Decision Notice - Minor Change - 132001 210011 4 - [As Published] · 132001.210011.4

               66.    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. Such landscaping is to
                      be completed prior to the premises being occupied and maintained at all times thereafter.
               67.    Any fencing provided in conjunction with the development is to be setback an average of two
                      (2) metres to any road frontage.
               68.    The five areas of outdoor dining (28sqm, 15sqm, 24sqm, 5sqm & 2sqm) are to be clearly
                      delineated to ensure that no further areas are utilised for such a purpose. In this regard the
                      outdoor dining area for tenancy 1 is to be marked by a form of planters or the like and the
                      outdoor dining for tenancy 3, 4, 5 & 6 is to be marked by brass or similar indicators in survey
                      holes. The total number of tables and chairs permitted in the outdoor dining area for tenancy
                      3 shall be 7 tables with a maximum of 4 chairs at each table.
               69.    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. The landscape
                      plans referred to above are to denote areas of existing vegetation or existing trees proposed
                      to be retained. In particular, the large Eucalypt in the road reserve in Elizabeth Street is to
                      be retained and its root system is to be protected during works.
               70.    Any advertising sign or device is to comply with the provisions of Council's policies on
                      advertising.
               71.    Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 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.
               72.    This Development Permit for a material change of use of premises lapses if:-
                      a.      the use or erection of a building or other structure associated with the use, has not
                              been commenced within four (4) years of the date of issue of the Development Permit,
                              unless application is made and approved by Council for an extension; or
                      b.      the use of any premises pursuant to the Development Permit ceases.
               73.    The developer must obtain all of the other Development Permits referred to in the Decision
                      Notice, prior to obtaining a Development Permit for building works.
               Additional Conditions
               74.    The developer shall undertake the necessary line marking in Elizabeth Street for the
                      provision of one (1) on-street car park, created through the deletion of a driveway access
                      formerly off Elizabeth Street.
               75.    The developer shall provide on-site bicycle parking facilities in accordance with AS 2890.3
                      within the parking space deleted for the retention of an existing Alexandra Palm tree.
               76.    The proposed restaurant use for tenancy 4 shall have a maximum use area of 49m2
                      consisting of 25m2 for internal use area and 24m2 for outdoor dining.
               77.    The proposed outdoor dining area for the restaurant use of tenancy 4, 5 & 6 is not to obstruct
                      pedestrian passage and access within common property.
               Additional Condition – 29 August 2022
               78.    Lot 5 (tenancy 5) is approved as:
                      a.      A Food and Drink Outlet, in accordance with the definition under Noosa Plan 2020, and
                              is limited to a total use areas as per the approved plan including 50.6m2 for indoor
                              dining and 5m2 for outdoor dining.
                              or
                      b.      A Shop with a gross floor area of 75m2 in accordance with the definition provided in
                              Noosa Plan 2006.


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Document Set ID: 22457179
Version: 4, Version Date: 13/06/2023