Changed Approval 132004.4078.08

Officer:	Lisa Pienaar
Direct Telephone:	07 53296514
Our Reference:	132004.4078.08
Your Reference:
8 May 2017

Building Surveying Professionals (Qld) Pty Ltd
PO Box 1632
BUDERIM  QLD  4556

[email protected]

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 8 May 2017, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	132004.4078.08
Street Address:	61 Hastings St NOOSA HEADS  QLD  4567
Real Property Description:	Lot 3 CP 862568
Planning Scheme:	The Noosa Plan (28 October 2016)
Decision details
Council on 7 April 2005, decided to issue the following type of approval:
Material Change of Use for Indoor Entertainment (redevelopment of Noosa Heads Surf Life Saving Club), and
Amend existing lease to reflect the approval over the site and taking into consideration the toilets and tourism centre.
In relation to representations made by the Applicant, Council on 21 July 2005 resolved to:
A.	Amend Conditions 7 and 14;
B.	Issue a Negotiated Decision Notice.
In relation to a request to change the Development Approval, Council on 19 January 2006 resolved to:
A.	Approve the Change with amendment to conditions 1, 5, 20, 26 & Advice Condition 4.
B.	Include five additional conditions.
C.	Delete Conditions 60.1 and 60.2 and Advice Condition 3.
D.	Issue a Compiled Decision Notice.
In relation to a request to change the Development approval, Council on 10 May 2007 resolved to:
A.	Approve the change with amendment to Conditions 1, 4, 5, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 24, 26, 27 29, 32, 33, 61, 62, 65, 70, and Advice Condition 4.
Delete Conditions 22, 56, 67, 68 & 69.
Include four additional conditions and six additional advices.
D.	Issue a Compiled Decision Notice
In relation to a request to change the Development Approval, Council on 22 November 2007 resolved to:
A.	Approve the change with the following changes to Conditions 8, 15 and 71
B.	Refuse a change to Condition 9 for the following reasons:-
1.	the condition was imposed in part due to submissions from nearby residents and the residents should be given a further opportunity to comment on the proposed changes; and
2.	the proposed extension to the operating hours is likely to adversely impact on the amenity of surrounding residents with the proposed extension not supported by an Acoustic Report.
C.	Issue a Compiled Decision Notice.
In relation to a request to change the Development Approval, Council on 12 March 2010 decided to:
Approve the change with amendments to Conditions 16, 26 & 27.
Delete Conditions 11 & 29.
Issue a Change to an Existing Approval.
In relation to the request to make a change to the existing approval, Council on 8 May 2017 decided to:
A. 	Approve a change to conditions 1 and 10.
B.	Include 5 additional conditions.
reLevant period of approval
The relevant period for this development approval is in accordance with that stated in the Negotiated Decision Notice dated 21 July 2005 unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.
CONSOLIDATED assessment manager conditions
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development.  The approved plans are titled and numbered DA 100 Site Plan, DA 101 Ground Floor Plan, DA 102 First Floor Plan, DA 103 Roof Plan, DA 104 South elevation, DA 105 West elevation, DA 106 North Elevation drawn by PCA Architects and dated 3 January 2017, DA 108 Hastings Street Extension drawn by PCA Architects dated 4 April 2017 and DA 109 External Folding Sliding glass screens drawn by PCA Architects and dated 10 April 2017 and as may be amended by these conditions.
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.
Existing trees on the site and within road reserves are to be retained, except where nominated to be removed due to building operations.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines.  Such landscaping is to be completed prior to the final completion and operation of the premises and maintained at all times thereafter.
Security in the form of a cash bond or trading bank guarantee to the sum of $25 000 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.
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.
A rolla-door or other similar gate device may be installed at the basement vehicle entrance.  This device is to be fitted with a swipe card and/or intercom system so as not to restrict access to members of the Surf Club or patrons of the commercial facilities.
No line marking or signage shall be erected reserving any space for club employees, members or similar persons, with the exception of two carparking spaces adjacent to Tourist Information Centre and one of the spaces in the basement car park, which shall be signposted for restricted usage, making these spaces available for the Tourist Information Centre during business hours.  The two spaces in the south eastern corner adjacent to the Tourist Information Centre are to be further restricted to allow this area to be used by service vehicles for loading and manourvring purposes. In this regard, no parking is permitted in these two spaces between 6am and 9.30am, 7 days a week to allow for service vehicle loading and manourvring purposes.  One of the car parking spaces in the south eastern corner adjacent to the Tourist Information Centre should be designated for disabled car parking.
The commercial operations on the site are restricted to the hours of 7:00am to 12 midnight, 7 days a week.
Any deck areas that are to be partially enclosed or enclosed are to be in accordance with the plans referred to in Condition 1.
Deleted.
The Tourist Information Centre and Public Toilets shall be generally in accordance with the approved plans, with the final design and location of these facilities being determined having regard to Crime Prevention Through Environmental Design (CPTED) principles and incorporating measures such as screening and landscaping in order to protect the amenity of neighbouring properties to the reasonable satisfaction of Manager Land Use.
Any new kitchen, laundry and bathroom fittings shall comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2). 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.
The north eastern deck area adjacent to the restaurant dining area is permitted to operate between 7am to 10pm, seven (7) days a week, after which it is to be closed off.
The northern deck area is permitted to operate between 7am and 12 midnight, seven (7) days a week.
Secure bicycle racks shall be provided on site to accommodate a minimum of 8 bicycles.  The proposed bicycle racks shall be identified on the landscaping plans and shall be located to the reasonable satisfaction of the Manager, Land Use.  In addition, the applicant shall make a monetary contribution $2,400 to Council in lieu of 6 bicycle spaces.  Such monetary contribution shall be made to Council prior to the commencement of the use to enable the future purchase and installation of 3 bicycle racks (ie. hoops) within the vicinity of the site.
End of trip facilities (ie. lockers, showers and change rooms) shall be provided within the approved building in accordance with the approved plans.
Any new hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural), to support the efficient use of natural resources and minimise consequent pollution.
The Development Permit for a material change of use of premises lapses if the use has not happened by 10 May 2011 unless an application to extend the currency is approved by Council.
Land Development

