Council archive · source document
04/4078 - COMPILED Decision Notice [As Published] · 132004.4078.04
Form 6 – Compiled Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2004/4078 Date of Decision: 22 November 2007
1. APPLICANT DETAILS
Name: Noosa Heads Surf Lifesaving Club Inc
Postal address: CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
Phone no: 5455 5425 Fax no: 5455 5725
2. PROPERTY DESCRIPTION
Street address: 61 Hastings Street
Suburb/locality Noosa Heads
Real property Lot 3 CP 862568, County of March, Parish of Weyba
description:
3. OWNER DETAILS
Name: State Land - NSC as Trustee
Postal address: PO Box 141
TEWANTIN QLD 4565
4. REFERRAL AGENCIES
Referral Agency Address Basis
Department of Natural PO Box 573, Nambour Qld 4560 Advice Agency - Acid
Resources & Mines Sulphate Soils
Environmental Coastal Unit (Southern Region) Concurrence Agency –
Protection Agency PO Box 155, Brisbane Albert Street Qld 4002 Coastal Management
District
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use of Indoor Entertainment - redevelopment of No Yes
Premises SLSC and toilet block
6. DECISION DETAILS
Council on 7 April 2005 decided to:
A. Approve the application and grant a Development Permit, subject to conditions;
B. 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.
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NOOSA COUNCIL IDAS Development Application Decision Notice 2
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.
B. Delete Conditions 22, 56, 67, 68 & 69.
C. 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.
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Not applicable.
8. SUBMISSIONS
7 properly made submissions and 1 not properly made submission were received. See attached list for properly
made submissions.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached. Conditions from the
Environmental Protection Agency, as a concurrence agency and Department of Natural Resources and Mines,
as an advice agency are also attached.
10. 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
11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
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NOOSA COUNCIL IDAS Development Application Decision Notice 3
12. ASSESSMENT MANAGER
Name: Noosa Council Signature: Date: 26 November
2007
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
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NOOSA COUNCIL IDAS Development Application Decision Notice 4
Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Land Use
1. Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plans are titled and numbered Site Plan SK01-C, Level 1 (Hastings St)
Floor Plan SK02-F, Level 2 (Beach) Floor Plan SKO3-C, Level 3 Floor Plan SK04-C, Roof Plan SK05-C,
Elevations East & West SKO6-C, Elevations North & South SK07-C, Sections A & B SK08-C, prepared by
Middap Ditchfield Architects Pty Ltd and dated September 2006 and as may be amended by these
conditions.
2. 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.
3. Existing trees on the site and within road reserves are to be retained, except where nominated to be
removed due to building operations.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. The commercial operations on the site are restricted to the hours of 7:00am to 12 midnight, 7 days a
week.
10. Any deck areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open
structures, apart from temporary measures used during periods of inclement weather conditions.
11. All vehicles exiting the site are to be restricted to a left turn movement only.
12. 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.
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13. 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.
14. 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.
15. The northern deck area is permitted to operate between 7am and 12 midnight, seven (7) days a week.
16. Secure bicycle racks shall be provided on site to accommodate a minimum of 14 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.
17. End of trip facilities (ie. lockers, showers and change rooms) shall be provided within the approved
building in accordance with the approved plans.
18. 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.
19. 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
20. 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.
21. 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.
22. Deleted.
23. 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:
23.1. 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;
23.2. Indicate provision for on-site parking for the required workforce; and
23.3. Operating hours.
Loading Areas
24. 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.
25. All vehicles shall enter and leave the site in a forward direction.
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Carparking
Off Street
26. 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.
In order to ensure that the carparking arrangements can function as intended either one of the carspaces
at the end of the aisle (carspaces No 7 & 8) shall be dedicated as a turning area. The dedication of the
carspace shall be clearly shown on plans submitted for Operational Works approval.
27. A minimum of 20 car parking spaces shall be provided on site.
28. 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.
29. The proposed turning area at the end of the aisle that serves proposed carpark spaces, Nos 7 & 8, and
any other dedicated turning areas 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”.
30. 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
31. 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
32. 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.
33. 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.
34. Pram ramps shall be installed at the intersection of the footpath and any vehicle access in accordance
with Council’s Standard Drawing 9006.
35. 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.
36. 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.
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Undergrounding Power
37. 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
38. 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.
39. 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.
40. 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.
41. 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.
42. All site stormwater drainage shall be by means of a gravity system.
43. 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
44. 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
45. 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.
46. 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.
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Earthworks
47. 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
48. 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
49. 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
50. 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.
51. 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.
52. 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).
53. 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.
54. 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.
55. 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.
56. Deleted.
Environmental Health
57. 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”.
58. 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.
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59. 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
60. Additional details are required to be submitted and approved by Council’s Manager of Environmental
Health prior obtaining a Development Permit for Operational Works.
60.1. Deleted.
60.2. Deleted.
60.3. 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 Estimated On-site Off-site *specify contractor
materials volume *specify proposed *specify contractor and landfill site
(m³) re-use or on-site and recycling outlet
recycling methods
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.
61. 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
62. 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:
62.1. 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.
62.2. 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.
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62.3. 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.
62.4. 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.
63. Noise from building works is to comply with:-
63.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
63.2. All reasonable measures are taken to minimise noise emissions.
63.3. Not permitted on Sunday or public holidays.
Trade Waste
64. 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.
65. 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
66. The TAB area shall be no greater that 44.2 m².
67. Deleted.
68. Deleted.
69. Deleted.
70. 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
71. 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
72. Adequate kitchen and food storage space shall be provided as per architects Middap Ditchfield Drawing
No. 0626SK04-C, dated September 2006.
