
decision in the notice-
1. a notice giving a decision on a request to
1 change or cancel a condition of a development
Section 3.1.6 (Preliminary approval may override local approval.
planning instrument)
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2006/823
2. a notice under section 6.1.442 giving a decision (c) the decision to give a preliminary approval when a
to change or cancel a condition of a development permit was applied for;
development approval. (d) the length of a period mentioned in section 3.5.21
1. The appeal must be started within 20 business relevant period;
days after the day the notice of the decision is
(e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
2. Also, a person who has made a request
started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the
period”) after the day the decision notice or negotiated
court against a deemed refusal of the request.
decision notice is given to the applicant.
3. An appeal under subsection (3) may be started at
(3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the
at any time after the last day a decision on the matter
matter should have been made.
should have been made.
Appeals against decisions to change approval conditions
The Registrar for the Building and Development
under the repealed Act
Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(2) the decision; or (1) This section applies to a person who has been
(3) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
(2) An appeal under subsection (1)(a) must be notice or a regulated State infrastructure charges notice.
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
4.1.33B.(1) An applicant who is dissatisfied with a applicant is given notice of the decision about the
decision of a local government or the conditions applied approval; or
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the
decision or the conditions applied. (a) whether a charge in the notice is so unreasonable
that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the 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 appeal
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to charges schedule or regulated State infrastructure
development applications charges schedule.
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
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 59 of 59
Used in these records
Decision Notice - Change to an Existing Approval - 010.2006.00000823.003 [As Published]Related documentApplication case desk ↗
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