Vehicle Access
A vehicular access driveway to serve the development shall be constructed from the Hastings Street frontage of the site with a maximum width of 6.0 metres and shall be generally in accordance with drawing numbered 0626-SK02-F prepared by Middap Ditchfield Pty Ltd and dated 17 January 2007 and drawing “Figure 2” dated 18 January 2007 prepared by McCormick Rankin Cagney.
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any level difference.  Should any driveways be constructed to grades that do not comply with AS/NZS2890.1:2004 and AS2890.2-1989, Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
Deleted.
A Traffic Management Plan for the demolition and construction phases of the development shall be submitted to and approved by Council prior to the issue of any Development Permits for Demolition or Building.  The Traffic Management Plan shall include but not be limited to:
Limiting the routes for the heavy vehicles to the major road network and prohibit the use of the local roads as access to the site;
Indicate provision for on-site parking for the required workforce; and
Operating hours.
Loading Areas
Car parking spaces numbered 1 and 2 shall be clearly linemarked and signed indicating “No Parking 6am to 9.30am”. The remainder of the required access and turning areas for delivery and refuse vehicles shall be clearly linemarked and signed to prevent misuse. The type and extent of the linemarking and signage be clearly indicated on plans submitted for Operational Works approval.
All vehicles shall enter and leave the site in a forward direction.
Carparking

