SUPERSEDED - Amended Change to Existing Approval (clarification of Condition 46) - 51997.2256.01

Officer:	Jack Lewis
Direct Telephone:	(07) 5449 5183
Fax:	(07) 5475 7277
Our Reference:	JL013:ae:51997.2256
Your Reference:	01419 L02 NG
26 August 2013

Ogilvie Bacon Partnerships
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567

Dear Sir/Madam

Amended Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 15 August 2013, Council decided your requested changes.  This amended notice is issued to clarify the purpose of Condition 46.

Details of the decision are as follows:

APPLICATION DETAILS

Application No:	51997.2256.01
Street Address:	40 Hastings St NOOSA HEADS  QLD  4567
Real Property Description:	Lot 1 SP 108891
Planning Scheme:	The Noosa Plan (8 August 2011)

DECISION DETAILS

The following type of approval has been issued:
Town Planning Consent Permit - Multiple dwellings x 26, Shop and Commercial Services (Bank)

In relation to the request to make a change to the existing approval, Council decided to:
A.	Include additional conditions 46, 47 & 48.
B.	Include additional Advisory Note.
C.	Amend the list of Approved Plans & documents.

.RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is identified in the Assessment Manager conditions.  .

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

Town Planning
This approval acknowledges that the development may be undertaken in stages and that a temporary bank structure may be erected to allow continuous operation of the existing bank tenancy.  Public access and carparking spaces are to be available to the site as indicated on Plan 187116/3B dated May and August 1997, prepared by John Dimitriou Architects, at all times that the bank premises are operating.
The developer may apply to Council for a determination on which conditions of this approval shall apply to various stages.

There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.

The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan to be submitted to and approved by the Manager of Planning, prior to the issue of a Building Approval.  Such landscaping is to be completed in accordance with the approved landscape plan, prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Manager of Planning.
No clearing is to take place until the landscaping plans are approved.

The developer shall comply with the recommendations of the consultant’s report on the existing fig tree to the reasonable satisfaction of the Manager of Planning.

If within a period of two (2) years after the completion of works adjacent to the fig tree in the north-eastern corner of the site, the tree dies or demonstrates discernible characteristics that reasonably conclude the tree will not survive, the developer shall provide a replacement tree of an equivalent or similar species and size to the satisfaction of the Manager of Planning.

Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use.  The landscape plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained.

Any advertising sign or device is to comply with the provisions of Council's policies on advertising.

The footpath and setback areas are to be kept clear of goods, signs and street furniture not approved by Council.

Submission of security in the form of a cash bond or trading bank guarantee to the sum of $30,000 to secure performance of conditions, prior to the issue of Building Approval. The cash bond or trading bank guarantee will be returned upon performance of the conditions of approval.
$20,000 of the security will be retained for the purposes of requiring compliance with conditions relating to the existing fig tree in the north-eastern corner of the site and will be returned upon the performance of those conditions.
The security required, must be lodged within two (2) years of the date of Council’s decision/the Court’s Order.  Alternatively, a written request may be made prior to this date, seeking an extension of the two (2) year lodgement period.  If neither of the above actions have been undertaken within two (2) years of Council’s decision, then the decision in respect of this application is void and ceases to have effect.

The provisions of this approval are to be effected, prior to the commencement of the approved use.  Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.

The Town Planning Consent Permit may be revoked pursuant to Section 4.14 of the Local Government (Planning and Environment) Act if commencement of erection or works have not been made in accordance with that Permit or the rights conferred by that Permit are not exercised within two (2) years of the date of issue of the Permit.

The Town Planning Consent Permit lapses where:-
12.1	the use or erection of a building or other structure associated with the use, has not been commenced within four (4) years of the date of issue of the Town Planning Consent Permit, unless application is made and approved by Council for an extension; or
12.2	the use of any premises pursuant to the Town Planning Consent Permit ceases for a period of twelve (12) months.

Health
Provision of approved refuse containers in accordance with requirements of the Environmental Protection (Interim Waste) Regulations 1996 for the storage and collection of refuse to the satisfaction of Council’s Environmental Health Officer.

Provision of an imperviously paved area upon which to stand all refuse and recycling containers together with a suitable enclosure, if required, to enclose the refuse container area to the satisfaction of the Environmental Health Officer.

Any flat or unit intended to be let out for fee or reward is to be licensed annually with Council’s Health Department in accordance with the provisions of Chapter 43 of Council’s By-Laws prior to such letting.

The swimming pool shall be licensed annually with the Council’s Health Department in accordance with the provisions of Chapter 42 of Council’s By-Laws.
Swimming pool pumps are to be located in a manner which prevents noise disturbance beyond the subject land.

Airconditioning units shall be located in a manner which prevents noise disturbance beyond the subject land.