73. 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
74. 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.
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Concurrence Agency Conditions –
Environmental Protection Agency
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
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Concurrence Agency Conditions –
Department of Natural Resources &
Mines
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
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.
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Local Laws, Policies & State
Regulation Requirements
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Advice
1. 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.
2. Development Application for Building Work to be also referred to Queensland Fire and Rescue Services.
3. Deleted.
4. 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 $135,558
Infrastructure Charges Plan
Council’s Planning Scheme Policy PSP12 $2,035
Public Open Space Contributions
Council’s Planning Scheme Policy PSP17
$25,651
Water Supply Headworks Contributions
Council’s Planning Scheme Policy PSP16
$25,707
Sewerage Headworks Contributions
Council’s Planning Scheme Policy PSP20
$2,056
Pathway Trunk Network Contributions
5. 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.
6. 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.
7. For café or restaurant the developer must provide toilets for customers and staff in accordance with the
Building Code of Australia.
8. 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.
9. 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.
10. 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.
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NOOSA COUNCIL IDAS Development Application Decision Notice 16
Trade Waste
11. Liquid waste generated by industry, small business and commercial enterprises is referred to as Trade
Waste.
12. 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.
13. All Trade Waste requirements including pre-treatment devices must be shown on hydraulic plans
submitted to Council for approval.
14. Trade Waste requirements must be in place, inspected and approved prior to commencement of trading
or operation.
15. Trade Waste approval is required for any car park, car or boat wash facilities.
Additional Advices 10/05/07
16. The proposed development is outside of the existing lease area and therefore an application to Council is
required to change the existing lease area.
17. 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).
18. 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.
19. Noosa Council recommends that the following matters be considered to address equitable access and
facilities in the building:-
19.1. 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;
19.2. 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;
19.3. Any services and facilities in the building complex must allow independent, dignified and equitable
use of the services and facilities for all people.
20. 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.
21. 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
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NOOSA COUNCIL IDAS Development Application Decision Notice 17
List of Properly Made Submitters
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Bill Watson 1/18 William Street NOOSAVILLE QLD 4566
Ron Slattery Lynoaks Pty Ltd 5 The Promontory NOOSAVILLE QLD 4566
GP Webster Bellissima ! Shop 1, Netanya, Hastings NOOSA HEADS QLD 4567
Street
Stephen Scott Sound Body PO Box 1547 NOOSA HEADS QLD 4567
Corporate
Management
Lee-Ann Hay Netanya Noosa 75 Hastings Street NOOSA HEADS QLD 4567
Management Pty Ltd
RE Appleby Canchester Pty Ltd PO Box 225 MANSFIELD VIC 3724
PJ & MJ Egan 34 Allambi Terrace NOOSA HEADS QLD 4567
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NOOSA COUNCIL IDAS Development Application Decision Notice 18
Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
The following is an extract from the Integrated (6) If an application involves assessment against
Planning Act (Chapter 4). a concurrence agency code, appeal rights for
submitters for the application are not available
Division 8 - Appeals to court relating to
against the part of the approval that represents the
development applications
concurrence agency’s 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
may appeal to the court against any of the following- its jurisdiction, appeal to the court about the giving of
(a) the refusal, or the refusal in part, of a a development approval for a development
development application; application if-
(b) a matter stated in a development approval, (a) the development application involves impact
including any condition applying to the assessment; and
development, and the identification of a code (b) the advice agency told the applicant and the
1
under section 3.1.6; assessment manager to treat its response to the
(c) 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
(d) the length of a currency period; days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must Appeals for matters arising after approval given
be started within 20 business days (the “applicant’s (co-respondents)
appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of
(3) An appeal under subsection (1)(e) may be the following notices have been given may appeal to
started at any time after the last day a decision on the the court against the decision in the notice-
matter should have been made.
(a) a notice giving a decision on a request for
Appeals by submitters extension of the currency period for an approval;
4.1.28.(1) A submitter for a development application (b) a notice giving a decision on a request to make a
may appeal to the court about- minor change to an approval.
(a) the giving of a development approval, including (2) The appeal must be started within 20 business
any conditions (or lack of conditions) or other days after the day the notice of the decision is given
provisions of the approval; or to the person.
(b) the length of a currency period for the approval. (3) Subsection (1)(a) does not apply if the
(2) The appeal must be started within 20 business approval resulted from a development application
(superseded planning scheme) that was assessed as
days (the “submitters appeal period”) after the day
if it were an application under a superseded planning
the decision notice or negotiated decision notice is
scheme.
given to the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the
mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the
against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be
(4) If an application involves both impact
started at any time after the last day the decision on
assessment and code assessment, appeal rights for
the matter should have been made.
submitters are available only for the part of the
application involving 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 (no co-respondents)
application are available only for the aspects of the
development that would have required public 4.1.31.(1) A person to whom any of the following
notification under the repealed Act. notices have been given may appeal to the court
against the decision in the notice-
1
Section 3.1.6 (Preliminary approval may override local planning (a) a notice giving a decision on a request to change
instrument) or cancel a condition of a development approval.
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NOOSA COUNCIL IDAS Development Application Decision Notice 19
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(b) a notice under section 6.1.44 giving a decision to
change or cancel a condition of a development
approval.
(2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
(3) Also, a person who has made a request
mentioned in subsection (1)(a) 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.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
2
Section 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain
circumstances)
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