Off Street
Carparking shall be provided within the site as shown on drawing number 0626-SK02-F dated 17/1/07 as prepared by Middap Ditchfield Pty Ltd Architects, except as modified herein.
A minimum of 19 car parking spaces shall be provided on site.
The carparking area shall be designed to comply with the provisions of AS/NZS 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.
Deleted.
All carparking shall be kept, maintained, line-marked and clear of refuse and/or equipiment storage and in a condition fit for use at all times.
Vegetation Protection
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.
Frontage Works
Footpath improvements such as topsoiling, grassing, and tree planting across the Hastings Street frontage of the site shall be provided in accordance with the Hastings Street Masterplan. The necessary footpath improvements shall be constructed by the applicant at no cost to Council unless the required works have been previously constructed by Council. Should the works have already been constructed by Council the subject site shall be subject to a special rate levy to contribute towards Council’s costs for the Hastings Street Masterplan works.
All existing vegetation within the Hastings Street road reserve shall be protected and retained except where removal is required to enable construction of approved buildings, access and services or as otherwise approved under any Development Permit.
New concrete paths shall be constructed across the Hastings Street frontage of the site in accordance with the Hastings Street Masterplan. The necessary footpaths shall be constructed by the applicant at no cost to Council unless the required works have been previously constructed by Council. Should the works have already been constructed by Council the subject site shall be subject to a special rate levy to contribute towards Council’s costs for the Hastings Street Masterplan works.
Pram ramps shall be installed at the intersection of the footpath and any vehicle access in accordance with Council’s Standard Drawing 9006.
All paths and pram ramps shall be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish.
All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit.
Undergrounding Power
The existing overhead electricity wires to the Hastings Street frontage of the development shall be redirected underground to help beautify the Hastings Street street scape and aid with the growth of street trees.  This work shall be at no cost to Council.
Stormwater Drainage
Roof runoff shall be directed to a rainwater storage system or tank (minimum storage 9000 litres) that is plumbed to service the toilets and landscaping.  The design of the rainwater storage system shall be to the satisfaction of the Manager Plumbing Services.
All stormwater drainage shall be collected on site and discharged so there is no net increase in stormwater runoff from the site.  Stormwater drainage permitted to drain from the site shall be discharged to Council’s existing drainage structures in Hastings Street.  Plans of the drainage design shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street drainage system at any one location is 25 litres/second.
To ensure that polluted run-off does not enter Council’s stormwater drainage system, 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.
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.
All site stormwater drainage shall be by means of a gravity system.
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.
Sewer Mains
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.
Town Water Supply
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.
Each water connection to the water reticulation system shall extend to the property boundary and be metered.  Where multiple units including leased buildings are served by a single service, multiple water meters to each individual unit or leased building shall be installed.  All fees for the supply of water meters shall be paid to the Council.
Earthworks
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or structures that border the development site. Fences that are affected shall be replaced prior to plan endorsement.  In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval.
Site Stability
A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures, and make recommendations on the type of foundation system(s) best suited for the proposed development.  This information shall be submitted to the Council for assessment and approval prior to obtaining a Development Permit for Operational Works.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
General
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.
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.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
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).
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.
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.
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.
Deleted.
Environmental Health
Should a fuel operated emergency generator be provided approval for the Underground Petroleum Storage System approval must be obtained under the Dangerous Goods & Safety Management Act of Queensland and the Environmental Protection Act 1994. The application for such approval shall be lodged with Council’s Environmental Health Section and shall include an assessment by a competent person of the site’s class pursuant to the “Operators Compliance Guide for Petroleum Product Storage”.
An annual licence is to be obtained from Council’s Environmental Health Section with respect to the storage of flammable or combustible liquids in excess of the minimum amounts permitted under the Dangerous Goods & Safety Management Act of Queensland. Application for such a licence is to be made at the time of submission of an application for Building Approval.
An annual licence and registration of the premises is required under the Food Hygiene Regulations of 1989 from Council’s Environmental Health Section where unpackaged food and drink is sold, prepared, packed, stored, handled, served or supplied for sale.
Waste Management
Additional details are required to be submitted and approved by Council’s Manager of Environmental Health prior obtaining a Development Permit for Operational Works.
Deleted.
Deleted.
The developer shall submit to Council a Waste Management Plan for the construction or demolition phase of the development.  The Waste Management Plan is to contain the following information:
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume (m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site
Excavation material				
Garden Organics				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Other - please specify				
Note: Details of site area to be used for onsite separation, treatment and storage (including weather protection) should be provided on the plan drawings accompanying your application.
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.  A roofed waste/bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap and grease arrestor.  Areas shown on Drawing 0626-SK02-F dated September 2006 is satisfactory.
Noise
The proposed development shall comply with the noise management strategies contained in the report “Noosa Heads Surf Lifesaving club Alterations & Extensions Noise Impact Assessment” prepared by Ron Rumble Pty Ltd, dated January 2007, and the following:
Amplified Entertainment shall be limited to ensure noise limits required by Liquor Licensing are met.  During the detailed design phase of the clubhouse advice shall be sought from an acoustic consultant and shall give consideration to the attenuations measures listed under section 8.3 of the above noise report. Outdoor dining noise limits shall not exceed background + 5dB(A) for daytime and evening, with the north eastern deck area as identified on the approved plans closed after 10pm.  Details of the proposed means to close the north eastern deck area shall be submitted to Council prior to issue of a Development Permit for Operational Works.
The Loading area shall not be used by trucks larger than small rigid vehicles outside the hours of 7am to 6pm (excluding approved waste vehicles), with small rigid vehicles permitted to use the dock until 10pm.
Plant equipment shall not exceed 50 dB(A) daytime and evening; 40 dB(A night-time; or background + 5 dB(A) daytime and evening and background +3 dB(A) night-time, whichever is the lower.  All associated acoustic measures shall be integrated with the roof line and building design in a manner that does not dominate or impact on the skyline and streetscape to the reasonable satisfaction of the Manager, Land Use.
On completion of the development, a certificate by an appropriately qualified acoustic consultant shall be submitted to Council demonstrating that the development complies with the above requirements.
Noise from building works is to comply with:-
Limited to between 7:00am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays.
Trade Waste
A Trade Waste Permit is required to discharge each type of Trade Waste. The hydraulic drawings are to show all the Trade Waste requirements in accordance with the Noosa Trade Waste Policy.
Full truck access is to be provided to each grease arrestor and/or pre-treatment device for clearing and servicing.  The location of the grease arrestor and/or pre-treatment devices shall be detailed on plans to the satisfaction of Council prior to obtaining a Development Permit for Operational Works.
Additional Conditions 19/01/06