Engineering
Provision of at least 34 off-street car parking spaces, comprising 26 covered spaces and 8 uncovered spaces, and access thereto which are to be provided with a sealed pavement and designed, drained, constructed and maintained in accordance with the Planning Scheme AS2890.1 1993 edition, Council's Policies and to the reasonable satisfaction of the Shire Engineer.  Plans and specifications for these works are to be submitted to the Shire Engineer for approval in conjunction with the Building Application.  A Building Approval shall not be granted until the Shire Engineer has approved of the carparking and access scheme.

The developer is permitted to install a security gate within the carparking area.  However, the security gate is to remain in the open position whilst the bank and shop premises are open for trading.  Public accessing the shop and bank premises are to be permitted to park within the site.  The employees of the bank and shop premises are also to be permitted to park within the site.

All separate, adjoining lots that form part of this application are to be amalgamated into one undivided lot in accordance with Section 5.11 of the Local Government (Planning and Environment) Act, prior to the issue of a Building Approval.

Payment of contributions towards roadworks and landscaping improvements in the Hastings Street area in the amount of $47,450.  Such payment is to be made prior to a building approval being granted for the site.

Payment of a contribution to Council in accordance with Council's Policy on Beach Access Contributions, prior to the issue of Building Approval.  Such payment shall be in accordance with the contribution rate adopted by Council and current at the time of payment.  An estimate only of the contribution at the date of this decision is $1,690.

Payment of contributions in accordance with Council's Policy on Water Supply and Sewerage Headworks.  An estimate only of the charges as at October 1997, under the current policy is as follows:-
Water Supply	$ 68,243
Sewerage	$ 57,032
TOTAL:	$125,275

	Please note that the headworks charges will alter in accordance with Price Index variations or if any amendment is made to Council's policy.
	Headworks contributions shall be calculated and paid in accordance with either of the following alternatives:-
24.1	Payment to be made prior to the issue of a Building Approval in the amount calculated under the Policy at that date; or
24.2	Payment may be deferred to a date:-
24.2.1	prior to Council sealing plans of the development for titling purposes;
24.2.2	prior to the issue of a Certificate of Classification for any building approved under this application; or
24.2.3	prior to commencement of the approved use at the relevant premises;
	whichever is the sooner.  Payment of deferred headworks contributions shall also be subject to the following requirements:-
24.2.4	Submission of a trading bank guarantee to the value of headworks assessed at the time prescribed by the Local Government (Planning and Environment) Act 1990, plus 20%, prior to Building Approval;
24.2.5	Headworks shall be calculated as the value of headworks assessed at the time prescribed by the Local Government (Planning and Environment) Act 1990, plus interest charged at the rate set by the Queensland Treasury Corporation for Local Government borrowings as they apply to Noosa Shire.  The interest rate used shall be the rate current at the "time prescribed" above;
24.2.6	Should the contributions not be paid at the due time, Council shall call upon the security lodged; and
24.2.7	in the case of a building permit, if a permit expires the securities held will be returned.

The developer shall bear the cost of alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site.

Connection to Council's existing water supply and sewerage reticulation systems at the developer's expense to the standards and requirements of Council's Shire Engineer.

The developer shall provide metered water connections from the water supply system to the proposed development, in accordance with Council's standards and to the satisfaction of the Shire Engineer.

The site is to be filled to levels nominated by the Shire Engineer to provide adequate site drainage.  Floor levels for all buildings and other structures and car park areas are to be in accordance with the requirements of the Shire Engineer.  A Building Approval shall not be granted until the Shire Engineer has approved all levels.  Fill and floor levels will be provided on application to the Council's Engineering Department.  Any filling works undertaken on the site shall be carried out in accordance with Section 3.8 of Council's "Engineering Design Standards" manual so as not to cause the ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.  No earthworks or filling works are to be undertaken until issue of a Building Approval.

Roof and surface water is to be collected on site and is to be discharged through a single underground drain line into existing drainage in Hastings Street and Noosa Parade to the satisfaction of the Shire Engineer.  A Building Approval shall not be granted until the Shire Engineer has approved of the drainage scheme.

All construction operations shall be carried out to the reasonable requirements of the Shire Engineer, including parking, unloading, storage and handling of construction materials adjacent to the site.

The applicants shall be responsible for the control of erosion and sediment export from the site.

Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary.  The applicants shall be required to submit an erosion and sediment control plan with the Building Application.  This plan is to be approved by the Development Engineer, prior to the issue of the building approval.

The applicants are to note that all construction traffic and deliveries are to be made from the rear access off Noosa Parade.  The applicants are to seek permission for any disruption to the traffic flow past the site.  Any traffic control requirements shall be at the discretion of the Shire Engineer and at the applicant’s expense.
A $2,000 site control bond is required, to ensure compliance with this condition.

The access to the rear car park off Noosa Parade is to be designed to link partly with the existing access from the adjoining tennis court carpark.  The driveway is to be directed from the car park towards the existing vehicle crossover and a new crossover constructed on the existing kerb alignment.  This crossover will comply with Council Dwg No 9002 - Industrial Crossing Type A.  the design for this access is to be prepared by a Registered Civil Engineer and submitted to Council for approval by the Shire Engineer.

