Sealed Final Judgment

                                                     .8.


            62.3. A person must not use equipment on any day if it makes or causes noise to be made

                  62.3. , . Before 7am or after IOpm: More than the lower of either -
                           . 40 d(B)A
                           . 3 d(B)A above the background noise level
                  62.3.2. From 7am to 7pm: More than the lower of either -
                           . 50 d(B)A
                           . 5 d(B)A above the background noise level
                  62.3.3. From 7pm to lopm: More than 3 d(B)A above the background noise level.
    Additional Conditions 7/3/08

    63. The applicant shall enter into an infrastructure agreement with Council with regard to the
          provision of private services within the 5m wide road reserve that divides the two separate
          parts of Lot 4 prior to the use commencing on the northern part of Lot 4. The conditions of
         the infrastructure agreement shall:
            a) Provide for the installation, maintenance and preservation of the private water an
                  electrical services that supply the separate parts of Lot 4,
            by Provide for the maintenance of the road reserve in those parts affected by the private
                  services,

            c) State that the applicant is responsible for obtaining approval for the design and
                  construction of the various services from the relevant authority,
            d) State that the design and construction of the services shall be wholly at the
                 applicant's expense and shall not entail a financial encumbrance on future
                 purchasers of the proposed lot, and
            e) Be to the satisfaction of the Department of Natural Resources and Water (DNR&W),
                 If DNR&W does riot consent to the private services crossing their land the applicant
                 shall find an alternative means of providing services to the balance of Lot 4 prior to
                 the use commencing.
    64. The required contributions shall be paid to Council and the associated car parking
            constructed.
.
    Additional Conditions I 6/3/10

    65, Vehicular access arrangements can be varied to allow for an alternative access
         arrangement for northern vehicle access to the site from Goodchap Street. The alternative
         access arrangement shall be generally in accordance with Drawing No. PIOC, Job No.
         06679 prepared by ToD Noosa dated 29 May 2009. The works shall include but riot be
            limited to:-

            i. The linemarking necessary to provide the right turn lane and associated medians,
            ii. The direction linemarking within the existing access,
            iii. The widening of the current vehicle crossover, and
            iv. Any works associated with the existing Telstra pit to the satisfaction of Telstra,
                  Suitable certification from Telstra shall be submitted to Council prior to the
                  commencement of any works and at the completion of the works.
            Further, a schedule of works, specifications and plans detailing this work shall be prepared
            and submitted to Council for approval as part of an application for Operational Works
    66. Where vehicular access arrangements are varied in accordance with the alternative access
         arrangements identified by Condition 65, the applicant shall design and construct an
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