Land Use
The TAB area shall be no greater that 44.2 m².
Deleted.
Deleted.
Deleted.
The landscaping plan submitted for a Development Permit for Operational Works shall identify the provision of 2 x 100 Litre Tuckeroo and 1 x 100 Litre Coastal Banksia along the eastern elevation of the building to replace the species required to be removed as a result of the development.
Additional Conditions 10/05/07

Land Use
All buildings and structures, with the exception of the roof structure for the Tourist Information Centre, are not permitted to extend into the road reserve.
Environmental Health
Adequate kitchen and food storage space shall be provided as per architects Middap Ditchfield Drawing No. 0626SK04-C, dated September 2006.
The development must allow refuse-loading areas to be located off street to permit all vehicles associated with the collection of waste/recyclables to enter and leave the site in a forward direction.   In this regard, Drawing SK02-F dated September 2006 is satisfactory for the 10 metre long street litter waste vehicle.
Land Development
The applicant shall contribute $3,000 towards the installation of an artistically designed and constructed buffer/bumper to ensure that an errant vehicle does not damage the rear walls of the proposed Tourist Information Centre. The design for the buffer/bumper shall be undertaken by Council’s Manager Design and the Gallery Director.
Additional Conditions 8/05/2017
Landscaping
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.

Exposed timber surrounds to garden beds must not create a trip hazard.

Rehabilitation of garden areas must:
Be undertaken immediately following completion of the construction works;
In accordance with the approved plans and ‘Proposed Landscape Report and Proposed Plant Schedule as prepared by John Hope Designs, dated 3 March 2017;
Result in the area being stable and landscaped.

General
The installation of the windows on the western façade of the building must be in accordance with the Acoustic advice provided by TTM, dated 12 April 2017.

The structural poles currently supporting the shade sails on the south western corner must be removed as part of the construction of this area.