The existing sewer which traverses the site is to be realigned clear of the proposed building at the applicant’s expense.  A plan detailing this is to be submitted to Council for approval by the Shire Engineer prior to the issue of a building approval.

Construction of roadworks, drainage and footpath improvements across the full frontages of the development to the satisfaction of the Shire Engineer.  Such works shall involve the construction of kerb and channel, bitumen widening, associated drainage, hot mix correction to the existing pavement, where required and footpath upgrading works.  In this regard, plans prepared by a registered Civil Engineer are to be submitted to and approved by the Shire Engineer, prior to the issue of Building Approval.

The footpath across the Hastings Street frontage of the site is to be fully paved from the kerb and channel to the property alignment and landscaped in accordance with condition 3. above, to the satisfaction of the Shire Engineer.
The pavement is to be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish.

The footpath across the Noosa Parade frontage of the site is to be upgraded by the provision of a 1.2 metres wide concrete footpath and the forming, grassing and topsoiling of the remaining area to the standards and requirements of the Shire Engineer.  The applicant is to contact Council's Engineering Department to determine the footpath alignment prior to the commencement of any works. A meandering footpath is desirable.

Building
Submission to and approval by Council of building plans in accordance with the Building Act, Council's By-laws and Policies, the conditions of this approval and substantially in accordance with plans No. 22, 23 and 24 dated August 1997, prepared by John Dimitriou Architects and the Shire of Noosa Planning Scheme apart from where amendments are required or dispensations have been granted in conjunction with this approval.  Building “C” is permitted to adjoin the eastern boundary in accordance with Plans CD-20C and 23C.

The plans submitted for Building Approval are to comply with the following requirements:-
40.1	The dwelling units shall be designed with some consideration to persons with disabilities.  This condition applies to floor surfaces throughout and accessibility and facilities associated with bathrooms and kitchens but does not extend to the full requirements applicable to Building Class type 3.

Construction work and other associated activities are permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday.  No work is permitted on public holidays, except where extended hours are approved by the Building Surveyor.

The developer shall submit a drawing that indicates compliance with Council’s 45% site coverage requirements for the buildings proposed to be erected.  Such plans shall be submitted in conjunction with the Building Application.

Additional Conditions 31 December 1997
The developer shall further comply with Tree Surgeon report by The Tree Doctor dated 16 December 1997.  The final landscaping plan shall also provide for the protection required of the trunk and root system in proximity to the trunk.
The developer shall provide Council’s Local Laws Officer a minimum of twenty-four (24) hours notice of proposed works to remove the existing eucalypt and branches of the fig tree.

The fire protective walls to the eastern and western boundaries are to extend to a point acceptable to the Principal Building Surveyor as providing necessary fire protection in accordance with the requirements of the Building Code of Australia.

Building “C” shall not exceed 15 metres in height.

Additional Conditions 15 August 2013
As per permissible change approval 51997.2256.01, the approved plans for the commercial premises (bank) or shop use are outlined below:
Drawing No	Rev	Description	Date
D01	B	Floor Plan / Ceiling Plan’ drawn by Thomsett Architecture	17/07/2013
E01	A	Elevations / Sections drawn by Thomsett Architecture	27/06/2013
E02	A	Section drawn by Thomsett Architecture	27/06/2013

Existing trees on the site, adjoining properties and within the road reserves must be retained.

The shop must include a minimum of 50% transparent glazing to the shopfront.

REFERRAL AGENCY CONDITIONS

Not Applicable

APPROVED PLANS/DOCUMENTS

The approved plans for this development approval are listed in Condition 46.

ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of approval:
Infrastructure Charges
An “Infrastructure Charge” may be triggered and issued as applicable in accordance with the relevant Council policy and Legislation applicable at the time of issue of a Development Permit for Building Works relating to the change.

Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia – (Volume One) Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
The Anti-Discrimination Act 1991 (Queensland)
The Disability (Access to Premises – Buildings) Standards

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.

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 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 3239 3647 to discuss any obligations under the ACH Act.

PROPERTY NOTES

Not Applicable

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work

SELF ASSESSABLE CODES

Not Applicable

SUBMISSIONS

Not Applicable

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

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.sunshinecoast.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY
11852 TC - Original Decision Notice. 5 November 1997
11852 TC - Modification to Conditions 31 December 1997
51997.2256.01 - Change to an Existing Approval 15 August 2013
51997.2256.01 – Amended Change to an Existing Approval 26 August 2013

Yours faithfully

Jack Lewis
Development Planner

Encl. 	Approved Plans/Documents
Appeal Rights

Cc	Unitywater

	 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.

FM1512s/2-13/11/2012	Page 9 of 10

FM1512s/2-13/11/2012	Page 1 of 10

51997.2256.01