Changed Approval 142009.1227.01

Officer:	Conor Neville
Direct Telephone:	07 53296287
Our Reference:	142009.1227.01
Your Reference:	asdf

24 July 2017

Fairshore Resort Body Corporate
C/- Galbraith Scott Pty Ltd
PO Box 50
NOOSA HEADS  QLD  4567

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 21 July 2017, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	142009.1227.01
Street Address:	Fairshore 41 Hastings St NOOSA HEADS  QLD  4567
Real Property Description:	None available
Planning Scheme:	The Noosa Plan (8 August 2011)
Decision details
Council on 15 January 2010 decided to issue the following type of approval:
Development Permit for Operational Work - Landscaping
In relation to the request to make a change to the existing approval, Council decided to:
Approve a change to condition 1.

relevant period of approval
The relevant period for this development approval is in accordance with that stated in the Decision Notice/Negotiated Decision dated 15 January 2010, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.
PLEASE NOTE THE FOLLOWING IS FOR PBAS ONLY AND REPLACES THE ABOVE TEXT
CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Approved Plan
The site is to be landscaped in accordance the approved Landscaping Plans - Drawing WD.103 T4 titled Landscape Plan prepared by Kidd +Co designers dated 8 October 2007, accompanying Fairshore Apartments Refurbishment Notes for Landscape Master Plan by Winter & Co Pty Ltd (as included with the Information Request Response dated 16 November 2009) and Planter Box Removal prepared by Martin Galbraith dated 10.02.2017 except as amended by these conditions.
Amended Plan and Specification
The site is to be landscaped in accordance with The Noosa Plan Landscaping Code and Planning Scheme Policy PSP3 on Landscaping Plants and Guidelines.
Any new planting of Pandandus tectorius var. pedunculatus species shall be sited a minimum of 2 metres from the edge of the Main Beach promenade boardwalk to ensure pedestrian safety.
The applicant must replace all turf damaged during construction activities along the Main Beach Promenade frontage of the site with a suitable species as agreed with by Councils Operational Works Assessment Branch Co-Ordinator for Environment and Landscape.
Planting Methodology
The landscape construction is to be implemented in accordance with the amended landscape plan, amended planting schedule and horticultural industry best practices.
Construction works within the drip zone of the 5 Palm and 12 Pandanus trees identified for retention must be undertaken in accordance with the instructions of a certified Arborist. Evidence of the arborist instruction must be provided to Councils Operational Works Assessment Branch Co-Ordinator for Environment and Landscape prior to commencement of construction works.
All trees 45 litre and greater must be securely staked and tied to assist their growth during the 12 month establishment period.
Access to services
All landscaping treatment shall not unduly restrict or prevent access to service meters within the site.
All trees must be located a minimum of 1 metre from all services to prevent root/service conflict and to provide future ease of maintenance requirements.
All manholes, inspection pits and grates are to be raised to finish surface level and kept free of cover and be visible at all times to ensure prompt access in case of emergency.
This Development Permit lapses if the development has not happened by 30 December 2011, unless application to extend the currency is approved by Council.

referral agency conditions
Not Applicable.
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
With constant use in a marine environment the proposed 25mm thick shower deck boards are likely to become fatigued and flexible.  Fatigued and flexible decking boards can allow fixing screws to become proud of the deck surface and can present a hazard to users.  Council recommends that decking boards be a minimum of 35mm x 110mm fixed with 75mm, 304 Stainless Steel decking screws.

To allow for the potential of informal seating it is recommended that capping stones are provided on the rock wall in the vicinity of the shower. It is recommended that capping stones are primarily the full width of the wall to limit mortar joints and top mortar joints are flush and not contain crevices where rubbish can accumulate.
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.

property notes
Not Applicable.
PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable.
further development permits required
Not Applicable.
self assessable codes
Not Applicable.
submissions
Not Applicable.
rights of appeal
You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
other details
If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY Original Decision Notice 15 January 2010 Changes to an Existing Approval 21 July 2017, with an amendment to condition 1

Yours faithfully

Conor Neville
Environment Officer

Encl. 	Approved Plans/Documents
Appeal Rights

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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