referral agency conditions
The referral agencies applicable to this application are:
Referral Trigger	Referral Status	Referral Agency	Referral Address
Acid Sulphate Soils	Advice Agency	Department of Natural Resources & Mines	PO Box 573,  Nambour  Qld  4560
Coastal Management District	Concurrence Agency	Environmental Protection Agency	Coastal Unit (Southern Region) PO Box 155, Brisbane Albert Street  Qld  4002
A copy of any referral agency conditions is attached.
approved plans/documents
The approved plans are detailed in Condition 1 above.
Advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
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.
Development Application for Building Work to be also referred to Queensland Fire and Rescue Services.
Deleted.
The applicant is informed that payment of the following Infrastructure Charge and contribution amounts as at December 2006 have been waived in accordance with Council’s Policy for Rate Rebates and Waiver of Fees for Community Organisations:
Council’s Coastal Major Road Network Infrastructure Charges Plan	$135,558
Council’s Planning Scheme Policy PSP12 Public Open Space Contributions	$2,035
Council’s Planning Scheme Policy PSP17 Water Supply Headworks Contributions	$25,651
Council’s Planning Scheme Policy PSP16 Sewerage Headworks Contributions	$25,707
Council’s Planning Scheme Policy PSP20 Pathway Trunk Network Contributions	$2,056
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.
The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with Council’s Code controlling food establishments for approval by Council’s Environmental Health Section, for any food premises proposed to be included in the development.  Approval is to be obtained prior to fitting out the building.
For café or restaurant the developer must provide toilets for customers and staff in accordance with the Building Code of Australia.
Separate plans are to be submitted detailing the location and outlet for any mechanical exhaust system.  The installation of any mechanical exhaust system is to comply with Australian Standard 1668.
In accordance with the Environmental Protection (Water) Policy 1997, all 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, storm water drain or a watercourse.  On the spot fines apply for such offences.
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 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.
Trade Waste
Liquid waste generated by industry, small business and commercial enterprises is referred to as Trade Waste.
Council approval must be gained prior to the discharge of Trade Waste to Council’s sewerage system.  Approval may be granted through the issuing of a Trade Waste Permit.
All Trade Waste requirements including pre-treatment devices must be shown on hydraulic plans submitted to Council for approval.
Trade Waste requirements must be in place, inspected and approved prior to commencement of trading or operation.
Trade Waste approval is required for any car park, car or boat wash facilities.
Additional Advices 10/05/07
The proposed development is outside of the existing lease area and therefore an application to Council is required to change the existing lease area.
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).
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:-
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;
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;
Any services and facilities in the building complex must allow independent, dignified and equitable use of the services and facilities for all people.
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.
Should a fuel operated emergency generator be provided approval for the Underground Petroleum Storage System approval must be obtained under the Dangerous Goods & Safety Management Act of Queensland and the Environmental Protection Act 1994. The application for such approval shall be lodged with Council’s Environmental Health Section and shall include an assessment by a competent person of the site’s class pursuant to the “Operators Compliance Guide for Petroleum Product Storage
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
The following property notes will be placed against the subject property in Council’s property record system:
Not applicable.
preliminary approval overriding scheme
Not applicable.
Further development permits required
Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	Redevelopment of Surf Life Saving Club Facilities
Development Permit for Operational Works	Landscaping, carparking and access, stormwater drainage and excavation of materials to fill another site
self assessable codes
The developer must comply with the following codes for self-assessable development related to the development approved under this Decision Notice:
Not applicable.
SUBMISSIONS
There were 7 properly made submissions and 1 not properly made submissions received.
Reasons / grounds for approval despite conflict with scheme
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
Should you wish to obtain more information about Council’s decision electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
DECISION NOTICE HISTORY
Original Decision Notice 7 April 2005.
Negotiated Decision Notice with amendment to Conditions 7 & 14 on 21 July 2005
Minor change to the approval with amendment to Conditions 1, 5, 20, 26 & Advice Condition 4, deletion of Conditions 60.1 and 60.2 and inclusion of five additional conditions on 19 January 2006.
Minor change to the approval with amendment to Conditions 1, 4, 5, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 24, 26, 27 29, 32, 33, 61, 62, 65, 70, and Advice Condition 4, deletion of Conditions 22, 56, 67, 68 & 69 and inclusion of four additional conditions and six additional advices on 10 May 2007.
Minor change to the approval with amendment to Conditions 8, 15 & 71 & refuse to change Condition 9 on 22 November 2007
Minor change to the approval with amendments to Conditions 16, 26 & 27. Delete Conditions 11 & 29 on 12 March 2010.
Minor change to the approval with amendments to Conditions 1 and 10 and include 5 additional conditions.
Yours faithfully

Lisa Pienaar
Development Planner

Encl. 	Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Concurrence Agency Conditions – Environmental Protection Agency INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

	Referral Agency Conditions – Department of Natural Resources and Mines INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

Advice Agency Condition
1.	An Acid Sulphate Soils (ASS) Management Plan must be provided for any excavation works undertaken in areas of the site below 5m AHD.  The management Plan must outline all proposed ASS investigations and management procedures, which are to be undertaken in accordance with State Planning Policy 2/02: Planning and Managing Development Involving Acid Sulphate Soil with reference to the SPP Guideline: Acid Sulphate Soils, the Guidelines for Sampling and Analysis of Lowland Acid Sulphate Soils in Queensland 1998 and the Queensland Acid Sulphate Soil Technical Manual: Soil Management Guidelines.
This plan is to be submitted to the satisfaction of the Department of Natural Resources & Mines prior to obtaining a Development Permit for Operational Works.

	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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132004.4078.08

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Notice

Coastal development

 

Concurrence Agency Response - Coastal development

This notice is issued by the Environmental Protection Agency pursuant to sections 3.3.16 and 3.3.18 of the integrated
Planning Act 1997.

 

 

EPA approval number: ENCA00082304

Approval type: Development Permit

Date application received by EPA: 25 August 2004

RELEVANT LAWS i it islatie
AND POLICIES: Coastal Protection and Management Act 1995 and subordinate legislation

 

CONCURRENCE AGENCY a . .
JURISDICTION: Item 24b(ii) of Schedule 2 of the integrated Planning Regulation 1998.

 

ASSESSMENT MANAGER
REFERENCE NUMBER: 2004/4078/10

 

APPLICANT: Noosa Heads Surf Life Saving Club

 

Material Change of Use of premises completely or partly within a coastal
ACTIVITY DESCRIPTION: | management district

 

61 Hastings Street, Noosa Heads
DESCRIPTION OF
SUBJECT LAND:

 

Lot:3 Plan: CP862568.

 

Response to Development Application

The EPA, acting as a concurrence agency under the integrated Planning Act 1997, Provides its response to the
application as detailed above. The concurrence agency response is that applicable conditions for the approval
are provided in this response.

Basis for inclusion of development conditions

In accordance with Section 3.3.18(7) of the Integrated Planning Act 1997 and Section 27B of the Acts
interpretation Act 1954, the reasons for a refusal or for the inclusion of development conditions are:

. The Environmental Protection Agency is recognised as a concurrence agency under the Integrated
Planning Regulation 1998 for coastal management, other than amenity and aesthetic significance or

 

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Queensland Government
Environmental Protection Agency Envioaantal Pretaction Agency

wew.epa.qid.gov.au ABN 87 221 158 788 Queensland Packs and Wiidille Service


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sunsnine Coast

Regional Council


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ecoaccess

sovironmental foencas and permits
Notice

Concurrence Agency Response

 

value. Development conditions placed on the development approval for the application are in accordance
with section 106 of the Coastal Protection and Management Act 1995.

‘The Activity for which this development approval is issued is simply a restatement of the activity as prescribed in
the legislation at the time of issuing this development approval. Where there is any conflict between the above
description of the Activity for which this development approval is issued and the conditions as specified in this
development approval as to the scale, intensity or manner of carrying out of the Activity, then such conditions
prevail to the extent of the inconsistency.

This development approval authorises the Activity. It does not authorise environmental harm unless a
concurrence agency condition within this development approval explicitly authorises that harm. Where there is
no condition, or the development approval is stent on a matter, the lack of a condition or silence shall not be
construed as authorising harm.

As part of the concurrence agency response the following development conditions are to be attached to the
development approval:

Conditions:

A interest: Coastal
4. The proposed development shall be in accordance with the plan numbers specified in this permit.

Please note that the following Plans also apply to this approval:

Plans:

989 SK1.1 issue B dated 26 April 2004 drawn by JMA Architects Pty Ltd
989 SK1.2 issue B dated 26 April 2004 drawn by JMA Architects Pty Ltd
989 SK1.3 issue B dated 26 April 2004 drawn by JMA Architects Pty Ltd
989 SK1.4 issue B dated 26 April 2004 drawn by JMA Architects Pty Lid
989 SK1.5 issue B dated 26 Apri 2004 drawn by JMA Architects Pty Ltd
989 SK2.1 issue B dated 26 Apr 2004 drawn by JMA Architects Pty Ltd
989 SK2.2 issue B dated 26 April 2004 drawn by JMA Architects Pty Ltd
989 SK3.1 issue B dated 26 April 2004 drawn by JMA Architects Ply Ltd
989 SK3.2 issue B dated 26 April 2004 drawn by JMA Architects Ply Ltd

Additional information for applicants

This concurrence response pursuant to the integrated Planning Act 1997 and assessed against section 104 of
the Coastal Protection and Management Act 1995 does not remove the need to obtain any further approval for
this development which may be required pursuant to this or other legislation, both State and Commonwealth.
Applicants are advised to check with all relevant statutory authorities for such approvals as may be required.

itis a requirement of the Environmental Protection Act 1994 that if tha owner or occupier of this site becomes
aware a Notifiable Activity (as defined under Schedule 2 of the Environmental Protection Act 1994) is being
carried out on this land or that the land has been affected by a hazardous contaminant, they must, within thirty
(30) days after becoming aware the activity is being carried out, give notice to the Environmental Protection
Agency. A list of Notifiable Activities is provided within Schedule 2 of the Environmental Protection Act 1994.

 

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